Legislating Pain Capability: Sentience and the Abortion Debate

Dadlez, E. M.; Andrews, William L.

doi:10.1007/978-3-319-93907-0_50

Cited by 1 publication

(4 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…In the past decade, there has been a gradual shift in the literature concerning fetal pain, from disputing the existence of fetal pain to debating the significance of fetal pain ( Bellieni et al 2018 ; Cohen and Sayeed 2011 ; Dadlez and Andrews 2018 ; Kluge 2015 ; Watson 2012 ). As the medical evidence has shifted in acknowledging fetal pain perception prior to viability (generally defined as 22–24 weeks gestation), this knowledge has important implications for therapeutic fetal procedures, abortion, and feticide.…”

Section: The Significance Of Fetal Painmentioning

confidence: 99%

“…Abortion rights proponents also cite Roe in stating that the fetus is not a ‘person’ protected by the Fourteenth Amendment. Therefore, the ability to feel pain should not confer further consideration to the previable fetus ( Dadlez and Andrews 2018 ; Watson 2012 ).…”

Section: Ethical and Legal Considerationsmentioning

confidence: 99%

“…Some opponents of fetal pain laws acknowledge the conflict in recognizing the moral status of a pain-capable fetus and in upholding a woman’s autonomy ( Dadlez and Andrews 2018 ). They maintain that decisions regarding the fetus and pain management should be addressed and resolved within the patient–physician relationship ( Andaya and Campo-Engelstein 2021 ).…”

Section: Ethical and Legal Considerationsmentioning

confidence: 99%

“…They maintain that decisions regarding the fetus and pain management should be addressed and resolved within the patient–physician relationship ( Andaya and Campo-Engelstein 2021 ). Because unnecessary pain raises ethical concerns, it is noteworthy that abortion rights advocates will occasionally support procedures for rendering a pain-capable fetus insensate by the use of anesthesia prior to abortion ( Dadlez and Andrews 2018 ; Watson 2012 ). This would allow abortions to follow the same ethical guidelines used internationally to prevent cruelty to animals: “...abortion guidelines should be correspondingly restructured.…”

Section: Ethical and Legal Considerationsmentioning

confidence: 99%

See 3 more Smart Citations

Fetal Pain in the First Trimester

Thill

2021

Linacre Q

View full text Add to dashboard Cite

Fetal pain perception has important implications for fetal surgery, as well as for abortion. Current neuroscientific evidence indicates the possibility of fetal pain perception during the first trimester (<14 weeks gestation). Evidence for this conclusion is based on the following findings: (1) the neural pathways for pain perception via the cortical subplate are present as early as 12 weeks gestation, and via the thalamus as early as 7–8 weeks gestation; (2) the cortex is not necessary for pain to be experienced; (3) consciousness is mediated by subcortical structures, such as the thalamus and brainstem, which begin to develop during the first trimester; (4) the neurochemicals in utero do not cause fetal unconsciousness; and (5) the use of fetal analgesia suppresses the hormonal, physiologic, and behavioral responses to pain, avoiding the potential for both short- and long-term sequelae. As the medical evidence has shifted in acknowledging fetal pain perception prior to viability, there has been a gradual change in the fetal pain debate, from disputing the existence of fetal pain to debating the significance of fetal pain. The presence of fetal pain creates tension in the practice of medicine with respect to beneficence and nonmaleficence.

show abstract