Childbirth and the Lawexamines 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.
1. Introduction PART I: The Current Law 2. Legal Intervention when a Foetus is Threatened or Harmed 3. Elements of a Negligence Action in Obstetrics and Midwifery 4. Negligent Treatment in Obstetrics and Midwifery 5. Negligent Failure to Provide Appropriate Information in Obstetrics and Midwifery 6. Other Actions in Obstetrics and Midwifery 7. The Assessment of Damages PART II: Assessing the Impact of the Law 8. The Legal Status of the Foetus 9. A Question of Autonomy? 10. Applying the Law of Negligence 11. After Birth: Maternal Liability for Antenatal Conduct? 12. The Duty of Care in Obstetrics and Midwifery 13. The Reality of Negligence Actions and the Need for Reform 14. Conclusion: The Role of the Law Glossary of Medical Terms Glossary of Legal Terms