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.
Explain the issue or dilemma using information from the readings in the book and other sources.
The birth of a child is usually a wonderful and priceless occasion. However, on June 5, 2015, an eleven-year-old girl gave birth to a newborn girl. Approximately a year before she gave birth, her 40-year-old father repeatedly sexually assaulted her. In this case, the unprepared eleven-year-old child decided to have the baby. This is a prime example that illustrates that the right to abortion should always be vested in the woman.
Medical malpractice lawsuits are an extremely serious topic and have affected numerous patients, doctors, and hospitals across the country. Medical malpractice is defined as “improper, unskilled or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional” (Medical malpractice, n.d.). If a doctor acts negligent and causes harm to a patient, malpractice lawsuits arise. Negligence is the concept of the liability concerning claims of medical malpractice, making this type of litigation part of tort law. Tort law provides that one person may litigate negligence to recover damages for personal injury. Negligence laws are designed to deter careless behavior and also to compensate victims for any negligence.
Wrongful conception is a claim that the conception of a child is due the negligence of medical professionals to prevent said conception through proper sterilization techniques and contraception. This claim is generally not related to the results of whether the child is born healthy or not, but more so, on the claim that had the doctor or pharmacist taken the correct measures to assist in the prevention of conception, the individual would not have gotten pregnant. “As with other types of injury cases, a couple can seek compensation for the cost of the failed procedure, pregnancy costs, pain and suffering, lost wages, and loss of consortium” (Steffen, 2011, http://www.seolawfirm.com/2011/12/wrongful-conception-concerns-raised-when-errors-occur-during-ivf-and-pgd-testing/).
Providers must act in the best interest of the patient and their basic obligation is to do no harm and work for the public’s wellbeing. A physician shall always keep in mind the obligation of preserving human life. Providers must communicate full, accurate and unbiased information so patients can make informed decisions about their health care. As a result of their recommendations, providers are responsible for generating costs in health care but do not generate the need for those expenses. Every hospital has both an ethical as well as a legal responsibility to provide care, even if the care may be uncompensated.
First of all, if the physician is talking with a middle-aged man about his state of health before talking with his family, the patient might result in depression, can regret or even feel the need to give up treatment. If the doctor is talking with an elderly patient about his or her condition, it is likely that the older patient will choose not to pursue the treatment because his or her life is lived and there is no purpose to agonize and hurt relatives in the process of treatment. A possible exception is if a doctor’s patient is a child. For a doctor, it is not necessarily important to be completely honest directly with the young patient without talking with family first. This is mainly because the child is not very educated to understand the severity of their condition or the potential outcomes. In addition, the child cannot make decisions independently. It is important for a physician to talk with a child’s parents or guardians prior to discussing the child’s condition with the child itself. This allows the physician be certain that after a diagnosis, the child will be less likely to be psychologically traumatized. ...
...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.
Meyers, Christopher, & Woods, Robert D. (1996). An obligation to provide abortion services: what happens when physicians refuse? Journal of Medical
The Supreme Court has made a law that gives the woman the right to choose abortion if needed. If a government sponsored healthcare plan does not follow this law and does not cover the abortion, then the woman herself will be penalized if she is low income.(Susan Dudley Ph.D.) In many cases, women can not afford the abortion but will sacrifice many things and still get one. It is not just an economic problem but can also be a social problem in many cases. There has been some cases of women who can not afford the abortion to try and induce it themselves then seek emergency medical help soon after to then have surgery to fully abort the fetus. (Susan Dudley Ph.D.) There is many arguments on this topic and whether abortions should be covered fully by health care. Due to the fact that low- income women and young women will be penalized because of health care plans not covering their abortions, the procedure will always be a difficult decision for these struggling women. (Susan Dudley
policy issue at hand is whether the decision to terminate the pregnancy be given to the mother or
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.
Perspectives (Volume 24, Number 2, June 1998). The “Late Term Abortion.” allaboutlifechallenges.org. 2002http://www.allaboutlifechAllenges.org http://www.seattle-term-abortion.htm>. “Late-term abortion.” Wikipedia: The Free Encyclopedia.
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...
o There is also a conflict between the parents and themselves/the doctor. They want to go along with the doctor because they know he must check, but they do not want force or hurt their daughter in order to get her to submit.