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View Full Version : Massachusetts - "Plea in abortion case nets probation, fine for woman"


grundle
02-03-06, 02:40 PM
I am against the government prosecuting this person for doing this.

http://www.masslive.com/hampfrank/republican/index.ssf?/base/news-3/1138870027104950.xml&coll=1

Plea in abortion case nets probation, fine for woman

Thursday, February 02, 2006

By BETSY CALVERT

GREENFIELD - Judge John Agostini yesterday sentenced a 50-year-old Wendell woman, Deva Skydancer, to two months of probation and a $500 fine after she pleaded guilty in connection with an abortion performed in 2004.

Skydancer, of 41 Farley Road, changed her plea to guilty to one count of practicing medicine without a license. The state dropped a charge of illegal procurement of an abortion.

Skydancer admitted in court, however, to performing a suction abortion, which she called menstrual extraction, on a 25-year-old Greenfield woman who was 10½ weeks pregnant at the time.

The woman later had to be hospitalized for a uterine infection caused by the procedure. The hospital reported the case to law enforcement.

Suction abortion involves inserting a surgical hose into the uterus and using a syringe for extraction of the fetus, Deputy First District Attorney Elizabeth Dunphy Farris said in Franklin Superior Court.

Farris said she could not comment on whether the patient had suffered any long-term injuries as a result of the procedure. She did say that the woman agreed to the procedure and was aware of the prosecution's sentencing recommendation.

The fact that Skydancer has no prior record, and that the woman had agreed to the procedure, is part of the decision for a relatively light sentencing recommendation from the district attorney's office, Farris said.

Defense lawyer David Hoose noted in arguing for the lighter sentence that infections such as the woman suffered also occur in doctor-performed abortions in more clinical settings.

The state's sentencing range for the charge of practicing medicine without a license is a $100 to $100,000 fine with a sentence of one month to one year. The sentence for performing an illegal abortion is up to seven years with a $2,000 fine.

In her probation, Skydancer is also ordered to pay $200 in restitution to the patient and not to perform menstrual extractions nor to train others or solicit others to do so. Farris said Skydancer has no medical licensing of which the state is aware. Hoose did not mention any in court, and would not comment further afterward.

Abortion rights advocates said they were shocked by the case when it was initially reported, because access to legal abortion is so much easier in Massachusetts than in other parts of the country.

Ranger
02-03-06, 02:51 PM
I don't know. If she wasn't a doctor at all then the punishment seems reasonable.

kms_md
02-03-06, 03:30 PM
where are the trial lawyers on this one? oh, that's right, skydancer does not have a $1M/$3M malpractice policy, nor does she perform her "menstrual extractions" in a licensed and insured healthcare facility.

Nazgul
02-03-06, 03:36 PM
I am against the government prosecuting this person for doing this.

Why?

Red Dog
02-03-06, 03:39 PM
Why?


I would assume because of this:

and that the woman had agreed to the procedure

uberjoe
02-03-06, 03:42 PM
If I agree to let my carpenter neighbor perform knee surgery on me, can't he still be prosecuted for practicing without a license?

Ranger
02-03-06, 03:42 PM
where are the trial lawyers on this one? oh, that's right, skydancer does not have a $1M/$3M malpractice policy, nor does she perform her "menstrual extractions" in a licensed and insured healthcare facility.
Yeah, I'd like to see more info on this woman. Does she have any medical background at all? I would think that if a doctor was practicing without a license, the state certainly would throw the book at him.

Red Dog
02-03-06, 03:44 PM
If I agree to let my carpenter neighbor perform knee surgery on me, can't he still be prosecuted for practicing without a license?


Sure. I don't think grundle is framing it as a can/can't question (because they obviously can), but rather as a should/shouldn't question.

classicman2
02-03-06, 03:48 PM
What if a doctor, practicing without a license, performed an invasive procedure - not abortion? I guess he wouldn't be prosecuted. ;)

We understand that abortion clinics are not required to meet standard medical requirements - but, come on!

uberjoe
02-03-06, 03:56 PM
Sure. I don't think grundle is framing it as a can/can't question (because they obviously can), but rather as a should/shouldn't question.

I agree. Which is why I believe it is a silly question. Whether an invasive (and legal) medical procedure is a "hot button" issue should not determine whether someone needs a license to perform it.

grundle
02-03-06, 09:56 PM
Why?
Because this is really just an attempt to start a slippery slope to outlaw abortion.

grundle
02-03-06, 09:57 PM
If I agree to let my carpenter neighbor perform knee surgery on me, can't he still be prosecuted for practicing without a license?

That depends.

Is it your right knee or your left knee?

MartinBlank
02-03-06, 10:12 PM
Abortion rights advocates said they were shocked by the case when it was initially reported, because access to legal abortion is so much easier in Massachusetts than in other parts of the country.

That was my first thought...does the woman charge $12 for the procedure?

Skydancer, of 41 Farley Road, changed her plea to guilty to one count of practicing medicine without a license. The state dropped a charge of illegal procurement of an abortion.

I'm assuming that this case has nothing to do with making abortion illegal. In theis day and age, it seems that the gov't oversees just about every aspect of society. She broke the law, plain and simple. If anything, gov't was probably more pissed at the fact that the woman was paying business fees.

Dead
02-04-06, 10:46 AM
Because this is really just an attempt to start a slippery slope to outlaw abortion.

So, if any person without a medical license were charged with a crime for performing any procedure, would you also oppose it becuase it's "is really just an attempt to start a slippery slope to outlaw _________"? ;)

bhk
02-04-06, 11:38 AM
The only reason that this is even in national news is that the procedure under question was an abortion. If it was any other procedure, it would be local news. Practicing medicine without a lisence is a crime.

kvrdave
02-04-06, 11:43 AM
Because this is really just an attempt to start a slippery slope to outlaw abortion.


rotfl

If I try to fix a cavity for you (I am not a dentist) and get in trouble with the law, is it a slippery slope to promote tooth decay?

That is the most warped logic I have ever heard. The case isn't even about abortion, it is about practicing medicine without a license.

rotfl

Ranger
02-04-06, 11:50 AM
The only reason that this is even in national news is that the procedure under question was an abortion. If it was any other procedure, it would be local news. Practicing medicine without a lisence is a crime.
Do you know what's the typical penalty for practicing w/o a license? Would it be harsher if you had no medical background? $500 fine and probation sounds pretty light.

Ranger
02-04-06, 11:52 AM
btw, i can see grundle's point about the evils of government regulations such as requiring a license to practice medicine and the patient consenting. But I think it's really a stretch to claim that this is a move to ban abortion.

movielib
02-04-06, 12:04 PM
btw, i can see grundle's point about the evils of government regulations such as requiring a license to practice medicine and the patient consenting. But I think it's really a stretch to claim that this is a move to ban abortion.
:up:

OldDude
02-05-06, 09:44 AM
rotfl

If I try to fix a cavity for you (I am not a dentist) and get in trouble with the law, is it a slippery slope to promote tooth decay?

That is the most warped logic I have ever heard. The case isn't even about abortion, it is about practicing medicine without a license.

rotfl

I think you nailed it.

grundle
02-05-06, 10:43 AM
So, if any person without a medical license were charged with a crime for performing any procedure, would you also oppose it becuase it's "is really just an attempt to start a slippery slope to outlaw _________"? ;)

I honestly don't know.

It just seems that in this particular case, it could be a threat to abortion rights.

grundle
02-05-06, 10:44 AM
rotfl

If I try to fix a cavity for you (I am not a dentist) and get in trouble with the law, is it a slippery slope to promote tooth decay?

That is the most warped logic I have ever heard. The case isn't even about abortion, it is about practicing medicine without a license.

rotfl

I've never had a cavity.

grundle
02-05-06, 10:46 AM
btw, i can see grundle's point about the evils of government regulations such as requiring a license to practice medicine and the patient consenting. But I think it's really a stretch to claim that this is a move to ban abortion.
You're probably right.

But it's still an interesting thing to think about.

CRM114
02-05-06, 10:55 AM
btw, i can see grundle's point about the evils of government regulations such as requiring a license to practice medicine and the patient consenting. But I think it's really a stretch to claim that this is a move to ban abortion.

Yeah. I think it does the opposite. It shows why abortion should be legal and performed by medical professionals.

This sort of crude activity will explode once the pro-lifers get their way.

kvrdave
02-06-06, 02:12 AM
Yeah. I think it does the opposite. It shows why abortion should be legal and performed by medical professionals.

This sort of crude activity will explode once the pro-lifers get their way.
I don't personally believe this, but I could see where some could argue that you might as well make it illegal if people are doing it illegally anyways.

And I think you are incorrect that abortion will ever be illegal in America. Maybe in Utah, but if anything it would become a state's decision and I don't think that is all bad. It would still be legal in my state. And actually, I don't think it will ever be illegal in any state.