WHEN DOES A FETUS GAIN SENTIENCE DRIVER
WHEN DOES A FETUS GAIN SENTIENCE PROFESSIONAL

In fairness, involvement of courts is often sought by hospital administrators and/or physicians who choose that process in the interest of institutional and self-protection from lawsuits rather than in the interest of patients.Īs the interest view is applied, it logically follows that fetal research is morally permissible until sentience therapeutic research requires only the basic elements of informed consent. Great caution is needed in the formulation of policies that encourage state intervention in medical decision making.

WHEN DOES A FETUS GAIN SENTIENCE PROFESSIONAL

She reminds us that a public policy that funds drug treatment programs is more rational (and more effective) than one that puts pregnant offenders in jail.Īpart from violation of the rule of informed consent, damage to the patient/ professional relationship, with variable protection provided to the fetus, judicial interference presumes medical expertise.

Steinbock takes a pragmatic view: Incarceration does not assure a drug-free environment, and prenatal care in jail is often poor. Incarceration of pregnant addicts is also problematic. However, the evidence about injury caused by external influences suffices to claim that there are moral obligations to the developing fetus.Īlthough some abuses are so egregious that newborns may be removed from their parents, such actions, often punitive, should be carefully limited and strongly justified state interference itself is potentially abusive. Damage can occur before a pregnancy is discovered. Compounding the analysis is the limited knowledge of actual dangers to fetuses caused by behavior, drugs, or other influences. Some behavior believed to be protective of fetal health may conflict with expectant mothers' choices or needs. Steinbock thinks that until access to health care is universal, litigation may be the only way for some infants to get needed services. Wrongful-life suits present special problems and generally have been rejected by the courts (only three states recognize them). Such a definition could allow innumerable criminal charges against pregnant women, including improper nutrition, excessive weight gain, drug abuse, failure to get appropriate prenatal care, and so forth. 2 The case raised the issue of prosecution for homicide, defining a fetus as a person.

WHEN DOES A FETUS GAIN SENTIENCE DRIVER

She uses the Levey case to analyze the use of vehicular homicide statutes to protect fetuses in that case the driver charged with killing the fetus was also the expectant mother. The issue of criminal liability is more difficult, with clear public policy implications.

The author reviews extensively civil and criminal law affecting fetuses, arguing that there should be civil liability for injuring or killing a fetus. Recovery for wrongful death of a fetus should be aimed at compensating intended parents for the loss of an expected child. As a means to resolve many discrepancies, Steinbock presents the interest view: The nonsentient fetus has no interests the surviving child obviously does and is entitled to be compensated for wrongful injuries allowing surviving children to recover for injuries prior to birth does not imply that preconscious fetuses have interests, rights, or moral or legal status. The courts have not acted consistently in actions based on legal definitions of the unborn. Her exploration begins with a general theory, “the interest view,” related to Joel Feinberg's “interest principle.” 1 Much work has been done in the study and analysis of specific questions and individual cases Bonnie Steinbock, a professor of philosophy at the University at Albany, State University of New York, has written a comprehensive assessment in Life before Birth. Complicating such appraisals are the widely divergent moral scales of philosophers and theologians, with different premises, grounds, and guidelines held even among those standing together in broad theoretical agreement. Appraisal of the moral permissibility (and advisability) of using modern techniques for prenatal diagnosis of major disabilities, for major operations on fetuses, for artificial insemination and in vitro fertilization, and for fetal and embryo research is highly problematic. Policy decisions are heavily influenced by politicians responding to constituent voices through polls, office contacts, and “wind-socks.” Unfortunately, bumper-sticker slogans and sound-bite communication styles are too easily accepted as representing the content of complex issues, and comprehensive debates are not popular or common.īeyond the abortion question, the status of the unborn is critical in the dilemmas related to technological explorations and interventions. Continued polarization of opinion about the identity of human beings simmers beneath the surface of American culture.

When does a fetus gain sentience