Childbirth and the Law pdf epub mobi txt 电子书下载 2026

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出版者:Oxford Univ Pr on Demand

作者:Seymour, John

出品人:

页数:422

译者:

出版时间:2000-7

价格:$ 226.00

装帧:HRD

isbn号码:9780198264682

丛书系列:

图书标签:

Childbirth
Law
Maternity
Legal Rights
Pregnancy
Birth
Healthcare
Family Law
Reproductive Rights
Medical Law

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具体描述

Childbirth and the Law examines aspects of English, United States, Canadian, and Australian law as it applies to the fetus, the pregnant woman, and the doctor or midwife who provides antenatal and perinatal care. A major part of the book consists of a critical examination of the law's attempts to protect the fetus, which is threatened by conduct such as a criminal assault, maternal drug-taking or parental refusal of medical treatment. The remainder of the work deals with the rapidly expanding and increasingly complex body of law on the liability of obstetricians, general practitioners, and midwives when negligent antenatal or perinatal care has been provided. There are numerous situations in which these health care professionals (or their employees) can be liable to pay damages. They can be sued if their negligence has harmed the mother, caused the birth of an injured, disabled, or stillborn child, or has resulted in the birth of an unwanted child. The book provides a comprehensive statement of the law on antenatal intervention to protect the fetus and on the responsibilities of those who care for pregnant women. By examining the nature of the relationship between a pregnant woman and her fetus, and the operation of child protection and criminal laws and the law of negligence John Seymour explores questions about maternal autonomy, the rights of the woman and the fetus, and the role of the law in protecting those rights and providing compensation when something goes wrong.

Childbirth and the Law: A Comprehensive Exploration of Legal Frameworks Surrounding Pregnancy, Birth, and Early Parenthood This book delves into the intricate and ever-evolving legal landscape that intersects with the profound human experience of childbirth and the initial stages of parenthood. It offers a detailed examination of the legal rights, responsibilities, and protections afforded to expectant parents, birthing individuals, newborns, and healthcare providers within various jurisdictions. The aim is to provide a thorough understanding of the legal principles and practical implications that shape this critical period of life, serving as an invaluable resource for legal professionals, healthcare providers, expectant parents, advocacy groups, and anyone seeking to navigate the complex legal dimensions of bringing a child into the world. The book begins by laying a foundational understanding of the legal status of a fetus, a topic fraught with ethical and legal debate. It explores how different legal systems define personhood and the implications of these definitions for reproductive rights, medical decision-making during pregnancy, and potential legal claims related to fetal well-being. This section will meticulously analyze landmark court cases and legislative enactments that have shaped these understandings, highlighting the varying legal perspectives and their societal impact. The nuances of when legal rights and protections begin, and how they are balanced against the rights of the pregnant individual, will be a central focus. A significant portion of the book is dedicated to the legal framework surrounding informed consent in childbirth. This involves a comprehensive analysis of what constitutes valid informed consent for medical procedures during labor and delivery, including cesarean sections, epidurals, inductions, and interventions for fetal distress. The book will dissect the legal requirements for providing adequate information about risks, benefits, and alternatives, ensuring that birthing individuals are empowered to make autonomous decisions about their care. It will also explore the legal ramifications of obtaining consent from individuals who are incapacitated or unable to communicate, and the role of advance directives or designated surrogates in such circumstances. The legal duties of healthcare providers to respect patient autonomy and the consequences of failing to do so will be thoroughly investigated. Furthermore, the book addresses the critical area of malpractice and liability in obstetrical care. It examines the standards of care expected of obstetricians, midwives, and other healthcare professionals, and the legal principles used to determine whether negligence has occurred. This includes detailed case studies illustrating common types of birth-related injuries and the legal challenges involved in proving causation and damages. The book will discuss the role of expert witnesses, the burden of proof, and the various avenues for seeking legal recourse, such as personal injury lawsuits and medical malpractice claims. It will also explore the evolving landscape of risk management strategies employed by healthcare institutions to mitigate potential legal exposure. The rights of parents and newborns immediately following birth are given extensive consideration. This includes the legal processes for establishing parentage, such as birth registration and acknowledgment of paternity, and the legal framework governing adoption and surrogacy. The book will provide an in-depth look at the legal rights of newborns, including their entitlement to essential medical care and protection from harm. It will also address the legal responsibilities of parents to provide for their child's well-being and the legal mechanisms for child protection services when parental care is deemed insufficient or harmful. The book will examine legislation related to newborn screening and the legal implications of congenital conditions. Special attention is paid to the legal aspects of different birth settings and practices. This includes the legal status and regulation of hospital births, birthing centers, and home births. The book will explore the legal challenges and considerations associated with unassisted childbirth, midwife licensure, and the potential legal liabilities involved in each setting. It will analyze the legal rights and responsibilities of birth attendants in various contexts, and the legal frameworks that govern the safety and quality of care provided. The evolving legal recognition of alternative birthing practices and the challenges of integrating them into established medical and legal systems will be a key theme. The book also tackles the complex legal issues surrounding maternal and infant mortality and morbidity. It examines the legal obligations of healthcare systems and governmental bodies to investigate adverse outcomes, implement preventative measures, and provide support to affected families. The legal framework for public health initiatives aimed at improving maternal and infant health outcomes, including data collection, reporting requirements, and policy development, will be thoroughly explored. The book will also discuss the legal avenues available to families seeking justice or compensation in cases of preventable maternal or infant death. Reproductive health laws and their impact on childbirth are another crucial component. This encompasses a detailed analysis of laws pertaining to abortion, contraception, and assisted reproductive technologies (ART), as they indirectly influence the circumstances and legal considerations surrounding childbirth. The book will examine how these laws shape access to reproductive healthcare, family planning, and the legal recognition of parentage in the context of ART. The ethical and legal debates surrounding genetic testing, embryo disposition, and the legal status of gamete donors will be presented with a focus on their implications for future childbirth and family formation. The legal rights of marginalized and vulnerable populations during childbirth are given significant emphasis. This includes an examination of how race, ethnicity, socioeconomic status, immigration status, disability, and sexual orientation can intersect with legal frameworks to create disparities in access to care, quality of care, and legal protections. The book will explore legal challenges and advocacy efforts aimed at addressing systemic inequities and ensuring that all individuals receive equitable and respectful care during pregnancy and childbirth. It will analyze laws and policies designed to combat discrimination and promote health equity. Finally, the book concludes by looking at the future of childbirth law. It identifies emerging trends, such as the increasing use of technology in childbirth and healthcare, the growing recognition of midwifery as a legitimate and valuable mode of care, and the ongoing debates surrounding reproductive autonomy and fetal rights. The book will discuss potential legal reforms and policy changes that could better serve the needs of expectant parents, birthing individuals, and newborns in a rapidly changing world. It will offer insights into how legal frameworks can adapt to better support families and promote positive birth experiences while upholding fundamental rights and safety standards. Throughout the book, the emphasis is on providing a clear, comprehensive, and accessible overview of a multifaceted legal domain. It aims to empower readers with knowledge, enabling them to understand their rights and responsibilities, and to advocate for informed and equitable care. The book is structured to facilitate understanding, with detailed explanations, case examples, and discussions of relevant legislation and legal principles. It avoids overly technical jargon where possible, aiming for clarity for a broad audience while maintaining the rigor expected by legal professionals. The content presented is a thorough exploration of the existing legal landscape without venturing into hypothetical or speculative scenarios not grounded in current legal frameworks.