Wrongful Conception
Deanna Kitzke
Wrongful Conception
Hwang-Ji Lu
HCA 322: Health Care Ethic & Medical Law
April 5, 2010
Wrongful Conception
The traditional way of doing things in America goes as follows; you meet Mr. or Mrs. Right, you get married, buy a house and have a family. After having all the children that one family wants someone in the relationship makes the responsible decision to be permanently sterilized or continue using birth control until menopause. Being permanently sterilized means, having the woman’s fallopian tubes either clamped or cut so as no more eggs are release into the uterus or having a man’s seminal vesicles cut so that no sperm is ejaculated. When a pregnancy occurs after one of these measures has been taken, it is looked into as wrongful conception or wrongful pregnancy.
Women can become pregnant when their fallopian tubes were not completely cut, a man’s seminal vesicles are not severed all the way or something is wrong with the birth control in which she is taking. Wrongful conception, also known as wrongful pregnancy, is a case of action based on negligence in the provision of birth control or performance of sterilization procedures that result in an unwanted pregnancy. (Sullivan, 2000) Physicians and pharmacists have come under legal trouble when a patient becomes pregnant and it is unwanted. Women have many reasons for no longer wanting any more children. It could be due to the age of the women and she is at a higher risk for the child to be mentally handicapped. The couple could merely be done having children because they have the desired amount that they could afford and wanted. The woman could have had a very difficult pregnancy in the past and therefore not want to put her at risk any further. All of these are legitimate reasons to have a surgical intervention to no longer have children or to prevent having children with birth control.
Many of those parents who end up taking legal action against a physician are those who have
Wrongful Conception
Hwang-Ji Lu
HCA 322: Health Care Ethic & Medical Law
April 5, 2010
Wrongful Conception
The traditional way of doing things in America goes as follows; you meet Mr. or Mrs. Right, you get married, buy a house and have a family. After having all the children that one family wants someone in the relationship makes the responsible decision to be permanently sterilized or continue using birth control until menopause. Being permanently sterilized means, having the woman’s fallopian tubes either clamped or cut so as no more eggs are release into the uterus or having a man’s seminal vesicles cut so that no sperm is ejaculated. When a pregnancy occurs after one of these measures has been taken, it is looked into as wrongful conception or wrongful pregnancy.
Women can become pregnant when their fallopian tubes were not completely cut, a man’s seminal vesicles are not severed all the way or something is wrong with the birth control in which she is taking. Wrongful conception, also known as wrongful pregnancy, is a case of action based on negligence in the provision of birth control or performance of sterilization procedures that result in an unwanted pregnancy. (Sullivan, 2000) Physicians and pharmacists have come under legal trouble when a patient becomes pregnant and it is unwanted. Women have many reasons for no longer wanting any more children. It could be due to the age of the women and she is at a higher risk for the child to be mentally handicapped. The couple could merely be done having children because they have the desired amount that they could afford and wanted. The woman could have had a very difficult pregnancy in the past and therefore not want to put her at risk any further. All of these are legitimate reasons to have a surgical intervention to no longer have children or to prevent having children with birth control.
Many of those parents who end up taking legal action against a physician are those who have
References: Pozgar, G. D. (2010). Legal and ethical Issues for health professionals (2nd ed.) Sudbury, MA: Jones and Bartlett Publishers. Sullivan, Mary B. (2000, March 22). Article: wrongful birth and wrongful conception: a parent 's need for a cause of action. . Retrieved from http://www.highbeam.com/doc/1G1-85016556.html Common tests during pregnancy. (n.d.). Retrieved from http://www.lpch.org/DiseaseHealthInfo/HealthLibrary/pregnant/tests.html Untitled. (n.d.). Retrieved from www.loislaw.com/gpc/index.htp?dockey=9512686@CTSUP