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Sterilization

Sterilization. The termination of the ability to produce offspring Vasectomy Tubal Ligation. Reasons for Sterilization. Economic Cost of children Therapeutic Prevent women harm Genetic Prevent birth defects. Sterilization. Elective Few legal problems Regulations

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Sterilization

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  1. Sterilization • The termination of the ability to produce offspring • Vasectomy • Tubal Ligation

  2. Reasons for Sterilization • Economic • Cost of children • Therapeutic • Prevent women harm • Genetic • Prevent birth defects

  3. Sterilization • Elective • Few legal problems • Regulations • Moral & ethical debates similar to those of abortions

  4. Eugenic Sterilization • Involuntary sterilization • Mentally deficient • Feebleminded • Epileptic • Sexual deviates • Habitual criminals

  5. Reasons for Eugenic Sterilization • Prevent continuation of hereditary defects • Prevent procreation from those who are unable to care for offspring

  6. Eugenic Sterilization statutes • Mentally ill institutes & Prisons • Person notice to person to sterilize • Legal guardian or representative • Hearing: evidence may be presented • Right to appeal

  7. Negligent Sterilization • Case p 85 • Descriptive the ethical issues in this case

  8. Wrongful Birth, Life & Conception • Court’s unwillingness • To permit financial recovery for the injury of “being born” into the world • Indicated that the joys and benefits of having the child outweigh the costs incurred in the rearing process

  9. Wrongful Birth Action • Plaintiff claims that a breach of duty by the defendant (doctor/hospital) led to the child being born • Neglecting to notify the family of a defect in a timely manner

  10. Wrongful Birth Action • Review New Jersey Case

  11. Wrongful Life Claims • Initiated by parent(s) or child • based on harm suffered as a result of being born • Negligent in informing

  12. Wrongful Life Claims • There are no recognized legal rights not to be born, wrongful life cases are often not successful • Kassama v. Magat • Question of “injury of life itself”

  13. Wrongful Conception • A claim for damages sustained by the parents of an unexpected child • Negligent sterilization procedures • Defective contraceptive device • Damages: p89

  14. Wrongful Conception • Lovelace Medical Center v. Mendez p89 • Shaheen v. Knight p90

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