You Can Sue                  27 February 2019

 

Chapter 2:             Abortion Consent Forms

            Brent Rooney (MSc, email: youcansue@gmail.com)

            Chapter 2 address: http://www.top-sue.org/chapter-2

Summary

    When considering a possible medical negligence law suit, you

can make better informed decisions by obtaining a copy of your

signed consent form, a copy of which you are legally entitled to

have. If any of the following increased adverse risks were not listed

on the consent form you signed, you can make a legal claim for each

omitted risk: breast cancer, future premature delivery of a baby,

future miscarriage, reproductive tract infections, suicide, mental

problems, future victim of homicide, and substance abuse. In the

U.S. not only must advance warnings be provided for well accepted

adverse risks of a medical treatment, but also for potential adverse

risks. The deVeber Institute book COMPLICATIONS provides

published study documentation to support many induced abortion

adverse side-effects. (The total number of adverse induced abortion

risks exceeds twenty (20), so many claims of omitted risks on consent

forms can be made, above & beyond those listed in the second

sentence of this summary).

----------------------------------------------------------------------

 

Introduction

 

    In Canada and the United States a patient’s right to informed

medical consent before treatment is well established. A patient

can make a legal claim for an unconsented risk that has not yet

manifested. For example, a young woman, one “F.S.” (so identified

in her law suit against a Portland, Oregon abortion clinic), sued for

being put at increased risk of breast cancer; F.S. was not informed

about this increased B.C. risk before treatment. As of late January

2005 “F.S.” (then a 19 year-old woman) had never been diagnosed

as having breast cancer. Cancer normally takes decades to manifest,

so U.S. & Canadian courts can not and do not demand that patients

wait decades for cancer to be diagnosed before a legal claim can

be made and adjudicated. “F.S.” filed many legal claims (including

a ‘put at increased breast cancer’ claim) and the Portland clinic

legally contested zero of her many claims. “F.S.” thus won on all

her claims on 24 January 2005; prior to that date “F.S.” reached a

private monetary settlement with the Portland, Oregon abortion

clinic. Judge Dale Koch in his legal decision granting a complete

victory to “F.S.” set the interest rate (9% per annum) to be paid on

the unpaid balance owed to “F.S.”. (“F.S.’s” lawyer in her law suit

was Jonathan Clark; case # for F.S.’s statement of claims case:

030707422 in Multnomah County, Oregon).

 

The starting point in deciding whether to sue an abortion doctor

 

    It will not be news to you that even if the medical facts and

legal facts of your case are squarely on your side, that is absolutely

no guarantee that you will win on even one of your legal claims

against the doctor who performed an abortion on you. A key piece

of evidence you want to have in your hands as you and your trusted

lawyer decide whether a law suit should be pursed is a copy of the

informed consent form you signed before you underwent your

abortion. If you already have a lawyer, he/she can formally request

the clinic to provide a copy of the consent form you signed be given

to you. If you have not yet retained the services of a lawyer, you can

request a copy of your consent form; in Appendix A below is a form

letter you can use in person at the clinic to request a copy of your

consent form. If you bring a friend with you to the clinic, she/he can

be the witness who signs your formal request and two, not just one,

person showing up may help persuade the clinic to provide a

copy of your consent form (to which you are legally entitled). If

the clinic can not find a copy of your consent form, I suggest that:


1 You ask the person giving you that news to repeat her/his statement


2 Ask her/him to give you a ‘blank’ (unsigned) consent form for

the type of abortion procedure you underwent


3 Ask her/him to keep looking for your signed consent form and

contact you if your signed consent form has been found


4 If the clinic could not find your signed consent form,

IMPORTANT: In your DIARY write down exactly what

happened at the clinic, when you asked for a copy of your

signed consent form and add your signature to that diary entry.

In a court of law a written account of an event carries much

more ‘weight’ than a mere verbal recount of that event.

 

Examining your signed consent form

 

    If you have suffered a specific adverse medical effect that you

have good or very good reason to attribute to your prior abortion

and that adverse outcome was not listed as a raised risk on your

signed consent form, you may well want to list that unconsented

risk in your legal statement of claims. For example, let’s say you

had a vacuum aspiration (aka ‘suction’) abortion performed on you

and the consent form did not list raised risk of uterine (womb)

adhesions (scar tissue) and you have been diagnosed by a M.D. as

having uterine adhesions. Consider adding a claim along the

following lines to your legal statement of claims:

“I was not informed by Dr. John Doe in writing or verbally

that if a vacuum aspiration abortion is performed on me, it

increases my risk of suffering uterine adhesions. Vacuum

aspiration abortions raise the risk of uterine adhesions, which

in turn raises a woman’s future risk that her pregnancy will

end prematurely (under 37 weeks’ gestation), thus increasing

her newborn baby’s risk of serious handicaps (e.g. cerebral

palsy). Dr. Peter Roe has diagnosed me as having uterine

adhesions.”

 

Childless pregnant women undergoing abortions

 

    In Canada and the United States about one-half of women

undergoing induced abortions are childless women. As explained

in chapter 3 it is medical fact that the older a woman is at her

first delivery of a baby (full-term; medical jargon: First Full-Term

Pregnancy (FFTP)) the higher her lifetime B.C. (Breast Cancer)

risk. In advanced countries a 5 year delay in FFTP increases

relative B.C. risk by 19% and a 10 year FFTP postponement boosts

relative B.C. risk by 41%.[1, Trichopoulos]. The Harvard University

authors of the ‘Trichopoulos’ study included the great 20th century

breast cancer researcher Dr. Brian MacMahon (Harvard University).

If you were a childless woman when your IA (Induced Abortion) was

performed, carefully check your consent form to see if it has a breast

cancer warning along the following lines:

“If you are a childless pregnant woman, a delivery of your baby

currently (full-term) will result in lower lifetime breast

cancer risk compared to waiting to deliver your first baby

(full-term) in a subsequent pregnancy when you are older.”

 

Not a news flash that cancer treatments are often expensive and

mentally draining. If you do make a claim of raised B.C. risk due

to being a childless woman when your IA was performed, this could,

if the court accepts your B.C. claim as a valid one, have an additional

advantage to you. It may impress the court that subjecting a woman

to increased breast cancer risk via an elective (unnecessary) medical

treatment is very contraindicated and thus, the induced abortion

treatment SHOULD NOT HAVE EVEN BEEN PERFORMED by

the abortion doctor. If this is the court’s finding, this could improve

your chances of winning your other legal claims against the abortion

doctor and clinic involved.

 

Potential Adverse Abortion Risks

 

    It is certainly possible that the defendant doctor will claim that

a specific adverse risk that you claim is due to the IA procedure

you underwent is not an accepted abortion adverse risk by

competent medical authorities. In the United States, even adverse

risks that are merely POTENTIAL risks require that patients be

warned of such risks in advance of treatment. For example, the

Ninth Circuit Court ruled:

“We believe a risk must be disclosed even if it is but a potential

risk rather than a conclusively determined risk........ It may be

that these risks had not yet been documented or accepted as a

fact in the medical profession. Nonetheless, under the doctrine

of informed consent, these risks should have been disclosed.

Medical knowledge should not be limited to what is generally

accepted by the profession......”.[2, Kindley]

 

Example of an abortion risk that a judge may consider POTENTIAL

 

    Consider the following legal claim that can be made in a

plaintiff’s statement of claims:

    “Dr. John Doe performed a vacuum aspiration abortion on

    me (then a mother of one child born full-term), bringing

    my second pregnancy to an end in my first trimester.

    This induced abortion thus increased my breast cancer risk,

    but the consent form I signed had no warning about raised

    breast cancer risk.”

This specific breast cancer risk is obviously different than the

previously discussed situation of an induced abortion performed

on a CHILDLESS woman. Meta-Analysis medical studies

provide very strong evidence, pro or con, about a suspected

adverse medical risk. There are SIX (6) meta-analysis finding

that induced abortions significantly raise breast cancer odds.

[3-8] Despite this very strong evidence the defendant may

persuade the court that this specific ABC (Abortion-Breast-

Cancer) risk has not been conclusively demonstrated. However,

before an honest and competent court, demonstrating that this

ABC risk is not even a POTENTIAL adverse risk verges on the

impossible. The woman plaintiff’s lawyer should consider

emphasizing that for ELECTIVE medical treatments, even

remote adverse risks should be disclosed in advance of treatment,

in addition to emphasizing that POTENTIAL risks should

also be disclosed in advance of medical treatment.

 

Selecting your lawyer

 

    No one will assert that Brent Rooney (MSc) has expertise

in selecting well qualified lawyers for medical negligence

law suits. Despite that I suggest that before hiring a specific

lawyer, you ask people you rate as trustworthy how they

rate the INTEGRITY of the lawyer you are inclined to hire.

Also ascertain whether a potential lawyer hire is ‘pro-choice’

on abortion. It is a possible that if a lawyer is very ‘pro-choice’,

he/she may not represent your abortion negligence case with

full vigor.

 

Published studies supporting abortion adverse risks

 

    In 2013 the deVeber Institute (Toronto) published edition 1

of the book COMPLICATIONS, with lead author Dr. Angela

Lanfranchi, a highly regarded breast cancer surgeon. Complications

provides clear and compelling documentation supporting the

highest impact IA risks. If you pursue an abortion negligence

law suit, your lawyer should have a copy of COMPLICATIONS.

Edition 2 of COMPLICATIONS: Oder form for COMPLICATIONS:

https://www.deveber.org/wp-content/uploads/2017/10/Complications-Order-Form.pdf

; if you order COMPLICATIONS via AMAZON,

make sure you get the most recent edition (edition 2), which will

have 2018 as the publication year ]

An Example of an Actual IA Consent Form

    In Appendix B is the text from an actual IA consent form.

After you have read all chapters of the Top-Sue website, examine

the Appendix B consent form and see if (without peeking at the

answers below it) you can identify at least 3 important adverse risks

omitted from that consent form.

 

In Conclusion: An Exact Repeat of the Summary at the Beginning

                        of this Chapter:

 

    When considering a possible medical negligence law suit you

can make better informed decisions by obtaining a copy of your

signed consent form, a copy of which you are legally entitled to

have. If any of the following increased adverse risks were not listed

on the consent form you signed, you can make a legal claim for each

omitted risk: breast cancer, future premature delivery of a baby,

future miscarriage, reproductive tract infections, suicide, mental

problems, future victim of homicide, and substance abuse. In the

U.S. not only must advance warnings be provided for well accepted

adverse risks of a medical treatment, but also for potential adverse

risks. The deVeber Institute book COMPLICATIONS provides

published study documentation to support many induced abortion

adverse side-effects. (The total number of adverse induced abortion

risks is over twenty (20), so many claims of omitted risks on consent

forms can be made, above & beyond those listed in the second

sentence of this summary).

__________________________________________

Chapter 2 address: http://www.top-sue.org/chapter-2

 

Brent Rooney (MSc)

Research Director, Reduce Preterm Risk Coalition

3456 Dunbar St. (Suite 146)

Vancouver, Canada V6S 2C2

 

Appendix A: Plain copy of form letter to present to an abortion

clinic requesting a copy of your signed consent form

 

 

Date: ____________________ 20___

 

Hello Staff of ______________________________________,

 

Before undergoing an induced abortion at your facility I

signed a consent form in 20____. A patient is legally entitled

to get copies of all her/his medical records, including signed

consent forms. Please give to me today a photocopy of

the consent form that I signed for an abortion procedure at

your clinic. If, for any reason, my consent form can not be

located today, I will accept a copy of your standard consent

form for the same induced abortion procedure that I underwent

at your facility.

 

Many thanks for your help.

 

Cordially,

 

_____________________ (___________________________)

 

______________________________

 

_______________________________

 

_______________________________

 

Witness: _______________________

 

( ___________________________ )

 

___________________________________________________

[End of Sample Request Letter]


Appendix B: Copy of text from an actual consent form

Interior Health   Women’s Service Clinic

                      Consent For Abortion By

                      Dilation, Suction And Curettage

_________________________________________________________________

I understand that the purpose of this procedure is to terminate my pregnancy.

No surgical procedure is without risk of complications and suction abortion is no

exception. I understand that complications of the procedure, while extremely rare,

may occur in spite of the best intentions and skill of the staff of Women’s Services

Clinic.

Complications which most commonly occur are at follows:

                  Excessive bleeding

                  Infection

                  Laceration of the cervix

                  Perforation of the uterus and intestines

                  Continuation of pregnancy

                  Incomplete emptying of the uterus

                  Reaction to medications or anesthetic

These complications could cause the need to repeat the procedure, hospitalization,

further surgical procedures, hysterectomy, sterility or the need for blood

transfusions.


I have been informed that tests for gonorrhea and chlamydia will be done, as a

routine part of the pre-abortion procedure. Should any positive results be obtained,

I will be contacted.


I understand that I may not operate a motor vehicle or other motorized equipment

for twenty-four (24) hours following my abortion procedure.


 I certify that I have read or have had read to me, the contents of this form. I

understand the risks involved in this procedure. I have made my decision to go

ahead with the abortion procedure after having considered all these possibilities

and give my permission for


Dr. __________     L. Paul to perform this procedure on me.

Date: _____________________

Patient’s Signature _____________________ Print ______________________

Doctor’s Signature _____________________ Print ______________________

Witness to signature process __________________________________________

Print _____________________________________________________________

_________________________________________________________________

DECLARATION BY INTERPRETER _________________________________

                                                                                  Printed name of interpreter

This document was interpreted by me to the patient who acknowledged my

presence that he/she understood the explanation and consented to the treatment

described above.

_____________________________ Date _____________ Time ______________

      Signature of interpreter

__________________________________________________________________

[End of a sample induced abortion consent form]

    

Missing warnings from this sample consent form

    To fully analyze the above consent form would take thousands

of words. If you have read all chapters of Top-Sue, you should

be able to identify at least five (5) omissions. Here is short list

of warnings that should have been listed on the above consent form

but were omitted:

raised breast cancer risk

higher future risk of a premature delivery of a baby

elevated risk of suicide

higher risk of death by accident (e.g. car crash death)

raised risk of being a victim of homicide

never having a child (since, for childless women this could

    their LAST pregnancy)

boosted risk of uterine adhesions

that the admitted higher risk of lacerated cervix means higher risk that

    a future pregnancy will result in the birth of a baby later diagnosed

    with CEREBRAL PALSY.

that a completed pregnancy is a safer overall option than a vacuum

    aspiration for the woman.

____________________________________________________________

 

References

 

1 Trichopoulos D, Hsien D-C, MacMahon B, Lin T-M, Lowe RC,

et al. Age at any birth and breast cancer risk. Intl J Cancer

1983;31:701-704 [ Abstract: http://onlinelibrary.wiley.com/doi/10.1002/ijc.2910310604/abstract ]

 

 

2 Kindley J. The Fit Between The Elements For An Informed

Consent Cause Of Action And The Scientific Evidence Linking

Induced Abortion With Breast Cancer Risk. Wisconsin Law Rev 1998;1998:1595-1644 [ URL:

http://www.kindleylaw.com/?page_id=10 ]

 

3 Brind J, Condly SJ, Lanfranchi A, Rooney B. Induced Abortion as

an Independent Risk Factor for Breast Cancer: A Systematic Review

and Meta-analysis of Studies of South Asian Women. Issues in Law

and Medicine Spring 2018

https://www.bcpinstitute.org/uploads/1/1/5/1/115111905/brind_final_corrected_proof__021118.pdf

 

4 Brind J, Chinchilli M, Severs WB, Summy-Long J.

Induced abortion as an independent risk factor for breast

cancer: a comprehensive review and meta-analysis. Journal

Epidemiology Community Health 1996;50:481-496

http://jech.bmj.com/content/50/5/481.full.pdf

 

5 Nan-yan Xiong, Ji-hong Zhou, Xiao-bin Zhou, Jian-Zhang, et al.

Relationship between abortion and breast cancer on the basis

of Meta-analysis. 2009 International Conference on Future

BioMedical Information Engineering (FBIE): pages 210-212;

Print ISBN 978-1-4244-4690-2 [ O.R. 2.04 (1.50-2.76) ]

http://ieeexplore.ieee.org/xpl/login.jsp?tp=&arnumber=5405887&url=http%3A%2F%2Fieeexplore.ieee.org%2Fxpls%2Fabs_all.jsp%3Farnumber%3D5405887

6 Tao P, Hu YY, Huang Y, Li JY. Risk factors of breast cancer in

Asian women: a meta-analysis. Europe PMC 2011;32(2):164-169

[ > 2 prior induced abortions: O.R. = 3.00 (1.68-5.36) ; URL:

http://europepmc.org/abstract/MED/21518627

 

7 LI Ni-no, CHEN Lei, LI Zheng, et al. Meta-analysis on relationship

between induced abortion and breast cancer. Journal Practical

Oncology 2012-04 [ URL

http://en.cnki.com.cn/Article_en/CJFDTOTAL-SYZZ201204026.htm ]

 

8 Yubei Huang meta-analysis (China)

Huang Y, Zhang X, Li W, et al. A meta-analysis of the association

between induced abortion and breast cancer risk among Chinese

females. Cancer Causes & Control 24 November 2013

http://www.ministryoftruth.me.uk/wp-content/uploads/2013/12/Huang-2013.pdf

[ Abstract URL:

http://www.ncbi.nlm.nih.gov/pubmed?term=%28%28meta-analysis[Title]%29%20AND%20abortion[Title]%29%20AND%20Chinese[Title] ]

9 Lanfranchi L. Complications

https://www.amazon.com/Complications-Abortions-Impact-Angela-Lanfranchi/dp/0920453368/ref=sr_1_4?s=b...