Chapter 2, Problem 2.2.1C

Understand an appropriate course of action in dealing with a malpractice complaint

Should the woman who gives birth to a child with fetal alcohol syndrome (FAS) be penalized in some manner? The answer to this question is a bit more complicated than a simple yes or no, however. The child will require economic and psychosocial support, possibly for the rest of his or her life, an expenditure that might cost many tens of thousands (or hundreds of thousands) of dollars over the child’s lifespan. This will be necessitated because the child’s struggles were entirely preventable, had the mother abstained from alcohol use during her pregnancy. The mother’s alcohol use behaviors during pregnancy are the sole determinant whether the infant develops FAS. Many infants who have FAS have a mild form of the disorder that might not even be recognized by a physician with great experience in working with children with FAS. Even the most severe form can be difficult to diagnose at times. The subtle forms of FAS would be exceptionally difficult to definitively diagnose, and the danger…

Is the prescription is rational or irrational ?