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The Troubled Pregnancy
Legal Wrongs and Rights in Reproduction

$60.00 (C)

Part of Cambridge Law, Medicine and Ethics

  • Date Published: July 2007
  • availability: In stock
  • format: Paperback
  • isbn: 9780521616249

$ 60.00 (C)
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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
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    Reviews & endorsements

    "The author looks at the legal response to those aspects of troubled pregnancy that require or involve medico-legal intervention....Aspects are considered from historical and comparative perspectives, including coverage of experience in the United States, the Commonwealth, and Europe."
    --J.K. Mason, M.D., LL.D., University of Edinburgh, Issues in Law and Medicine, Vol. 24, No.2

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    Product details

    • Date Published: July 2007
    • format: Paperback
    • isbn: 9780521616249
    • length: 346 pages
    • dimensions: 229 x 153 x 22 mm
    • weight: 0.57kg
    • availability: In stock
  • Table of 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.

  • Author

    J. K. Mason, University of Edinburgh
    Professor J. K. Mason is an Honorary Fellow at the School of Law, University of Edinburgh.

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