Health Law - Question and Answer | Assignment

0
Running head: HEALTH LAW
HEALTH LAW
Name of the student:
Name of the university:
Author’s note:

Question 1
Issues
Issues involved in the given scenario that whether any use of drug or intoxication during
pregnancy is form child abuse or not. Another issue arises whether it has formed a mandatory
reporting or not.
Rules
Child abuse is a sexual, physical, psychological abuse, or neglect of the children,
specifically by the caretaker or parent (Kleinman, 2015). The child in the mother’s womb may be
affected by the intoxication of drug or alcohol of his mother. In the case of State vs. Pfannenstiel
1990, the officials of Wyoming have bought a criminal charge against a woman who has
consumed alcohol during pregnancy. The charge has initiated on the basis of drinking alcohol is
an illegal activity as it is endangered to her fetus. It has constituted child abuse if a pregnant
woman has been drinking alcohol at the time of pregnancy as it may affect the health of that
child. There is another case State of Wisconsin vs. Deborah J. Z 1999, which has also
constituted that intoxication of drug is one of the parts of child abuse. In this case, the court has
addressed that maternal conduct or use of drug or intoxication before such birth of any child may
be prosecuted as a criminal of child abuse. In the case of Whitner vs. South California 1997, the
accused has arrested for using of cocaine during pregnancy as child abuse. The mandatory
reporters, such as doctors, should report for such criminal activity.
Application
In the given scenario, an intoxicated pregnant woman has come to a doctor.
Applying the case of State vs. Pfannenstiel 1990 in this given scenario, the woman has
made a child abuse as during pregnancy, the consummation of alcohol can affect the health of
her child. Therefore, she can be charged with criminal prosecution for child abuse.