HEALTHCARE ETHICS AND END OF LIFE DECISIONS Essay - 1

HEALTHCARE ETHICS AND END OF LIFE DECISIONS - Essay Example he wrongful birth is synonymous, in certain circles, to wrongful life and elaborates that the sheer birth of the defective child is entirely by choice of the medical personnel and not the parents. The parents sue for a claim to support the unexpectedly defective child. Parents are free to file this suit. However, they must give evidence beyond any reasonable doubt that they had no prior knowledge of their unborn child’s condition. The first case of wrongful birth became known in 1975 when the parents of a newborn with congenital defects sued the hospital for negligence. The child’s congenital disease arose from the mother during the first month of pregnancy. The mother contracted a disease, rubella that caused the newborn’s impairment. The courts allowed the suit and the parents got awarded damages. However, the damages allowed were only for the expenses pertinent to the care and treatment of the child’s defectiveness. No damages are awarded for noneconomic aspects such as the emotional pain and suffering. Since the mid-1970’s, the wrongful birth suits are, evidently, on an upward trend. However, for the suit to hold certain elements have to come out clearly and the information must receive corroboration from all the parties involved. First, there must be proof of the existence of a doctor-patient relationship between the defendant and the plaintiff. The doctor’s negligent failure to disclose to the prospective parents their child’s condition must surface. The plaintiff must give evidence of harm suffered and finally; the harm must be a result of the doctor’s negligence. The failure to follow standard care by the doctor amounts to negligence. Pozgar (2011) elucidates that a key ethical issue put forward by those against the wrongful birth is the increase in the rate of abortion in the event that the doctors disclosed the relevant information. Many suits also fail on this ground since parents can hardly use the averted abortion to state the