THE RIGHTS OF THE MOTHER AND INTERESTS OF THE FETUS AS A CONFLICT OF INTEREST
Aleksandra Frković Nenad Hlača
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Sažetak In everyday medical practice the conflict of interest is present and it poses a number of questions. Human reproduction, as the interest of every society, requires general attitudes, taking care of mother’s medical care and autonomy, and autonomy and the fetal benefit, as the patient. Related to pregnancy, before giving her consent a pregnant woman should be informed about everything, especially about all the alternative possibilities, risks and benefits for her and for the fetus. When the mother’s wish and her benefit are not in accordance with fetal benefit, mother-fetal conflict of interest appears. It can appear during diagnostic and therapeutic procedures on the fetus during pregnancy or during caesarean section due to fetal indications. In that case the physician is faced with an ethical dilemma whether his primary duty is to respect the patient’s autonomy or the interest of the fetus. In order to solve this situation the dialogue and the respect of the pregnant woman are very important. New attitudes towards the legal status of the fetus indicate some changes related to legal protection, but the physical integrity of the mother must not be disturbed. The decision made by legal proceedings in the interest of fetus and against the mother’s will is considered unproductive and breaks her right to privacy and autonomy.