Warren Dew wrote:Cormac wrote:In these cases, where damage arises to the baby, is the woman to be utterly blameless? Why is this different to them, for example, causing damage to a baby by putting methadone in their formula?
I would agree some liability ought to attach if there actually is a baby to be hurt.
In this case, there was no baby; the mother miscarried before birth. Her actions didn't hurt any other human being.
If the cocaine could demonstrably have caused the miscarriage - would that change the scenario?
The issue with foetal alcohol syndrome occurs while the baby is in the womb.
[10] Alcohol exposure presents a risk of fetal brain damage at any point during a pregnancy, since brain development is ongoing throughout pregnancy.[11]
Fetal alcohol exposure is the leading known cause of intellectual disability in the Western world.[12][13] In the United States and Europe, the FAS prevalence rate is estimated to be between 0.2-1.5 in every 1000 live births.[14] The lifetime medical and social costs of FAS are estimated to be as high as US$800,000 per child born with the disorder.[15]
Source: Wiki - who in turn quote the Lancet and other journals.
http://en.wikipedia.org/wiki/Fetal_alco ... te_note-14
While I'm on about it, maternal smoking during pregnancy is associated with significantly higher risk of SIDS (Sudden Infant Death Syndrome), mental retardation, and other unhappy consequences for the child.
Are you saying that for harm to have occurred, the mother would have had to have carried the damaged foetus to full term, then given birth, and harm would only be recognised at that point?
I find it mind-blowing that some people don't consider a foetus to be a baby
at any stage of gestation. To me that is just weird.
What about 5 minutes before birth - a week? A month? Three months?
In any case, as brain development carries on right throughout the pregnancy (the neural tube forms in the first four weeks).
Can you tell me at what stage during the pregnancy, the foetus acquires a right not to be damaged by heroin, alcohol, or tobacco? Does it ever? Why not?
As things stand, we don't take action against people who damage their babies in these ways. But given the huge impact on the people who have to live with the consequences - people born with Foetal Alcohol Syndrome, damage due to tobacco, or damage due to other drugs such as heroin, not to mention the massive cost to society, I'm not so sure.
At the very least, there should be large scale public health warnings run on television and radio regularly.
In the last couple of weeks, in the UK, a young mother achieved notoriety by claiming she smoked heavily right through the pregnancy to "toughen up" her baby. Between this, and the large number of women who continue to smoke, drink, and take drugs during pregnancy, it seems to me that the message is not getting through that another human being is highly likely to suffer the consequences of their selfish recklessness.