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The Business of BirthMalpractice and Maternity Care in the United States$
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Louise Marie Roth

Print publication date: 2021

Print ISBN-13: 9781479812257

Published to NYU Press Scholarship Online: September 2021

DOI: 10.18574/nyu/9781479812257.001.0001

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PRINTED FROM NYU Press SCHOLARSHIP ONLINE (www.nyu.universitypressscholarship.com). (c) Copyright University of NYU Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in NYSO for personal use.date: 18 May 2022

Law Matters

Law Matters

Tort Regimes and Reproductive Health Regimes

(p.31) 2 Law Matters
The Business of Birth

Louise Marie Roth

NYU Press

This chapter explores theories about how laws and organizations influence each other. First, the chapter explores the purpose of tort laws and the goals of the tort reform movement and uses them to define provider-friendly and patient-friendly tort regimes. An analysis of the effects of tort laws on obstetric malpractice lawsuits illustrates that, contrary to expectations, the rate of lawsuits is higher in states where tort reforms have reduced healthcare providers’ liability risk. The chapter then uses reproductive justice theory to examine reproductive health laws that govern contraception, abortion, midwifery, prenatal substance use, and fetal rights. These laws define fetus-centered and woman-centered reproductive rights regimes.

Keywords:   Legal regimes, Tort law, Reproductive justice, Reproductive rights, Feticide, Prenatal substance abuse, Disrespectful care, Obstetric violence, Court-ordered cesareans

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