Download e-book for kindle: Making Midwives Legal: Childbirth, Medicine, and the Law by Raymond DeVries

By Raymond DeVries

ISBN-10: 0814207030

ISBN-13: 9780814207031

Making Midwives felony explores what occurs while midwifery and drugs are introduced jointly by way of criminal law. Combining historic info at the rules of midwifery in Europe and the USA with a box examine of the rules of midwifery in Texas, Arizona, and California, Raymond G. DeVries uncovers the sophisticated methods laws alters the profession—demonstrating either useful and dangerous consequences.

This re-creation (the first version used to be released in 1985 lower than the name Regulating start) comprises an up to date preface that situates the topics of the e-book within the present debate over healthiness care and midwifery, and epilogue that examines the key matters within the Nineteen Nineties and reviews on advancements that experience taken position over the last decade, and an up-to-date bibliography. by means of encouraging considerate coverage alterations in maternity care, Making Midwives criminal contributes to our knowing of the workings of future health care structures, clinical professions, and the relation among legislation and medication.

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Additional resources for Making Midwives Legal: Childbirth, Medicine, and the Law

Example text

At the end of her study of case law relevant to childbirth, Katz (1980) concludes that parents can be held liable for injury to their child resulting from a home birth. She states that in cases where the infant is seriously injured because of complica­ tions which could have been predicted and perhaps avoided in a hospital setting, the parents could be charged with child abuse, and if the infant dies, maybe for manslaughter, de­ pending on the actual cause of death and its reasonable predicta­ bility.

The standardizing of treatment is particularly cul­ pable in this regard because it establishes a "standard of care" which defines the boundaries of acceptable medical practice. Prac­ titioners who step over boundaries are liable to legal prosecution and social ostracism. This discourages experimentation with new techniques or with new categories of health personnel. Medical his­ tory is literally full of examples in which orthodox practitioners os­ tracize the discoverers of significant medical facts and theories.

First, it acts to constrain behavior directly. If one group seeks to dominate medical care, for instance, it must do so in terms of the legal system. The desire to dominate is subject to the wiles of the legislative arena and the technicalities of legal procedure. Admittedly, better organized professional groups have an advantage here, but their wishes are altered by, and struc­ tured in, a legal environment. Direct constraint is also visible in challenges to medical domination. For instance, the current con­ cern with the rights of patients and legal limits on the proliferation of medical technology are evidence of the law's resistance to con­ ventional medical authority.

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Making Midwives Legal: Childbirth, Medicine, and the Law by Raymond DeVries

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