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This book deals with the following important legal questions related to childbirth. When a woman is pregnant, does the law have any part to play in protecting the fetus from harm? Should it intervene, for example, if she is taking illegal drugs or has, at the time of delivery, declined to accept medical advice? And how does—-and should—-the law respond when something goes wrong and the baby is born injured or disabled? Do damages claims provide outcomes, which are fair to the woman, her child, and the doctors, and midwives who have cared for them?
Contents:
1 Introduction
PART I: The Current Law
2 Legal Intervention when a Fetus 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