Pre-Natal Injury

A 19-year-old, during her pregnancy with her first child, drank heavily. All those who provided antenatal care gave her information about the risks that this posed to her unborn child and urged her to stop drinking or significantly reduce her intake. She did not do so, and her baby was born with fetal alcohol syndrome, which is characterized by intellectual disability and physical defects.

Another mom was 8 weeks pregnant when her 3-year-old daughter was covered with red spots and diagnosed as having German measles. She told her GP that she would want a termination rather than risk giving birth to a disabled child. She had two blood tests but the results were contradictory. The GP did not check with the laboratory nor did he run new tests. Instead, he reassured her that all was well. In fact, she gave birth to a boy who was blind, deaf and severely brain damaged, which could be attributed to German measles exposure in utero.

• Is a woman morally or legally responsible for the harms she causes her child in utero?
• Can a claim be made against a healthcare professional whose negligent acts prenatally give rise to a child born disabled?

Apply Theory (Specific Professional Healthcare Competencies + Clinical Medical Ethical Principles) to Practice in order to provide Optimal Patient-Centered Care (OPCC)

Clinical Ethics and Law, Second edition. Carolyn Johnston, Penelope Bradbury, Series editor: Janice Ryme