Types Of Wrongful Laws Dealing With Child Birth And They Are Wrong Life, Wrong Birth, Wrongful,

By comparing the English approach with the Australian approach towards the wrongful conception or pregnancy cases due to medical negligence, this can be distinguished with respect to the case of Cattanach v Melchior. In contrast with the McFarlane case, which only allows the recovery of damages for the disabled child, the Melchior case could allow the damages to be awarded for the costs of fostering a healthy child.

A medical malpractice case was filed by Mr. William M. Odom and Mrs. Ramona R. Odom in 1994 against the State of Louisiana through the Department of Health and Hospitals. They lost their fourteen year old adopted son named Joseph Paul Odom (Jojo), who died of hypoxia at the Pinecrest Development Center in Louisiana, due to nursing negligence, on August 19, 1994.

This was a landmark case as it set a precedent for the rights of public health officials. As stated in an article in the American Journal of Public Health, although this ruling was an important victory for officials, it was not enforced very often in the mid 1900s (Colgrove & Bayer, 2005,

The laws on the books and consequent court choices identifying with them have, after some time, been fixing to two inquiries: whether ladies have the privilege to have premature births, and when does an unborn youngster have a case to privileges of its own. The point of interest choice Roe v. Wade from 1973 goes far in characterizing who gets rights and when. As indicated by the choice composed by Justice Blackmun, the privilege to premature birth is guarded by the fourteenth Amendment. The content of the revision particularly utilizes "conceived" in the criteria to qualify somebody for the security rights ensured in the correction. At the point when the ethical issue of when another life starts is disregarded, it refutes any rights that a gathering of cells and/or baby could have. (Blackmun) However, Roe versus Wade additionally puts the confinement that, at one point (typically in the third trimester of pregnancy), the unborn youngster achieves a state of feasibility which allows it the privilege not to be prematurely ended, aside from cases of assault or interbreeding or if having the child is perilous to the mother. (Blackmun) The rights and cutoff points set out in Roe versus Wade speak to what the vast majority in America think about fetus removal, paying little respect to what they think about it ethically. (Gallup) Roe v. Wade isn't the main huge Supreme Court case

“Abortion is the spontaneous or artificially induced expulsion of an embryo or fetus” (Abortion, 2002). An artificially induced abortion is the type referred to in the legal context. Abortions happen in different situations. The question comes when is it the right or wrong choice. The root question becomes the moment a fetus becomes a person and entitled to rights. The fetus could be a person at conception, during the pregnancy, or at birth. The deciding moment differs from the Pro-life group and Pro-choice group. After critically analyzing four different arguments about the pros and cons of abortion, one will be able to understand the ethical, moral, and

I find this concerning when thinking about how many lawsuits there have been against providers because their child has a genetic

Proponents of punishing pregnant women, who put their fetuses at risk, have highlighted some pertinent legal and ethical issues. One is that a viable fetus (fetus after 27 weeks gestation) has certain rights and privileges. They are of the opinion that as soon as the fetus is viable and can survive independently from it mother, it becomes a

The advanced technology today makes it possible to fetus’s potential conditions when it is born. Not everything is perfect and sometimes we find out that a baby

At trial court, the judge deliberated that Dr. Scott was negligent for failing to show that the growth might not have been benign. The judge ruled the defendant was a breach of duty.

The viability of a fetus is when a person determines if a fetus/child is able to obtain life. Also, when born alive the child will be killed in a partial birth ultimately throwing the Born Alive Infant Act established in August 5th, 2002 out the window. In a “Show trial” on September 9th, 2015, James Bopp, representing Planned Parenthood, was asked by Trey Gowdy, representative from South Carolina, “What exactly is a partial birth abortion?” Bopp explained that “Partial birth abortions defined under federal law is when a physician partially delivers the trunk of the baby leaving the head in the birth canal the baby is alive then the physician takes an act to kill the baby and finishes the delivery.” Bopp also goes on to say “In that situation you simply do not know until later [whether the right medical decision has been made].” and “I haven't heard any person who works in abortion clinics able to make that fine and complex decision.” This is ultimately a decision to determine life which no person has the right to make (Trey Gowdy Grills Witnesses). On May 23rd, 2013 the question was raised to Alisa Lapolt Snow, representing Planned Parenthood making the statement “That the decision of life should be left up to the patient and the health care provider.” Representative Jose Oliva asked, “I think at that point the patient would be a child struggling on the table wouldn't you agree?”(SHOCKING Florida Hearing). This could not be more true when a abortion is failed, your patient by law ultimately becomes the child struggling for life on the

There are four types of surrogacy. First is the traditional, or formally known as genetic surrogacy. Genetic surrogacy is when the carrier donates both her eggs and her womb. With this route, there are many legal issues that the parents could face. Under the law, the carrier is the mother of the child. It is also unethical and illegal, according to the 13th amendment, to hand over the custody of a child for money. Also, against the 13th amendment, there is a forced separation of mother and child in this situation. One of the biggest risk that parents take with this type of surrogate mother, is that the mother is allowed to decide to keep the baby and they can do nothing about it. The surrogate mother, by law, is allowed to keep this baby because it is her egg which means that it is biologically her child.

In some cases, women use abortion to get rid of a baby with genetic abnormalities, also known as birth defects, which is pure discrimination. Some genetic abnormalities that can occur with babies are down syndrome, Fragile x syndrome (a mental impairment that ranges from learning disabilities to intellectual disabilities also known as mental retardation), and Spina Bifida (the

Abortion is the medical procedure when it is induced on purpose to extract the fetus from the uterus. When abortion occurs without purpose, it is usually referred to as miscarriage; such instance causes psychological problems in a woman and affects her perception of the fetus. The number of moral and ethical considerations on the problem of abortions can be considered from a variety of perspectives that include economic, medical, social, and religious aspects of the phenomenon. Many case studies are based on the need to make a choice, especially when talking about professional duties of doctors and such medical practices, as Hippocratic Oath. The controversy occurs every time some people cannot accept the right of the woman to have an

The life of the mother is more important than the foetus if she is in

Abortion is always argued with different cases and play a main role in medical ethics (blackwell.,p291).It is evidently reasonable for some to argue that in moral situation, abortion is a murder and it should be illegal, while others may claim that abortion is woman’s right when concerning on autonomy ( The abortion debate in Australia). Opponents of making abortion legal claim that abortion is a kind of murder on extend of moral situation. It is always regarded as a sin to kill a person who is no aggressor in most moral communities (new ethics 1). Fetus is a biologically human as it is not just a part of the mothers, such as a lung or a kidney. On the contrary, it is obvious that fetus is human due to he or she has genetic code of human and human parents as well (abortion myth p5). Moreover, it has potentiality to be a person with primary moral worth (text book p210-211). As Gillion (new ethics) pointed out, every person has his right to life, especially he is not an aggressor. This point is also been pointed by (Rebecca and john,Blackwell p204), “embryos has a right to life” .The fetus is innocent and