Ethical Issues of Wrongful Conception - 2854 Words

Students name Course name and number Name of paper Instructors name Date submitted Introduction Most of the issues involved with wrongful conception cases have been adjudicated through the state courts from the 1960s to the present. Almost always they have ruled that parents cannot collect damages for the birth of a normal, healthy child, even as the result of medical malpractice through defective sterilization and contraception procedures or failure to carry out correct genetic testing or fully inform parents of the results. Nor have the courts ruled that the birth of a handicapped child is a life unworthy of living, and instead have argued for judicial restraint in making such legal and moral determinations. Even in the case of the severely handicapped, such as children with Down syndrome, American courts have not ruled that nonexistence would be preferable to living a limited life. On the other hand, the U.S. Supreme Court has recognized that parents can collect personal injury damages as the result the birth of an impaired or unplanned child, at least in the recovery of med ical costs if not all the expenses of rearing the child to adulthood. State courts also allow the recovery of damages for medical expenses, training and treatment for handicapped children born as the result of failed abortion, contraception or sterilization. Due to the Roe v. Wade case of 1973, parents have the right to determine whether a child will be born or not, although recent efforts inShow MoreRelatedAbortion : Is It Morally Acceptable?1640 Words   |  7 PagesDay one, the most important day of any person’s life. The day of conception in which a simple cell becomes a growing human being. Time begins to pass on and the child begins to develop everything they need to survive in the world. In merely a few months the darkness will begin to fade away and the bright light will finally come into view for the child. What was just a simple cell not too long ago has now blossomed into a human being, but is this child technically alive? Is it morally acceptable toRead MoreBill Of Rights : Constitutional Protection Of Individual Liberties783 Words   |  4 Pagesactive in the profession for some time now, there are numerous novel issues and cases here and abroad that I need to brush my skills and knowledge of. Ethical decision in America is of great magnitude especially in balancing care quality and efficiency, improving access to care, sustaining the healthcare workforce, addressing end of life issues and allocation of limited medication and donor organs are a few of the many ethical challenges in healthcare especially for healthcare administrators andRead MoreCan Medical Service be Refused on the Basis of Morality and Ethics?793 Words   |  3 Pagesthe client group. The standards for professional behavior keep drifting higher. Where safety and health are at issue, the regulators are under more pressure to act when professional groups do not act (Strahlendorf, n.d). This notion of professional ethics has really come to the forefront in relation to pharmacists and whether they can refuse to fill prescriptions based on their ethical beliefs. In a case back in 1996, Karen Brauer, a pharmacist in Hamilton, OH. refused to fill a prescription becauseRead MoreAssisted Suicide Should Be Legalized: A Persuasive Essay2485 Words   |  10 PagesSupreme Court has recognized that parents can collect personal injury damages as the result the birth of an impaired or unplanned child, at least in the recovery of medical costs if not all the expenses of rearing the child to adulthood. A related issue is that the U.S. has very high costs and limited access that it has no single-payer system that guarantees universal access to all regardless of income. Indeed, up to 100,000 people in the U.S. die every year because they have no private insuranceRead MoreSame Sex Marriages? by Definition, It Cannot Exist880 Words   |  4 Pages(according to our modern language). Same sex marriages, even though inappropriate, can be solved without upsetting both sides of the scale. Many same sex marriage supporters argue, Why does every legal and political issue always have to be complicated by making it a moral and ethical question? If there were no morals or ethics in government, society as we know it could not exist. It is unthinkable how someone can make this point. If these people had some logic and thoughtfulness in their mindsRead MoreActions for Wrongful Birth and Wrongful Conception3277 Words   |  14 Pagesfor wrongful birth and wrongful conception Actions for wrongful birth and wrongful conception frequently raise moral, ethical and philosophical issues. Legal judgments have often been contradictory and on occasions have arrived at their conclusions without addressing all the pertinent issues. Actions for wrongful conception or wrongful birth are variants of clinical liability and negligence. The initiative to bring an action lies with the parents. This is different for actions for wrongful lifeRead MoreSummary and Critique of Don Maquis- Anti-Abortion Argument2015 Words   |  9 Pagesmoral consequence. The conflicting issue being weather or not a fetus falls under the category of a morally applicable ‘sentient being’ and this, in turn, is what Marquis sets out to confirm in order to create a solid case for the ‘anti-abortion’ approach. He accepts that logically if either of these arguments are to be convincing it needs to extend beyond normal social moralities. For instance an anti-abortion argument cannot simply rely on the age old conception that It is always prima facie seriouslyRead MoreEthical Implications of Abortion2898 Words   |  12 Pagesestablished the foundation for abortion rights within the United States stating that laws banning abortionâ€Å"violate a constitutional right to privacy† (ACLU, 1996, p.1). This case was opposed by many who thought that the fetus was infact a person from conception and therefore has the right to life, but ultimately this viewpoint was overruled in favor of the â€Å"pro-abortion† side. The Supreme Court ruled that the decision to legailze abortion is â€Å"necessary to preserve womens equality and personal freedom†Read MoreEssay on Evaluating the Current Law on Abortion3636 Words   |  15 Pages252) Medical definition is the removal or expulsion of the products of conception before, but after, the foetus is ‘viable’ (Butterworths Medical dictionary 2nd edn 1978) However, most people are referring to the medical termination of pregnancy when they talk about abortion. It is apparent that abortion is a medical procedure, but I intend to, in general look at the legal and ethical aspects of abortion. Abortion used to be a crime and in Ireland and some otherRead MoreTorts study notes Essay17110 Words   |  69 Pagesarticle was *1807 caustic in its reference to â€Å"journals [that] cultivate the idiom of cost-spreading . . . and cost-avoidance.†43 Epstein’s first article, which appeared a year after Fletcher’s, was eager to show how a proper moral analysis of tort issues â€Å"stands in sharp opposition to . . . economic theory.†44    Among more recent writers, Richard Wright finds that economics is of no value whatsoever in explaining the common law of torts;45 moreover, Wright indicates that the moral appeal of the