The Troubled Pregnancy: Legal Wrongs and

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.

J. K. Mason is Professor Emeritus of Forensic Medicine and Honorary Fellow, School of Law in the University of Edinburgh.

Preface	p. xi
Table of cases	p. xiii
Table of statutes	p. xxv
The nature of the troubled pregnancy	p. 1
Introduction	p. 1
All overwiew of medical negligence	p. 9
Voluntary and involuntary termination of pregnancy	p. 14
Introduction	p. 14
The fetal persona	p. 15
Maternal status	p. 24
The Abortion Act 1967	p. 25
Prevention and reversal of implantation	p. 35
Negligence and abortion	p. 38
Involuntary termination of pregnancy	p. 41
Conclusion	p. 49
Antenatal care and the action for wrongful birth	p. 53
Introduction	p. 53
Late termination of pregnancy	p. 54
Antenatal care and fetal abnormality	p. 59
The principles of antenatal care	p. 66
The development of the wrongful birth action	p. 79
Recompense for wrongful birth in the United Kingdom	p. 84
Conclusions	p. 97
Unsuccessful sterilisation	p. 100
Introduction	p. 100
Negligent sterilisation	p. 100
Liability and wrongful pregnancy	p. 105
The case of Mr and Mrs McFarlane	p. 112
Wrongful pregnancy in Australia	p. 125
Lessons from a legal 'test match'	p. 138
McFarlane under fire	p. 141
A connecting case	p. 145
Uncovenanted pregnancy and disability	p. 150
Introduction	p. 150
The disabled neonate	p. 152
The disabled mother	p. 163
The proximity test	p. 183
Wrongful neonatal life	p. 188
Introduction	p. 188
The wrongful life action in history	p. 189
The perspective in the United Kingdom and the Commonwealth	p. 204
Wrongful life in Europe	p. 232
Conclusion	p. 237
The management of the disabled neonate	p. 241
Introduction	p. 241
Principles of management of severe congenital disease	p. 245
The British cases	p. 250
Professional guidelines	p. 290
Neonatal euthanasia	p. 293
Conclusion	p. 297
Patterns and anomalies	p. 297
Conflicts of values	p. 299
Bibliography	p. 303
Index	p. 312
Table of Contents provided by Ingram. All Rights Reserved.

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The Troubled Pregnancy: Legal Wrongs and Rights in Reproduction

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