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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
- 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.
- 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.
- 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.
- 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.
- 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
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