The Troubled Pregnancy: Legal Wrongs and Rights in Reproduction
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.
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Voluntary and involuntary termination of pregnancy
Antenatal care and the action for wrongful birth
Uncovenanted pregnancy and disability
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abnormality Abortion Act 1967 abortion debate accepted action for wrongful antenatal apply argument assessment autonomy award baby best interests BMLR Bolam Bolam test born Cattanach causation Chapter circumstances claim concept congenital considered context costs Court of Appeal damages decision difficult disabled child discussed doctor Down’s syndrome duty duty of care euthanasia fact fetal fetus genetic Health Authority Health Board health carers healthy child House of Lords human ibid injury insofar involved Journal of Medical judge Justice liability LJ’s Lloyd’s Rep Lord Millett Lord Steyn majority Mason matter McFarlane Medical Ethics Medical Law Review medical treatment moral mother negligence NHS Trust normal opinion parents Parkinson patient person principle problem quoted reason recognised Rees rejected relevant result risk significant sterilisation suffering termination of pregnancy tort troubled pregnancy United Kingdom unwanted woman wrongful birth wrongful life action wrongful pregnancy Wyatt