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Methods to Compensate for the Birth of an Unwanted Child Due to the Doctor's Failure to Close the Fallopian Tube
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Faezeh Ganji1    , Parisa Gavili *1 |
| 1- Department of Law, Sanandaj Branch, Islamic Azad University, Sanandaj, Iran. |
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Abstract: (311 Views) |
Background and Aim: Often, the image of birth is a positive and popular one, but the image corresponding to reality and society can be different. Therefore, this study aimed to investigate and identify the psychological effects of unwanted pregnancy on parents, the impact of unwanted children on society, the cost and budget that society pays for wrong births that lead to disability, as well as the role and civic responsibility following the fault Doctors discuss the process of pregnancy or voluntary sterilization.
Methods: The research method is a descriptive analytical study. The method of collecting library data and searching in databases (Google Scholar, SID, SocINEX, Medline, Econlit, Pub Med) and other sources have been performed. Data collection tool is stubs. Searches have focused on related topics and ethical and legal conflicts in the context of incorrect pregnancy and the wrong life.
Ethical Considerations: In all stages of the present research, while keeping the originality of the texts, honesty and integrity have been observed.
Results: "Wrongful Pregnancy" and "Wrongful Life" are associated with confusing ethical dilemmas and create delicate legal questions. These issues have faced different solutions in different countries and on special occasions and have sparked ethical and legal debates. The doctor's fault is due to the sterilization or misinformation or diagnosis that led to the pregnancy or denied the mother the chance to terminate the pregnancy. One of the most critical issues is balancing the right to self-determination and maternal autonomy, which is a complex phase because it encompasses both the rights of couples and is intertwined with the rights of the fetus.
Conclusion: Courts around the world are generally reluctant to endorse false life claims because of ethical and legal consequences, such as existence as harm, birthright and nature of harm. Some countries, such as France, definitively eliminated the wrong-life action with a law passed in March 2002. Only in the Netherlands and in three states of the United States (California, Washington and New Jersey) are Wrongful Life actions permitted. In other countries, such as Belgium, the law is unclear. |
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| Keywords: Unwanted Pregnancy, Civil Liability of the Physician, The Wrong Life, The Wrong Birth |
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Full-Text [PDF 508 kb]
(189 Downloads)
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Type of Study: Original Article |
Received: 2023/09/19 | Accepted: 2023/12/26 | Published: 2024/02/20
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