The Troubled Pregnancy: Legal Wrongs and Rights in Reproduction (Cambridge Law, Medicine and Ethics)
Cambridge University Press, 7/12/2007
EAN 9780521616249, ISBN10: 0521616247
Paperback, 346 pages, 22.8 x 15.2 x 2.2 cm
Language: English
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.
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.
'... this book is a cogent and insightful analysis of the 'troubled pregnancy'. As one would expect, it is written and is a pleasure to read. it should appeal to a variety of readers including lawyers, ethicists and healthcare professionals. it should also appeal to both students and qualified academics. ... I would strongly recommend this book to anyone interested in the legal regulation of the management of the 'troubled pregnancy'.' Script-ed