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"Mummy beerest": a study of fetal alcohol spectrum disorder, a mother's duty of care and strategies for intervention
Authors:Nolan Elise Jane
Affiliation:Office of the Director of Public Prosecutions, Queensland. Elise.Nolan@justice.qld.gov.au
Abstract:Fetal alcohol spectrum disorder can occur in children when a mother consumes alcohol while pregnant. It can manifest in a range of both physical and mental impairments and in varying degrees of seriousness. The act of consuming alcohol while pregnant arguably constitutes a breach of the duty of care that a mother owes to her unborn child and may lead to an award of damages for children with the disorder. However, to conclude that a duty is owed to an unborn child may be legally problematic. Further, an award of compensation may be of little utility to the child. It is therefore suggested that intervention strategies should instead be implemented which target relevant population groups and which prevent and assist in the management of the disorder.
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