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The Troubled Pregnancy

The Troubled Pregnancy: Legal Wrongs and Rights in Reproduction

The Troubled Pregnancy Legal Wrongs and Rights in Reproduction

Author: J.K. Mason
Publisher: Cambridge University Press
ISBN: 9780521616249
Published In: June 2007
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

Provides a wide-ranging analysis of the legal reaction to management of undesired children born as a result of medical negligence
Aspects are considered from historical and comparative perspectives
Considers the legal regulation of the treatment of the disabled fetus or newborn child

Contents:: 1. The nature of the troubled pregnancy; 2. Voluntary and involuntary termination of pregnancy; 3. Ante-natal care and the action for wrongful birth; 4. Unsuccessful sterilisation; 5. Uncovenanted pregnancy and disability; 6. Wrongful neonatal life; 7. The management of the disabled neonate; 8. Conclusion.

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