Childbirth and the Law

Overview


Childbirth and the Law examines aspects of English, United States, Canadian, and Australian law as it applies to the fetus, the pregnant woman, and the doctor or midwife who provides antenatal and perinatal care. A major part of the book consists of a critical examination of the law's attempts to protect the fetus, which is threatened by conduct such as a criminal assault, maternal drug-taking or parental refusal of medical treatment. The remainder of the work deals with the rapidly expanding and increasingly ...
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Overview


Childbirth and the Law examines aspects of English, United States, Canadian, and Australian law as it applies to the fetus, the pregnant woman, and the doctor or midwife who provides antenatal and perinatal care. A major part of the book consists of a critical examination of the law's attempts to protect the fetus, which is threatened by conduct such as a criminal assault, maternal drug-taking or parental refusal of medical treatment. The remainder of the work deals with the rapidly expanding and increasingly complex body of law on the liability of obstetricians, general practitioners, and midwives when negligent antenatal or perinatal care has been provided.
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Product Details

  • ISBN-13: 9780198264682
  • Publisher: Oxford University Press, USA
  • Publication date: 7/28/2000
  • Pages: 424
  • Product dimensions: 6.00 (w) x 9.00 (h) x 1.20 (d)

Meet the Author

Australian National University, Canberra
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Table of Contents

1. Introduction
PART I: The Current Law
2. Legal Intervention when a Foetus is Threatened or Harmed
3. Elements of a Negligence Action in Obstetrics and Midwifery
4. Negligent Treatment in Obstetrics and Midwifery
5. Negligent Failure to Provide Appropriate Information in Obstetrics and Midwifery
6. Other Actions in Obstetrics and Midwifery
7. The Assessment of Damages
PART II: Assessing the Impact of the Law
8. The Legal Status of the Foetus
9. A Question of Autonomy?
10. Applying the Law of Negligence
11. After Birth: Maternal Liability for Antenatal Conduct?
12. The Duty of Care in Obstetrics and Midwifery
13. The Reality of Negligence Actions and the Need for Reform
14. Conclusion: The Role of the Law
Glossary of Medical Terms
Glossary of Legal Terms

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