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The term wrongful abortion refers to an abortion that a pregnant woman undergoes as a result of negligent or malicious conduct by a physician or health care provider. [1]
There are at least two archetypal cases of wrongful abortion:
In a case of the first type, a pregnant woman seeks medical counseling regarding the possible perils related to the continuance of her pregnancy. The adviser mistakenly maintains that the pregnancy is fraught with substantial risks for the woman, and she consequently decides to undergo an abortion. Later it is found that the information given by the adviser was wrong. [2] [3]
In a case of the second type, the woman seeks advice concerning the health and bodily integrity of her fetus (see genetic counseling, prenatal diagnosis), and decides to undergo an abortion after being told that the fetus is deformed or disabled. Here, too, it is eventually realized that the information was wrong. [4] [5] [6]
"Wrongful abortion" is comparable to other types of birth-related malpractice. One category of birth-related malpractice consists of cases in which negligence by the defendant resulted in the birth of a healthy yet unwanted child. The negligence may manifest itself in the manufacture, provision, or installation of contraceptives; in the performance of vasectomy or tubal ligation; or in the carrying out of an abortion. These cases are usually labeled "wrongful pregnancy" (or "wrongful conception" in appropriate cases). In a way, they represent a mirror image of wrongful abortion cases, although they are not exact reflections. In cases of wrongful pregnancy, the doctor's negligence makes the fulfillment of the parents’ will impossible, while in wrongful abortion cases the doctor's negligence instigates, but does not necessitate, a decision that turns out to be inconsistent with such will.
Another category of birth-related malpractice, [7] more closely related to wrongful abortion, consists of cases in which a woman seeks medical advice regarding the health of her fetus, and decides to conceive or to continue her pregnancy once the adviser maintains that the fetus will not be born with congenital disabilities, a statement that is later found to be incorrect. The parents’ cause of action for their resulting losses is labeled "wrongful birth," while the infant’s cause of action for their own losses is termed "wrongful life." Wrongful birth is a more accurate mirror image of wrongful abortion. [8] The former deals with the non-prevention of the birth of an unwanted child, whereas the latter deals with the prevention of the birth of a wanted child. In both cases the defendant’s negligence does not make the fulfillment of the parent’s will physically impossible, but instigates a decision that turns out to be inconsistent with such will.
Intact dilation and extraction is a surgical procedure that removes an intact fetus from the uterus. The procedure is used both after miscarriages and for abortions in the second and third trimesters of pregnancy.
Roe v. Wade, 410 U.S. 113 (1973), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the Constitution of the United States protects a pregnant woman's liberty to choose to have an abortion without excessive government restriction. It struck down many U.S. federal and state abortion laws, and prompted an ongoing national debate in the United States about whether and to what extent abortion should be legal, who should decide the legality of abortion, what methods the Supreme Court should use in constitutional adjudication, and what the role of religious and moral views in the political sphere should be. Roe v. Wade reshaped American politics, dividing much of the United States into abortion rights and anti-abortion movements, while activating grassroots movements on both sides.
Abortion is legal throughout the United States and its territories, although restrictions and accessibility vary from state to state. Abortion is a controversial and divisive issue in the society, culture and politics of the U.S., and various anti-abortion laws have been in force in each state since at least 1900. The Democratic Party has generally defended access to abortion, whereas the Republican Party has generally sought to restrict abortion access or criminalize abortion.
The abortion debate is the ongoing controversy surrounding the moral, legal, and religious status of induced abortion. In English-speaking countries, the sides involved in the debate are the self-described "pro-choice" and "pro-life" movements. "Pro-choice" emphasizes the right of women to decide whether to terminate a pregnancy. "Pro-life" emphasizes the right of the embryo or fetus to gestate to term and be born. Both terms are considered loaded in mainstream media, where terms such as "abortion rights" or "anti-abortion" are generally preferred. Each movement has, with varying results, sought to influence public opinion and to attain legal support for its position.
Late termination of pregnancy describes the termination of pregnancy by induced abortion during a late stage of gestation. "Late", in this context, is not precisely defined, and different medical publications use varying gestational age thresholds. In 2015 in the United States, about 1.3% of abortions took place after the 21st week, and less than 1% occur after 24 weeks.
Prenatal testing consists of prenatal screening and prenatal diagnosis, which are aspects of prenatal care that focus on detecting problems with the pregnancy as early as possible. These may be anatomic and physiologic problems with the health of the zygote, embryo, or fetus, either before gestation even starts or as early in gestation as practicable. Screening can detect problems such as neural tube defects, chromosome abnormalities, and gene mutations that would lead to genetic disorders and birth defects, such as spina bifida, cleft palate, Downs Syndrome, Tay–Sachs disease, sickle cell anemia, thalassemia, cystic fibrosis, muscular dystrophy, and fragile X syndrome. Some tests are designed to discover problems which primarily affect the health of the mother, such as PAPP-A to detect pre-eclampsia or glucose tolerance tests to diagnose gestational diabetes. Screening can also detect anatomical defects such as hydrocephalus, anencephaly, heart defects, and amniotic band syndrome.
Stenberg v. Carhart, 530 U.S. 914 (2000), was a landmark decision of the US Supreme Court dealing with a Nebraska law which made performing "partial-birth abortion" illegal, without regard for the health of the mother. Nebraska physicians who performed the procedure contrary to the law were subject to having their medical licenses revoked. The Court struck down the law, finding the Nebraska statute criminalizing "partial birth abortion[s]" violated the Due Process Clause of the United States Constitution, as interpreted in Planned Parenthood v. Casey and Roe v. Wade.
The paternal rights and abortion issue is an extension of both the abortion debate and the fathers' rights movement. Abortion is becoming a factor for disagreement and lawsuit between partners.
Wrongful life is the name given to a legal action in which someone is sued by a severely disabled child for failing to prevent the child's birth. Typically, a child and the child's parents will sue a doctor or a hospital for failing to provide information about the disability during the pregnancy, or a genetic disposition before the pregnancy. Had the mother been aware of this information, it is argued, she would have had an abortion, or chosen not to conceive at all.
Conscience clauses are legal clauses attached to laws in some parts of the United States and other countries which permit pharmacists, physicians, and/or other providers of health care not to provide certain medical services for reasons of religion or conscience. It can also involve parents withholding consenting for particular treatments for their children.
Abortion in Israel is permitted when determined by a termination committee, with the vast majority of cases being approved as of 2019. The rate of abortion in Israel has steadily declined since 1988, and compared to the rest of the world, abortion rates in Israel are moderate. According to government data, in Israel, abortion rates in 2016 dropped steadily to 9 per 1,000 women of childbearing age, lower than England (16.2) and the United States (13.2). 99% of abortions are carried out in the first trimester. Despite allegations of permitting abortion under limited circumstances, Haaretz noted in 2019 that this is not the case and abortion is almost always permitted in Israel.
Abortion in El Salvador is illegal. The law formerly permitted an abortion to be performed under some limited circumstances, but, in 1998, all exceptions were removed when a new abortion law went into effect.
Abortion in South Africa is legal on request in the first trimester of pregnancy, and in special circumstances afterwords. Abortion was legal only under very limited circumstances until 1 February 1997, when the Choice on Termination of Pregnancy Act came into force, providing abortion on demand for a variety of cases.
This is a timeline of reproductive rights legislation, a chronological list of laws and legal decisions affecting human reproductive rights. Reproductive rights are a sub-set of human rights pertaining to issues of reproduction and reproductive health. These rights may include some or all of the following: the right to legal or safe abortion, the right to birth control, the right to access quality reproductive healthcare, and the right to education and access in order to make reproductive choices free from coercion, discrimination, and violence. Reproductive rights may also include the right to receive education about contraception and sexually transmitted infections, and freedom from coerced sterilization, abortion, and contraception, and protection from gender-based practices such as female genital cutting (FGC) and male genital mutilation (MGM).
In Judaism, views on abortion draw primarily upon the legal and ethical teachings of the Hebrew Bible, the Talmud, the case-by-case decisions of responsa, and other rabbinic literature. While all major Jewish religious movements allow abortion in order to save the life or health of a pregnant woman, authorities differ on when and whether it is permitted in other cases.
Abortion in Paraguay is illegal except in case of the threat to the life of the woman. Anyone who performs an abortion can be sentenced to 15 to 30 months in prison. If the abortion is done without the consent of the woman, the punishment is increased to 2 to 5 years. If the death of the woman occurred as a result of the abortion, the person who did the procedure can be sentenced to 4 to 6 years in prison, and 5 to 10 years in cases in which she did not consent.
Wrongful birth is a legal cause of action in some common law countries in which the parents of a congenitally diseased child claim that their doctor failed to properly warn of their risk of conceiving or giving birth to a child with serious genetic or congenital abnormalities. Thus, the plaintiffs claim, the defendant prevented them from making a truly informed decision as to whether or not to have the child. Wrongful birth is a type of medical malpractice tort. It is distinguished from wrongful life, in which the child sues the doctor.
Abortion in the United States is legal via the landmark 1973 case of Roe v. Wade. Specifically, abortion is legal in all U.S. states, and every state has at least one abortion clinic. However, individual states can regulate/limit the use of abortion or create "trigger laws", which would make abortion illegal within the first and second trimesters if Roe were overturned by the Supreme Court of the United States Also, nine states—Alabama, Arizona, Arkansas, Michigan, Mississippi, New Mexico, Oklahoma, West Virginia and Wisconsin still have their unenforced pre-Roe abortion bans on the lawbooks, which could start being enforced if Roe were overturned. In accordance with the US Supreme Court case of Planned Parenthood v. Casey (1992), states cannot place legal restrictions posing an undue burden for "the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus."
Abortion in Spain is legal upon request up to 14 weeks of pregnancy, and at later stages for serious risk to the health of the woman or fetal defects.
Abortion in Rhode Island is legal. On June 19, 2019, the legal right to abortion was codified into Rhode Island law by passage of the Reproductive Privacy Act. 71% of Rhode Islanders were found to support passing a law to protect safe, legal abortion in an October, 2018 poll.
