MATERNAL-FETAL CONFLICTS, from Torts to Criminal Justice: A Medical-Legal Study of 120 Cases

In caring for a pregnant women, physicians consider the health of two biologically linked, yet individually viable patients. Viewed as an organic whole, the combined maternal-fetal benefit of proposed interventions is weighed against the combined burdens. The complexity of maternal-fetal conflicts (MFC) places the medical profession in a position where the provider's determination in doing what is believed to be the best is seen as a denial of women's autonomy or pro-fetus jurisprudence. In the common-law, the concept of MFC often becomes an indirect evidence or inter alia, an ever-resolving puzzle comprised of elements of crime or tort. The account set in this book is not to resonate, but to simplify our concerns or duties in resolving MFC. Stemmed of 650 references and packed in 35 chapters, this 480-page compilation briefs and analyzes 120 cases held in the United States, Canada, and the United Kingdom, as well as MFC scenarios--stratifying them into the clusters to present an obstetrical problem. Each chapter starts with a concise review of the medical-legal repository, followed by the case briefs inclusive for the I.R.A.C. (issue, rule, analysis, conclusion), precedents, dicta, concurring/dissent, dispositions or verdicts, remedies, reliefs, and reasoning pursuant to the Constitutional or statute enactments in British Commonwealth, the United States and District of Columbia, Canadian provinces and territories. All published cases are located via LexisNexis(TM), BlueBook and WestLaw, and are free for the public visit under the U.S. Health Insurance Portability & Accountability Act (HIPAA), the Brady Rule, the Patient Safety & Quality Improvement Act of 2005 (PSQIA), 17 U.S.C. §§ 512, Digital Millennium Copyright Act (DMCA); Canadian Personal Information Protection & Electronic Documents Act (PIPEDA), Confidentiality Guidance 2009 of the General Medical Council of British Commonwealth, and other codes, acts or dicta. Bound for both medical and legal practitioners, this book may lessen the fees on the legal counsel, prof-liability insurances, and forensic testimony.