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The Department of Medical Humanities
Southern Illinois University
School of Medicine
PO Box 19603
913 N. Rutledge
Springfield IL
62794-9603


TEL: 217.545.4261
FAX: 217.545.7903

Contact:
lcleverdon@siumed.edu
for further information.

Updated
July 15, 2005

STUDIES IN MEDICAL-LEGAL ASPECTS OF OBSTETRICS AND GYNECOLOGY

DESCRIPTION

This elective is intended to provide students with an overview of medical-legal issues that have arisen in the context of clinical obstetrics  and gynecology, with additional consideration of relevant research-related medical-legal issues.  A seminar/tutorial teaching format will be utilized, with emphasis on student research and group discussion.  Students will be expected to read and evaluate assigned cases, focusing on important constitutional and common law issues involving such topics as abortion, maternal-fetal conflict, artificial human reproduction, the rights of newborn infants (including anencephalic infants), and other assigned topics.  Relevant statutory law also will be considered and discussed.  Student activities will include attendance at lectures, participation in interactive seminar discussions, and oral presentation of assigned research.

OBJECTIVES

  1. Using the case of Roe v. Wade, 410 U.S. 113 (1973), and available audiotapes of the actual oral arguments made before the U.S. Supreme Court, students will be able to identify the important issues in the case relating to abortion.  The impact of this decision will be evaluated against the background of subsequent U.S. Supreme Court decisions and other cases refining the legal principles articulated in Roe.  Selected recent legislation at the federal and state level will also be discussed.
  2. Students will be able to describe and discuss issues arising out of maternal/fetal conflicts and the respective rights of the parties in various situations including the following: 1) refusal of life-saving blood transfusions by a pregnant woman; 2) use of potentially harmful agents, such as chemotherapeutic drugs or radiation, by the pregnant woman; 3) use of legal and illegal potentially toxic substances, such as tobacco, alcohol, caffeine, marijuana, and cocaine, by a pregnant woman; and 4) a pregnant woman's decision whether or not to undergo cesarean section as the result of medical problems with the developing fetus.  Cases such as In re A.C., 573 A.2d 1235 (D.C. App. 1990) and Doe v. Doe, 632 N.E. 2d 326 (Ill. App. 1994) will be among those that students are expected to carefully study.  In addition, relevant position papers of the American College of Obstetrics and Gynecology will be review and discussed.
  3. Students will be able to identify and explain case law and statutory law addressing the use of artificial means of human reproduction and the impact on rights of involved parties.  The types of artificial means of human reproduction to be considered will include surrogate motherhood, artificial insemination by donor/husband, embryonic transfer, and gamete and zygote intrafallopian transfer.  The rights and obligations of such individuals as biological father, biological mother, birth mother, adoptive father, adoptive mother, fetus, and infant will be discussed as will issues involving the status of fertilized zygotes.
  4. Students will be able to identify and discuss relevant issues regarding the rights of the newborn infant to receive life-sustaining treatment or other resuscitative measures in situations where the fetus or newborn is seriously disabled.  Included in this discussion will be issues of futility in medial care as well as availability and use of scarce resources.  The rights of anencephalic infants also will be discussed.  Emphasis will be placed on discussion of the Baby K case, 16 F.3d 590 (4th Cir. 1994) as well as the Americans with Disabilities Act and the Emergency Medical Treatment and Active Labor Act.
  5. Students will identify other important medical-legal issues involving human reproduction and will be responsible for undertaking necessary research to prepare a classroom presentation for discussion on a topic approved by elective faculty.

EVALUATION

Evaluation will consist of assessment of student participation in seminar discussions as well as student presentation of assigned readings and research.  An oral examination covering assigned case law, statutes, readings, and related materials also will be utilized as a primary basis for evaluation of student performance.

PREREQUISITES

  • Completion of all third-year clerkships
  • Enrollment in the M.D./J.D. Dual Degree Program
Faculty responsible for elective Nancy Ford, J.D.
Telephone 217.206.6358
Additional faculty Theodore R. LeBlang, J.D.
tleblang@siumed.edu
Enrollment:
Maximum number of students:
4 per experience
Schedule 1 week, Full-time
Credit Hours 1 non-clinical credit awarded
MD/JD Electives
Medical Humanities Electives