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Duty of Care to Unborn Child
Damages Awarded for Births Following Negligent Abortion and Sterilisation
Background information and the decisions in three recent wrongful birth court cases in Britain are summarized. One case involved damages claimed for the birth of a healthy infant to a single mother after an unsuccessful ...
Court of Appeal Endorses Medical Decision to Allow Baby to Die
Brahams briefly reviews a British Court of Appeals decision,
Judicial Warning on Very Late Abortions
A 1990 negligence case involving the birth of a child with spina bifida marked the first time an English court was called upon to interpret a phrase from the 1967 Abortion Act, "capable of being born alive," in the context ...
Jehovah's Witness Transfused Without Consent: A Canadian Case
Last year the Ontario High Court held a doctor liable in damages for giving an unconscious patient a life-saving blood transfusion. The patient carried a card stating that she was a Jehovah's Witness and the doctor saw ...
Unwanted Life-Sustaining Treatment
Brahams reviews two legal actions that may have ramifications for physicians and hospitals administering life prolonging treatment to patients after specific instructions to the contrary. In an action pending in the United ...
Incompetent Adults and Consent to Treatment
An Appeal Court review, brought by the Official Solicitor of Great Britain of a justice's declaration that sterilization of a mentally handicapped woman would not be unlawful only by reason of her incapacity to consent to ...
The Right to Be Allowed to Die
Commenting on the California case of Elizabeth Bouvia, a quadreplegic who requested hospital assistance to alleviate suffering while she starved herself to death, Brahams expresses the hope that no patient in the United Kingdom ...
Charge of Attempted Murder of an Infant by a Gynaecologist Dismissed
Legal charges were dismissed on 15 September 1983 in the case of Anthony Hamilton, a British gynecologist charged with attempted murder for inducing an abortion that resulted in the delivery and survival of an infant of ...
Non-Renewal of Life Support for PVS