Based on the expert opinion, she decides to undergo an abortion. For example, early in her pregnancy a woman is told by her physician that a medication that she had taken would cause her baby to be born with a severe birth defect. ![]() ![]() Wrongful abortion is an abortion that a pregnant woman is induced to undergo by a negligent conduct (usually a medical misrepresentation). We argue that state laws may be the most promising basis for legal action to ameliorate the clinical marginalization and societal neglect faced by persons with severe brain injury, and to promote their recovery and reintegration into their communities. ![]() This Article comprehensively explores and analyzes sources of federal, state, and international human rights law that can be lev-eraged-both in traditional and novel ways-to improve the lives and protect the rights of persons with severe brain injury. While this problem is often approached from a medical or scientific point of view, here we frame it as a legal issue amenable to legal remedies. As a result, they constitute a class of persons who often lack access to adequate medical care, rehabilitation, and assistive devices that could aid them in communication and recovery. Such individuals are unable to advocate for themselves and are typically segregated from society in hospitals or nursing homes. ![]() Thousands of persons with severe brain injury who are minimally conscious or " locked in " are wrongly treated as if they are unconscious.
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