HSM 542 Week 3 Assignment: The Case of Roe vs. Wade (GRADED A+)

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Week 3 Assignment: Roe vs. Wade HSM 542 – Health Rights & Responsibilities. Week 3 Written Assignment Should a Pregnant Woman Be Punished for Exposing Her Fetus to... Risk? Week 3 Assignment: Roe vs. Wade A series of legal issues in the context of expression of a woman is pregnant is dangerous for the unborn child of her. The most important aspect of this topic is the balance between protecting the lives of pregnant women and the unborn child and the autonomy of decision-making process. These issues are tough to decide. Those related to ethics and law sometimes seem contradictory. When considering this question should be objective with the enforcement of policies and legislation for the unborn child should be protected. Similar to the argument of abortion, cases often entrenched in the concept of what is considered a child or differentiation of terminology involving what found to a viable life form (PBS, 2014). This thinking led to the limitations decided in Row vs. Wade (Roe vs. Wade, 2014). However, the concept of viable life was determined on the basis for termination of a pregnancy which is different than policies and laws that assume a crime. The argument for protective laws for a fetus founded in the concept of protecting the unborn fetus, but however well-intentioned this idea is it violates specific tenants of law and ethics. Legally speaking, any law that attempts to protect an unborn fetus (such as a drug using mother) assumes that the mother has committed a crime based on the potential for harm. While it is widely known that the use of drugs during pregnancy can lead to harm of the unborn this potential is not a certainty. Assuming that harm is being done to the unborn, there is also the problem of a legal statute for determination of a crime. The two primary elements of determining crime pertinent to this case include intent and concurrence. The element of a crime "No crime without intent" states that a person must be intentional in their commission of a crime to be charged. This means that a prosecutor Week 3 Assignment: Roe vs. Wade must show that the person willfully and mindfully desired to commit the crime otherwise a crime was not committed (Thomas & Bishop, 1987). The other pertinent element of the offense is the "No crime without concurrence" idea. For an action to be considered a crime, the action, and the intent must occur at the same time (Thomas & Bishop, 1987). This concept pertains to the idea that if someone accidently killed by someone, but later found out that the person who was the killer was an enemy; they could not be charged with murder despite being glad the person is dead. Thus, no crime was committed because there was no intention during the act of killing the person. Similarly, if a mother is using drugs during the pregnancy and the fetus is born with massive defects, however, sad this may be, her intention at the time of using drugs would have to be shown to be intentional of causing harm. As one can see, the assumption of potential harm begins a treacherous descent on a slippery slope of law and ethics. Court's decision in Roe's case is based on two main premises: the fundamental right to abortion and protect prenatal life from pregnancy. In the case of Roe vs. Wade acknowledged that the Constitution does not explicitly mention the right of privacy, it does not provide any specific reasons to explain why the right to privacy includes the right to abortion. While protecting an unborn child may seem well-intentioned, policies and actions were taken in this way also create ethical issues for healthcare professionals. Healthcare professionals are bound by ethical standards such as informed consent and rights to privacy. When laws are made that assume a protective stance against the actions of the mother, then her rights to informed consent of procedures and participation are taken Week 3 Assignment: Roe vs. Wade away, i.e., the right to choose her medical care and procedures. As well, the woman is also denied due process under Roe v. Wade, 410 U.S. 113 (1973). In Roe v. Wade, 557 the Court established a right of personal privacy protected by the due process clause that includes the right of a woman to determine whether or not to bear a child. In doing so, the Court dramatically increased judicial oversight of legislation under the privacy line of cases, striking down aspects of abortion-related laws in practically all the States, the District of Columbia, and the territories (Roe vs. Wade, 2014). The right of personal privacy under due process makes doctors reporting on patients a clear ethical violation. At this juncture, one can see that the implementation of fetal- protective laws creates a myriad of moral and legal contradictions. This is to say nothing of more complex arguments such as legal substances such as tobacco. Conclusion Ethically I feel that a mother is responsible for exposing her fetus to risk, regardless how along in pregnancy she is. When you conceive a child, that child is your responsibility from that point on until that child is born. The program that let the women who have drug issues knowing that if they did not pass the urine drug test, then they are at risk of losing their child. Legally a parent can be charged with child abuse, neglect, etc. but there are a lot of issues that come along with that action. The child most likely will end up in a foster home if no one wants to adopt them. Abuse of drugs or alcohol by parents and other caregivers can have adverse effects on the health, safety, and well-being Week 3 Assignment: Roe vs. Wade of children. Ultimately it is not the child or fetuses fault who their parents are and what choices they make. But any individual who makes the choice of creating a new life needs to be responsible enough to take care of the life that they have created. Some people argue that after the child is born the parent cannot charge with endangerment to the child. I feel that in any circumstance the parents should be held responsible for providing a safe environment for their child, even before they are born. If I were an administrator of a hospital and faced with these situations, I believe that the best course of action would be to implement drug rehabilitation services for pregnant women. Because the primary focus of medicine is to heal and avoid doing harm. Then under the doctrine of care ethics, it would be more ethical to protect the confidentiality of doctors and patients and more beneficial to provide a means of halting the harmful behavior rather than attempting to enforce codes which create larger ethical and legal issues. It should note that scenarios such as this highlight the fact that perhaps the law is not the most efficient and practical means of deciding healthcare outcomes. Week 3 Assignment: Roe vs. Wade References PBS. (2014). Roe vs. Wade and Beyond. Retrieved from PBS: http://www.pbs.org/wgbh/pages/frontline/clinic/cases.html Roe vs. Wade. (2014). Abortion. Retrieved from Justia US Law: http://law.justia.com/constitution/us/amendment-14/31-abortion.html Thomas, C.W &Bishop, D.M. (1987). Criminal Law: Understand Basic Principles. Newbury Park, New York. [Show More]

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