
Millions of Americans rely on the likes of birth control, IVF, and genetic testing to make plans as intimate and farreaching as any over a lifetime. This is no less than the medicine of miracles. It fills empty cradles, frees families from terrible disease, and empowers them to fashion their lives on their own terms. But accidents happen. Pharmacists mix up pills. Lab techs misread tests. Obstetricians tell women their healthy fetuses would be stillborn. Political and economic forces conspire against regulation. And judges throw up their hands when professionals foist parenthood on people who didn't want it, or childlessness on those who did. Failed abortions, switched donors, and lost embryos may be first-world problems. But these aren't innocent lapses or harmless errors. They're wrongs in need of rights. This book lifts the curtain on reproductive negligence, gives voice to the lives it upends, and vindicates the interests that advances in medicine and technology bring to full expression. It charts the legal universe of errors that: (1) deprive pregnancy or parenthood of people who set out to pursue them; (2) impose pregnancy or parenthood on those who tried to avoid these roles; or (3) confound efforts to have a child with or without certain genetic traits. This novel architecture forces citizens and courts to rethink the reproductive controversies of our time, and equips us to meet the new challenges-from womb transplants to gene editing-that lie just over the horizon.
How should the legal system address the profound harms caused by reproductive negligence in an era of advanced medical technology? Dov Fox, a professor of law and director of the Center for Health Law Policy and Bioethics, examines the intersection of reproductive medicine and tort law. He argues that current legal frameworks are ill-equipped to handle errors in assisted reproduction, genetic testing, and contraception, proposing a new architecture for accountability that protects individual autonomy and reproductive interests.
What You Will Find
Scope Limits
Legal scholars and bioethicists frequently cite this work as a primary text for understanding the gaps in current reproductive law. Readers often note the clarity with which the author navigates complex tort concepts while maintaining a focus on the human impact of medical errors.
Page Count:
200
Publication Date:
2019-01-01
Publisher:
Oxford University Press
ISBN-10:
019067573X
ISBN-13:
9780190675738
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