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Fetal Abuse

An Exploration of Emerging Philosophic, Legal, and Policy Issues

Bibliographic Data

ID3260812
AuthorsJoseph Losco (Ball State University, corresponding author)
Year1989
Volume42
Issue2
Pages265-286
Publication date1989-06-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueThe Western Political Quarterly (JOURNAL)
Journal identifiersISSN: 0043-4078 • E-ISSN: 2325-8675
PublisherSAGE Publications Inc (PUBLISHER)
DOI10.1177/106591298904200206
PMID11659161
OpenAlexW2029415315
LanguageEN
Citations received4
References cited18

IN APRIL 1987, a judge in a San Diego court heard a case against a woman, Pamela Stewart Monson, whose baby was born braindead after she ignored her doctor's warnings about her behavior and its potential effects on the fetus. Her doctor had warned her to refrain from street drugs and sex and to seek medical care in case of vaginal bleeding. But prosecutors charged that on the day she delivered, she took amphetamines, had sex with her husband, and didn't call paramedics until twelve hours after bleeding began. Her son was born brain-dead with amphetamines in his system. The judge's decision to throw out the case is perhaps less significant than the fact that criminal charges were brought against the mother in the first place.' Cases like this raise important ethical, legal, and medical questions about personal responsibility in an era of increasing knowledge concerning health risks, about the moral and legal liability of parents who ignore the advice of their doctors when their actions result in death or serious deformities for their newborns, and about the duties of doctors toward patients who ignore their advice. Ultimately, lawmakers must design policy which confronts questions about the kinds of protection to which the fetus is entitled, if any, and the means for reconciling the interests of mother and fetus when they clash. In the Roe v. Wade decision, the Court avoided direct confrontation with some of the most difficult issues surrounding fetal responsibility. It provided a time frame, specified by viability, which limits the extent of state interference with the maternal right to privacy. But the Court did not and could not address a host of related policy issues. For example, it did not specify exactly what constitutes compelling state interest in the rights of the fetus. It did not indicate the obligations the mother has, if any, to the fetus if she chooses not to abort

Criminology · Engineering ethics · Health care · Legal liability · Liability · Political science · Engineering · Ethics and Legal Issues in Pediatric Healthcare · Grief, Bereavement, and Mental Health · Homicide, Infanticide, and Child Abuse · Law · Medicine · Prenatal Substance Exposure Effects · Psychology

  • Collective Rights

    Open Access•Miodrag A Jovanović•Collective Rights•2012

  • Paternal-Fetal Conflict

    Open Access•Joseph Losco, Mark Shublak•Politics and the Life Sciences•1994

  • Science and politics in the regulation of human embryonic stem-cell research in Brazil

    Open Access•Maya Mitre, Bruno P W Reis•Social Science Information•2015

  • Intercourse and Moral Responsibility for the Fetus

    Open Access•Holly M Smith•Abortion and the Status of the…•1983

  • The Moral Implications of Regarding Women as People

    Open Access•Caroline Whitbeck•Abortion and the Status of the…•1983

  • Philosophy and Public Affairs

    Open Access•J S Haldane, Samuel Brittan et al.•Philosophy and Public Affairs•2000

  • The Logical Case for "Wrongful Life"

    Bonnie Steinbock•The Hastings Center Report•1986

  • A New Threat to Pregnant Women's Autonomy

    Dawn Johnsen, Dawn E Johnsen•The Hastings Center Report•1987

  • At Law

    George J Annas•The Hastings Center Report•1986

  • Women, Work, and Reproductive Hazards

    Ronald Bayer•The Hastings Center Report•1982

  • Abortion, politics and the courts

    Open Access•Kristin Waters•Women s Studies International Forum•1989

  • Judicial Decision Making and Biological Fact

    Robert H Blank•The Western Political Quarterly•1984

  • The Politics of Abortion

    Raymond Tatalovich, Byron W Daynes•Studies in Family Planning•1981

  • Abortion and Infanticide

    Nancy Davis, Michael Tooley•The Philosophical Review•1985

Unique citing works3
Citations per year0,13
Citation span1994 - 2015 (22)
Citation velocityhistorical
Highly citedNo
Citation typesNeutral: 4

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