A big problem that is becoming of lawsuits is Wrongful Birth Cases. Wrongful birth by legal definition is a term to describe medical malpractice. A claim that the child would not have been born if medical malpractice did not occur (Knudsen, 2011). The legal definition of medical malpractice is also known as medical negligence, this is a professional negligence by act or omission by a health care provider which the treatment provided falls below the accepted standards of practice in the medical community and causes injury or death to the patient (Dictionary.com). In most cases, this is medical error. There is now 28 states that recognized wrongful birth claims. There is also 12 states that prohibit wrongful birth claims, including, Idaho, Utah, South Dakota, Minnesota, Oklahoma, Arkansas, Missouri, Kentucky, Michigan, Pennsylvania, North Carolina, and Georgia (Knudsen, 2011). A question that is always looked at is, What is the value of life to a parent? Does every child that is not “normal” not deserve a chance to live?
There are three types of wrongful birth cases (Knudsen, 2011). Firstly, the failure of a sterilization procedure. Secondly, the failure caused by the care provider to inform the parents-to-be of any birth defects or abnormal in their unborn child. Thirdly, the failure of an abortion attempt (Knudsen, 2011). When a plaintiff is making a wrongful birth lawsuit against someone the plaintiff must prove to the court that the health care provider was negligent and should be held responsible for their actions (Knudsen, 2011). The plaintiff must show that the health care provider owed a duty to the plaintiff, the duty was breached, and the plaintiff suffered damages as a result of the breach. Another important key inform...
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... child, but that is not always the case. When it comes to the health of the baby, whose at fault? Is the parents the ones that caused the health problem, or is it the doctors fault for not taking the extra measures to insure the safety of the child. When the health and the safety of the child is involved everyone wants to blame everyone, but who is really at fault? Do doctors have the right to disclose information from their patients? Doctors have a duty to give the information to their patients whether it is good or bad. Doctors should not have the right to withhold information from any of their patients. A doctor should have to tell their patients all the information they know specially when it comes to their unborn child. The health and the information about their child should be told to the parents so they can make the decision that they feel would be best.
Melanson, Glen. “How the Contractualist Account of Preconception Negligence Undermines Prenatal Reproductive Autonomy.” Journal of Medicine and Philosophy 38.4 (Aug. 2013): 420-425. Health Reference Center Academic. Web. 09 Feb. 2014.
Caplan, A., & Arp, R. (2014). The deliberately induced abortion of a human pregnancy is not justifiable. Contemporary debates in bioethics (pp. 122). Oxford, West Sussex: Wiley.
Based on them, we can definitely eliminate options (c) and (d). Option (c) is against the principle of veracity and informed consent because the doctor was lying and hiding the information about the patient’s health that the patient was supposed to know. Option (d) is morally incorrect because the patient is lied to and the surgeon is not penalized. Option (b) does abide by the principle of veracity, but is against rationality because it sets negative example for the community that the doctors can be forgiven for their mistakes. Moreover, it does not abide by stewardship because the surgeon is taking advantage of being a doctor to conceal the truth. Consequently, the morally correct decision would be the option (a) because it abides by the principles of veracity and informed consent as the responsibility of disclosing the truth to the patient is fulfilled. Moreover, considering the rationality and stewardship, it will set an example for all the doctors that incomplete disclosure of information to the patient is unacceptable and the doctors should not take advantage of their importance in the
Competent adults have the legal right to make decisions about their own health care without being challenged by a physician. However, in some instances, those same competent adults cannot make medical decisions for their children without the courts stepping in and overriding the parents’ legal rights. One of the most challenging and complicated task as a parent is to make a medical decision about their child that could mean life or death (The Canadian Bar Association, 2012).
As physicians’, they should have secured an adequate level of care for the child. Melissa Rowland has a diagnoses of ODD, in which the symptoms and causations are quite clear in her case. As my own moral compass, raising a child with nothing but respect, grace and love is vital. On both physicians’ and government officials’ hands, they two failed to observe the consequences and neglect twin B would receive. Melissa received no options, as they held her strictly accountable of her actions. Her patient autonomy was eventually disrespected after three hospital visits. However, for all the right reasons because the children she produced were suffering internally. In my own views, it is ultimately wrong to force another individual, unborn or born, to face crucial circumstances due to selfishness. Melissa demonstrated pure selfishness through her history of mothering, lack of concern for her well being and others, and her criminal record. Though, she had the right to refuse care but eventually sought treatment, all in all her freedom was somewhat granted back to her. Melissa does indeed have a right to privacy, and the right to refuse care. Despite that, the well-being of another human being was placed into the hands of an individual who expressed no regards for justice, equality, and
Our culture has a stringent belief that creating new life if a beautiful process which should be cherished. Most often, the birth process is without complications and the results are a healthy active child. In retrospect, many individuals feel that there are circumstances that make it morally wrong to bring a child into the world. This is most often the case when reproduction results in the existence of another human being with a considerably reduced chance at a quality life. To delve even further into the topic, there are individuals that feel they have been morally wronged by the conception in itself. Wrongful conception is a topic of debate among many who question the ethical principles involved with the sanctity of human life. This paper will analyze the ethical dilemmas of human dignity, compassion, non-malfeasance, and social justice, as well the legal issues associated with wrongful conception.
...or equitable treatment in some regions and cultures. Another convoluting factor for legislature involves pregnancy. Fetal rights are still undefined, and must be considered in direct relation to the rights of the parents, particularly the mother’s health rights.
In conclusion, doctors have a moral obligation to tell patients the truth about their illnesses, unless the patient clearly states that he or she does not want to know. Medicine is a field that works to treat the patient. This means that physicians are there for guidance, using expertise and years of education to guide them to a cure. This does not mean that a physician should make decisions about the patients without proper consent. Believing that patients will misunderstand the diagnosis, or assuming that they won’t want to know are not valid reasons for keeping information from the person. Communication is important in a medical setting, and is especially important when talking about the health of an individual. With relevant, appropriate and humanistic communication, telling a patient their diagnosis can and should be done in a caring way.
Meyers, Christopher, & Woods, Robert D. (1996). An obligation to provide abortion services: what happens when physicians refuse? Journal of Medical
Doctors, like every other person, are human beings and thus they can make mistakes just like everyone else. However, when a doctor makes a mistake, it is much more serious than a fast food employee messing up your order. Doctors must follow a set of ethical guidelines in order to minimise the amount of mistakes they make. In a perfect world everyone follows the
Some fetuses are proven to have a genetic abnormality. There are many cases where the fetus is said to be born with unhealthy; down syndrome, cancer, disability, and many other uncommon cases. “An ultrasound report suggests about the physical development of the fetus. During the early months of pregnancy, many things can go wrong as a new baby starts developing. The cells are multiplying at a very fast rate that can cause some complex interactions between newly formed body parts. Such interactions may cause serious defect to the child and may also invite complications in pregnancy.” There are other tests such as amniocentesis, which are performed between 14 – 20 weeks. This test detects a variety of chromosomal abnormalities and genetic disorders. Women and their husbands should have the right to be able to decide whether they are capable of raising their children with serious conditions or not. It could be very tough financially, emotionally, and physically. Financially speaking if the child is mentally or physically ill, the parents would have to make a certain budget plan since they need extra care. Disabled kids take more time to be potty trained, and some unfortunately aren’t able at all so that would result in a life time budget of diapers. Others may require physical, speech, and occupational therapy. Some families aren’t able to afford
People place their trust in their doctors and hospitals. They rarely expect that the anticipation of a brand new life will lead to serious complications due to a birth trauma. The fact that the trauma of birth is serious and might lead to medical complications or even the death of the new born baby. This is a very heart wrenching time and the family is upset and do not know what step to take. Well, the birth injury might be due to the negligence of the medical facility, doctor, or hospital staff. Therefore, it is important to seek the services of a birth injury lawyer to represent the family in court.
Abortion may appear ethical or unethical depending on various viewpoints and circumstances. The fetus is considered a person and bringing it to term may be unethical as the act is considered as murder. In some situations, the mother may require to terminate a pregnancy for her bodily autonomy (Johnston, 2003). In such positions, the resolution to terminate a pregnancy may be argued as the most ethical choice. The mother is also considered to having a reasonable level of ethical responsibility to the fetus, because she did not take enough precaution to ensure avoiding conception (Cline, 2014). The mother’s ethical responsibility to the fetus may not be enough to deprive her choice of abortion; it...
The writer discusses a situation of the doctor failing to disclose the nature of important medical condition which can jeopardize several of the patient’s family members and puts the doctor at odds with them. The problem is also discussed by Sutrop (2011) who show how protecting the patient’s confidentiality and self- decision capacity has actually caused severe hindrances to the field of scientific development and research.
Patients rely on their physicians and other doctors, patients think or do what the doctor was right. Family doctor broke the minor patient confidentiality, without their permission. Minor patient 's family secret is broken, the patient can choose to stay away treatment.addition medical patient told the doctor, it seems disgusting and disclose sensitive personal information, do not tell their parents, then the doctor should not be counted. Patient doctors in private life and we will not collect information on the condition they use. When a child with your doctor about these issues doctors should not do, when the time the child is in danger, it is to tell the child 's family. Doctors suspect family problems, children at risk, the authorities may be notified. Sometimes they show that abortion is the best for her, and notify the parents may be dangerous. The right to disclose information under the background to avoid disclosure or "special relationship" obtained. "Special relations, including between doctors and patients, lawyers and clients, priest and penitent or confiders, guardians and their communities" ( "Doctor patient confidentiality"). Communication between patient and doctor is very important, usually including a doctor and other professionals work. Sometimes you need counseling and medical advice and family relationship breakdown when a minor patient 's medical crisis. Once the doctor has a duty of confidentiality, they