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Management of post-mortem pregnancy

Posted on:2004-10-17Degree:LL.MType:Thesis
University:University of Toronto (Canada)Candidate:Sperling, DanielFull Text:PDF
GTID:2464390011472603Subject:Law
Abstract/Summary:
In my thesis I deal with the legal and ethical aspects of maintaining a brain-dead pregnant woman on “life-support” by the successful delivery of her fetus. First, I analyze post-mortem pregnancy through discussing abortions-law, the law regulating general bodily interventions in pregnant women's life style and physical condition, and the legalizing of medical interventions in dead patients. I also examine the legal framework of pregnancy clauses in advance directive legislation, and probe the pregnant woman's ethical obligation toward her fetus. Next, I deal with specific issues that rise in the context of maternal brain-death. On the one hand I examine how the moral and legal status of the fetus and its gestational age affect the dilemma whether to maintain a brain-dead pregnant woman “alive”. On the other hand, I look at the moral, legal, psychological, religious, and physical aspects of interfering with dead patients, the pragmatic and legal obstacles to such an intervention, the rights of next-of-kin and friends of the deceased, and the physician-patient relationship. Finally, I incorporate a relational feminist analysis and conclude my research with practical guidelines for managing post-mortem pregnancy.
Keywords/Search Tags:Post-mortem, Pregnancy, Legal, Pregnant
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