Limits of Human Viability in the United States: A Medicolegal Review

  title={Limits of Human Viability in the United States: A Medicolegal Review},
  author={B. Arzuaga and Ben H. Lee},
  pages={1047 - 1052}
Throughout American history, medical and legal definitions of human viability have evolved on interrelated but slightly different trajectories. In the early 19th century, although common law did not consider abortion to be a criminal offense, it was discouraged after the onset of quickening, which connected the initial delineation of viability to the sensation of fetal movement within the womb. When post–Civil War physicians campaigned to outlaw abortion, it was transformed into a criminal act… Expand
National variability in neonatal resuscitation practices at the limit of viability.
OBJECTIVE Delivery room management of extremely premature infants is not subjected to professional regulations. In the United States, legal definitions of human viability and statutes regulatingExpand
Gestational Age in Periviable Newborns: An Insufficient Criterion for Deciding Intervention
429 Abstract. When the delivery of a baby at the edge of viability (twenty-two to twenty-five weeks) is imminent, gestational age is usually the primary indicator for resuscitation. However, fourExpand
Neonatal End-of-Life Care: A Single-Center NICU Experience in Israel Over a Decade
Even among religious families of extremely sick neonates, redirection of care is a feasible treatment option, suggesting that apart from survival, quality-of-life considerations emerge as an important factor in the decision-making process for the infant, parents, and caregivers. Expand
Theorizing Time in Abortion Law and Human Rights
  • J. Erdman
  • Political Science, Medicine
  • Health and human rights
  • 2017
The article concludes that collective faith and trust should be placed in the moral judgment of those most affected by the passage of time in pregnancy and by later abortion—pregnant women. Expand
Two-Year Neurodevelopmental Outcome of an Infant Born at 21 Weeks’ 4 Days’ Gestation
The unimpaired 2-year outcome of a female infant resuscitated after delivery at 21 weeks’ 4 days’ gestation and 410 g birth weight is reported, which may be the most premature known survivor to date. Expand
Fetal Pain: The Science Behind Why It Is the Medical Standard of Care
An overview of relevant publications is provided that explain the clinical evolution that has led to the treatment of neonatal pain and three arguments against the existence of fetal pain are examined. Expand
Maternal Abortifacient use for Clandestine Abortion
Abortion is a highly debated topic. In the United States and other developed countries, the vast majority of abortions performed are done in a clinical setting or under the supervision of clinicalExpand
Survival and Major Morbidity of Extremely Preterm Infants: A Population-Based Study
In a population-based study of extreme prematurity, infants ≤24 weeks’ gestation are at highest risk of death or major morbidity, and these data can help inform recommendations and decision-making for extremely preterm births. Expand
Abortion law reform in Europe: The 2018 Belgian and Irish Acts on termination of pregnancy
Two European countries, Belgium and Ireland, have recently reformed their abortion laws. Through a comparative approach, this article analyses the 2018 Abortion Acts and pinpoints the commonExpand
Initial Metabolic Profiles Are Associated with 7-Day Survival among Infants Born at 22-25 Weeks of Gestation
Use of metabolomics significantly strengthens the association with 7‐day survival in infants born extremely premature and Physicians may be able to use metabolic profiles at birth to refine mortality risks and inform postnatal counseling for infants born at <26 weeks of gestation. Expand


Baby Doe Redux? The Department of Health and Human Services and the Born-Alive Infants Protection Act of 2002: A Cautionary Note on Normative Neonatal Practice
The Born-Alive Infants Protection Act (BAIPA), passed by Congress in 2002, has attracted little publicity. Its purposes were, in part, “to repudiate the flawed notion that a child’s entitlement toExpand
Resuscitation in the “Gray Zone” of Viability: Determining Physician Preferences and Predicting Infant Outcomes
The “gray zone” for delivery room resuscitation seems to be between 500 and 600 g and 23 and 24 weeks, for infants born in that zone, neonatologists' reliance on accurate prediction of death or morbidity in the delivery room may be misplaced. Expand
The limit of viability--neonatal outcome of infants born at 22 to 25 weeks' gestation.
It is believed that aggressive resuscitation of infants born at 25 weeks' gestation is indicated, but not of those born at 22 weeks, and the considerable mortality and morbidity of the majority is a question that should be discussed by parents, health care providers, and society. Expand
The Respiratory Distress Syndrome of the Newborn: Immaturity Versus Prematurity
  • P. Dunn
  • Medicine
  • Archives of disease in childhood
  • 1965
A study has been made of the relative importance of birth weight and length of gestation on the incidence of RDS and its mortality and the importance of maternal and foetal factors is well recognized. Expand
Webster v. Reproductive Health Services: devaluing the right to choose.
  • G. Binion
  • Sociology, Medicine
  • Women & politics
  • 1991
The constitutional significance of Webster v. Reproductive Health Services suggests a reconceptualizing of fundamental rights questions wherein state action jurisprudence has been turned upside down and compelling state interest analysis has been eschewed. Expand
Neonatal Ethics at the Limits of Viability
Changes in use of analgesics for acute abdominal pain should be considered, particularly in a school-aged population, with narcotic dosing strategies similar to those reported by Green and colleagues, but there are several issues that will need to be addressed before this becomes a standard of care. Expand
Post-Viability Abortion Bans and the Limits of the Health Exception
From Roe v. Wade in 1973 to Planned Parenthood v. Casey in 1992 to Stenberg u. Carhart in 2000 the Supreme Court has consistently held that the states have more power to regulate abortions subsequentExpand
Webster v. Reproductive Health Services.
  • M. Braude
  • Medicine
  • West's Supreme Court reporter
  • 1989
The U.S. Supreme Court reversed on appeal a 1988 U.S. Court of Appeals ruling striking down several provisions of Missouri's abortion statute on the grounds that they violated the Supreme Court'sExpand
Proactive management promotes outcome in extremely preterm infants: a population-based comparison of two perinatal management strategies.
In infants with a gestational age of 22 to 25 weeks, a proactive perinatal strategy increases the number of live births and improves the infant's postnatal condition and survival without evidence of increasing morbidity in survivors up to 1 year of age. Expand
Follow-up of infants 501 to 1,500 gm birth weight delivered to residents of a geographically defined region with perinatal intensive care facilities.
Data is presented on all 294 live births 501 to 1,500 gm birth weight born to residents in the Hamilton-Wentworth region during 1973-78 to minimize the selection bias inherent in reporting the outcome of premature infants from a particular neonatal intensive care unit. Expand