The Troubled Pregnancy Legal Wrongs and Rights in Reproduction 1st Edition by Mason ISBN 978-0511420030 0511420030
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Product details:
ISBN 10: 0511420030
ISBN 13: 978-0511420030
Author: J. K. Mason
Mason looks at the legal response to those aspects of the troubled pregnancy which require or involve medico-legal intervention. The unwanted pregnancy is considered particularly in the light of the Abortion Act 1967, s.1(1)(d) and the related action for so-called wrongful birth due to faulty ante-natal care. The unexpected or uncovenanted birth of a healthy child resulting from failed sterilisation is approached through an analysis of the seminal case of McFarlane and associated cases involving disability in either the neonate or the mother. The disabled neonate’s right to sue for its diminished life is discussed and the legal approach to the management of severe congenital disease is analysed – thus following Baroness Hale in believing that care of the newborn is an integral part of pregnancy. Aspects are considered from historical and comparative perspectives, including coverage of experience in the USA, the Commonwealth and Europe.
Table of contents:
1 The nature of the troubled pregnancy
Introduction
An overview of medical negligence
2 Voluntary and involuntary termination of pregnancy
Introduction
The fetal persona
Maternal status
The Abortion Act 1967
Prevention and reversal of implantation
Negligence and abortion
Involuntary termination of pregnancy
Conclusion
3 Antenatal care and the action for wrongful birth
Introduction
Late termination of pregnancy
Antenatal care and fetal abnormality
The principles of antenatal care
The development of the wrongful birth action
Recompense for wrongful birth in the United Kingdom
Conclusions
4 Unsuccessful sterilisation
Introduction
Negligent sterilisation
Liability and wrongful pregnancy
The case of Mr and Mrs McFarlane
Wrongful pregnancy in Australia
Lessons from a legal ‘test match’
McFarlane under fire
A connecting case
5 Uncovenanted pregnancy and disability
Introduction
The disabled neonate
The disabled mother
The proximity test
6 Wrongful neonatal life
Introduction
The wrongful life action in history
The perspective in the United Kingdom and the Commonwealth
Wrongful life in Europe
Conclusion
7 The management of the disabled neonate
Introduction
Principles of management of severe congenital disease
The British cases
Professional guidelines
Neonatal euthanasia
8 Conclusion
Patterns and anomalies
Conflicts of values
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Tags: Mason, The Troubled Pregnancy, Legal Wrongs, Rights in Reproduction