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Georgetown Law
Journal
November, 2003
Westlaw ©2003 cite as 92 GEO L.J. 129 reprinted with permission
of the author
Note
*129 WHO DECIDES?
GENITAL-NORMALIZING SURGERY ON INTERSEXED INFANTS
Alyssa Connell Lareau [FNa1]
page 22
[FN129]. Id.
[FN130]. See Hermer, supra note 116, at 223 ("There undoubtedly
have been, and may still be, serious informed consent issues with
many intersex surgeries on infants. This is not, however, a basis
on which one can reasonably call for a moratorium on the surgeries,
particularly when one can take the less drastic step of offering
more complete information (e.g., indicating gaps in information,
such as those concerning long-term outcomes).").
[FN131]. See id. at 231-32, 235.
[FN132]. See Martin. supra note 112, at 168.
[FN133]. See Ford, supra note 113, at 487-88.
[FN134]. Id. at 488.
[FN135]. See, e.g., Emily Nussbaum, supra note 52, at 92 (quoting
a pediatric urologist).
[FN136]. See Anne Cote, Telling the Truth? Disclosure, Therapeutic
Privilege and Intersexuality in Children, 8 HEALTH L.J. 199, 202
(2000) (noting that physicians view "informed consent as risk
management" and "want the law to provide 'a clear and
predictable legal framework"'); Letter from Julie Greenberg
to Chai Feldblum, supra note 9 (quoting language of draft ABA resolution
that "physicians who practice in this area are also concerned
about being exposed to potential legal liability if they continue
their current practices" and that "although a majority
of physicians would support continuation of the current medical
practice of early surgical alteration, they likely would support
adoption of an informed consent form that would shield them from
potential liability").
END OF DOCUMENT
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