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02863aam a2200277 i 4500 001 2218C51E440211EF98CC15ED37ECA4DB 003 SILO 005 20240717010108 008 240701s2021 iau b 000 0 eng d 035 $a (OCoLC)1443184427 040 $a LUI $b eng $e rda $c LUI $d SILO 100 1 $a Lens, Jill Wieber, $e author. 245 10 $a Medical paternalism, stillbirth, & blindsided mothers / $c Jill Wieber Lens. 246 17 $a Medical paternalism & stillbirth 264 1 $a Iowa City, Iowa : $b College of Law, State University of Iowa, $c 2021 300 $a pages 665-720 ; $c 29 cm 504 $a Includes bibliographical references. 520 $a "Pregnant women know that some things can go wrong in their pregnancies. They know of the chance of miscarriage, the reason most women do not even publicly share their happy news until after 12 weeks. They also know of the chance of certain chromosomal abnormalities, including fatal ones, as doctors' disclosure of and screening for these abnormalities has become routine in prenatal care. But empirical studies confirm that pregnant women are ignorant of the chance of stillbirth, the death of the unborn child in the woman's womb after 2 o weeks of pregnancy but before birth. Women are ignorant that stillbirth means the woman will have to give birth to her dead baby. Women remain ignorant of the chance and reality of stillbirth because of medical paternalism-doctors think pregnant women do not need to and should not know of the chance of stillbirth. This Article argues that a woman has a right to know of the chance of stillbirth before it happens to her child, a right enforceable through an informed consent medical malpractice tort claim. The application of modern informed consent law to define this right is novel, but not difficult. The risk of stillbirth is easily material, and no evidence supports the myth that disclosure will cause pregnant women anxiety. Doctors are not protecting anyone, except maybe themselves, by failing to disclose stillbirth. To the contrary, numerous countries other than the United States have reduced their stillbirth rates through initiatives that include requiring doctors to disclose the risk of stillbirth to women and to educate women on the known, simple preventative measures. A tort claim enforcing a woman's right to disclosure of stillbirth could have a similar effect in the United States." 580 $a Offprint: Iowa law review. Volume 106, number 2 (January 2021) 650 0 $a Paternalism $z United States. 650 0 $a Informed consent (Medical law) $z United States. 650 0 $a Stillbirth $z United States. 787 1 $t Iowa law review $g Volume 106, number 2 (January 2021) $x 0021-0552 $w (OCoLC)01753893 941 $a 1 952 $l OVUX522 $d 20240717014620.0 956 $a http://locator.silo.lib.ia.us/search.cgi?index_0=id&term_0=2218C51E440211EF98CC15ED37ECA4DBInitiate Another SILO Locator Search