By J. K. Mason
Mason appears on the criminal reaction to these elements of the afflicted being pregnant which require or contain medico-legal intervention. The undesirable being pregnant is taken into account really within the gentle of the Abortion Act 1967, s.1(1)(d) and the comparable motion for so-called wrongful delivery as a result of defective ante-natal care. The unforeseen or uncovenanted beginning of a fit baby caused by failed sterilisation is approached via an research of the seminal case of McFarlane and linked instances related to incapacity in both the neonate or the mummy. The disabled neonate's correct to sue for its lowered lifestyles is mentioned and the criminal method of the administration of critical congenital affliction is analysed - therefore following Baroness Hale in believing that care of the child is a vital part of being pregnant. elements are thought of from ancient and comparative views, together with insurance of expertise within the united states, the Commonwealth and Europe.
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Extra resources for The Troubled Pregnancy: Legal Wrongs and Rights in Reproduction
Their more detailed application will, hopefully, become clear in the following chapters. The duty of care Normally, there would be little to say under this heading in the context of medical practice. A woman (or a man) requires medical help; she seeks this from a registered medical practitioner;25 the practitioner, by agreeing to see her in that capacity, assumes a duty of care. On the face of things, that settles the matter. However, the situation is surprisingly unclear in the case of the pregnant woman where the question arises as to whether the practitioner owes a coincident duty of care to the fetus.
Perry, Under God? (Cambridge: Cambridge University Press, 2003), p. 99. I am much indebted to chapter 6 – ‘Religion, Politics and Abortion’ – in this relatively recent book. Though, in all fairness it has to be said that the justification for this is based on no more than that the being is human. g. Peter Singer, Rethinking Life and Death (New York, St. Martin’s Press, 1995). Perry, n. 33 above, at 102. See, for example, Stanley Rudman, Concepts of Person and Christian Ethics (Cambridge: Cambridge University Press, 1997).
Johnson is that it was argued from the other side that actions for wrongful birth were barred in Indiana. I admit to having chosen to quote Bader for the additional reason that it is the only case I know that refers to ‘the troubled pregnancy’ (at 1219). The largely theoretical possibility of an action against the parents is discussed at p. 195 below. It will be seen that there is very little conceptual difference between actions for wrongful birth and those for wrongful life. The important practical difference is that the former is bought by the parents and the latter by the disabled child.