Can a pregnant woman morally refuse fetal surgery?
نویسنده
چکیده
Fetal surgery techniques may soon improve so that the benefits to the fetus will outweigh the risks to the pregnant woman. Under such a scenario , utilitarianism-which seeks the greatest overall societal benefit-would require surgical intervention to treat the fetus, even if the woman refused the surgery. This Comment argues, however, that deontology provides the better decisionmaking framework for the fetal surgery context. Since deontology, as embodied in the informed consent doctrine, applies in all other medical decisionmaking contexts, there must be a compelling reason to change the framework for fetal surgery. One reason that might be offered is the apparent conflict between the woman's right to refuse surgery for herself and her duty to permit the fetus to be treated. The author proceeds to resolve that conflict in favor of the pregnant woman's right to refuse the fetal surgery, and accordingly she concludes that nojustification remains for abandoning deontology in the fetal surgery context.
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عنوان ژورنال:
- California law review
دوره 79 2 شماره
صفحات -
تاریخ انتشار 1991