CNN Article; Refusing a C-Section for Cosmetic Reasons = Murder?

[Finally M3]

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Interesting case, was wondering what this forum's opinions would be on the matter...

And no, this isn't an abortion troll!

http://www.cnn.com/2004/US/West/03/11/mother.charged.ap/index.html

 

[Global Disrobal]

There was a thread on this earlier (last month)... I wonder if this somehow will end up as a discussion of whether or not murder/criminal charges can be filed against moms using cocaine, tobacco, ETOH, etc...

definitely interesting!

 

[Global Disrobal]

In continuing my previous post, some states have begun legislative efforts to prosecute mothers who do use cocaine, abuse alcohol while pregnant in addition to mother with HIV bearing children without the therapy to reduce transmission for abuse and wrongful life... however none of these have come into fruition the last 2-4 years. I wonder how this will play for us (future OB-GYN practitioners).

 

[juddson]

I think the mother is going to win this case pretty easily. There's just no legal liability here, no matter how you slice it.
She won't be a criminal, despite whatever else might be said about her.

Judd

 

[Global Disrobal]

And on top of that, she seems to have a mental/psychological history which will bolster the case.

But what if she was average jane from the 2.2 child family? I personally think that she would still be fine. Its her body, her decision.

 

[minime]

I don't want to start an abortion argument here, but unfortunately it's not just her body-it's her's an two other human beings. In this case it looks as if she needs to be in a psych hospital instead of a jail. If I had seen her and knew of her impending fetal demise I would have tried to get a court order to do the section against her will.

 

[jashanley]

Questions:
does this woman have decision making capacity?
Her motives may seem insane but is she able to understand the risks and benefits and weigh them properly to make a decision.
Also, when do a fetus/unborn child begin to have their own rights?

She legally has the right to refuse surgery, as long as she can prove that she has the capacity to make a decision, no matter how insane her motives for refusal are. It is her body and her decision.
She could sue a surgeon for battery if her attempted a c-section without her consent.

This lawsuit is a veiled attempt at abortion reform, plain and simple.
I will not attempt to discuss the merits pro-life versus pro-choice, here.

 

[Finally M3]

Originally posted by jashanley
Questions:

She legally has the right to refuse surgery, as long as she can prove that she has the capacity to make a decision, no matter how insane her motives for refusal are. It is her body and her decision.
She could sue a surgeon for battery if her attempted a c-section without her consent.

This lawsuit is a veiled attempt at abortion reform, plain and simple.
I will not attempt to discuss the merits pro-life versus pro-choice, here.

I think this case occurred in Utah, FWIW. At the very least, I think it's an extreme example of 'my body, my choice'. I'm perfectly okay with that (as well as Christian Scientist/objection to transfusion)....but this case kind of makes me feel uncomfortable.

If I were the court....psych consult stat! But legal action? 😕