Maternal-Fetal Conflicts, from Torts to Criminal Justice: Medical-legal Study of 120 cases
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In caring for a pregnant women, physicians consider the health of two biologically linked, yet individually viable patients. Viewed as an organic whole, the combined maternal-fetal benefit of proposed interventions is weighed against the combined burdens. The complexity of maternal-fetal conflicts (MFC) places the medical profession in a position where the provider's determination in doing what is believed to be the best is seen as a denial of women's autonomy or pro-fetus jurisprudence. In the common-law, the concept of MFC often becomes an indirect evidence or inter alia, an ever-resolving puzzle comprised of elements of crime or tort. The account set in this book is not to resonate, but to simplify our concerns or duties in resolving MFC. Stemmed of 650 references and packed in 35 chapters, this 480-page compilation briefs and analyzes 120 cases held in the United States, Canada, and the United Kingdom, as well as MFC scenarios--stratifying them into the clusters to present an obstetrical problem. Each chapter starts with a concise review of the medical-legal repository, followed by the case briefs inclusive for the I.R.A.C. (issue, rule, analysis, conclusion), precedents, dicta, concurring/dissent, dispositions or verdicts, remedies, reliefs, and reasoning pursuant to the Constitutional or statute enactments in British Commonwealth, the United States and District of Columbia, Canadian provinces and territories. All published cases are located via LexisNexis(TM), BlueBook and WestLaw, and are free for the public visit under the U.S. Health Insurance Portability & Accountability Act (HIPAA), the Brady Rule, the Patient Safety & Quality Improvement Act of 2005 (PSQIA), 17 U.S.C. 512, Digital Millennium Copyright Act (DMCA); Canadian Personal Information Protection & Electronic Documents Act (PIPEDA), Confidentiality Guidance 2009 of the General Medical Council of British Commonwealth, and other codes, acts or dicta. Bound for both medical and legal practitioners, this book may lessen the fees on the legal counsel, prof-liability insurances, and forensic testimony. This is the black-and-white edition of the book. For a difference as little as $10, the color edition is available at the www.amazon (ISBN 978-1491262924) or https: //www.createspace.com/4387671
Naira R. Matevosyan is a medical doctor (MD, PhD) who also holds a law degree (Master of Science in Jurisprudence/MSJ) from Seton Hall University School of Law. This book was written in 2014, before her actual studies in the Law School. Naira was admitted by Emory University Law School in August 2013 for a Juris Master (JM) program, but she deliberately deferred because of financial constraints. Emory Law School kindly held her place for two years; in the meantime, Naira was allowed to audit Criminal Law and Constitutional Law classes (for free) at Emory Law for two semesters and was a welcomed visitor at Emory Law. In December 2013, Naira was simultaneously admitted by Duke University Law School and Seton Hall Law School for MSJ. She graduated Seton Hall Law School and earned her Master of Science in Jurisprudence (MSJ) degree in January 2016. A member of the Federal Bar Association (FBA), Naira Matevosyan has presided as a panel judge in the 19th Thurgood Marshall Moot Court Competitions held in March-April, 2016 at the Superior Court of DC, and the U.S. Court of Federal Claims. Other law books written before her Studies at Seton Hall: "Maternal-fetal conflicts, from torts to criminal justice: Medical-legal study of 120 cases," "The Battered Woman Syndrome," "Synesthesia: The Phenomenon and its Presentation in Torts and Criminal Justice," "The Battered Woman Syndrome: Perspectives in Criminal Law and Clinical Psychology," "Court-visited surgical errors: A guide to forensic testimony," "Advanced tort law in surgical profession: Analysis of 50 cases," "Spleen," "Procreative Liberty," "Rhabdomyoma & Rhabdomyosarcoma," and "Court-visited erroneous diagnoses and surgeries of parathyroids." Books written after earning the Law Degree from Seton Hall: "Reproductive Health Law Survey: Essays and Multiple-choice Q & A," "Isoimmunization in Pregnancy: Medical & Legal Survey," and "Cervical Dystocia: Medical & Legal Survey."
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