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Federal appeals court upholds South Dakota’s informed consent law

July 27, 2012

In a 7-4 decision, the 8th Circuit Court of Appeals has upheld a South Dakota law requiring that women considering an abortion be told about the “increased risk of suicide ideation and suicide.”

“Despite the extensive evidence in the record of an ‘increased risk’ of suicide, Planned Parenthood contends that disclosure of the increased risk would be misleading and irrelevant to a patient seeking an abortion, because some authorities have indicated that there is no direct causal link,” Judge Raymond Gruender noted in his majority opinion.

“The suicide advisory is non-misleading and relevant to the patient’s decision to have an abortion,” he continued. “It is a typical medical practice to inform patients of statistically significant risks that have been associated with a procedure through medical research, even if causation has not been proved definitively.”


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  • Posted by: lauriem5377 - Jul. 28, 2012 8:32 PM ET USA

    It is so important for women to have full information when considering ending the life of their unborn child. This is a decision, once implemented, which has no reversal. It is permanent and final. It is appalling that those benefitting financially from these provedures are not required to disclose important information regarding adverse effects and outcomes as is done with all other medical interventions. We need to keep fighting everywhere for laws to protect women and their children.

  • Posted by: AgnesDay - Jul. 28, 2012 12:10 PM ET USA

    When I required a hysterectomy because of what turned out to be cancer, my surgeon sat me down and read me the entire list of possible bad outcomes. He saved my life, but not without scaring me half to death in the process. Having no real alternative, I opted for the surgery. The women (and their men) faced with this kind of "choice" might opt for something besides abortion if they were aware of the side effects.