06 August 2009

Court-enforced doctor's orders when there's a fetus involved

Speaking of laws interfering with women's medical decisions, this past March, a mother of 2, with number 3 on the way, was ordered to bed rest by her obstetrician. She sought a second opinion, because she couldn't see how she could manage raising 2 kids from bed. Her doctor's response was to get the courts involved:
[T]he Circuit Court of Leon County [Fla.] ordered Samantha Burton -- a mother of two suffering from pregnancy complications -- to be indefinitely confined to Tallahassee Memorial Hospital and forced to undergo any and all medical treatments deemed necessary to save her fetus. After three days of state-compelled hospitalization, Ms. Burton suffered fetal demise and was released from the hospital.
(ACLU.) She was detained at the hospital, where she miscarried a few days later anyway. The ACLU has filed a friend-of-the-court brief on Burton's behalf.

If this kind of state action is allowed, there are at least 2 ways women (and the people who love them) should be concerned. First, it will act as a deterrent to seeking prenatal care. Every year, some 1 million pregnant Americans get inadequate prenatal care, or none at all, and it puts their babies at higher risk of low birth weight, prematurity, stillbirth, and infant mortality. Do the state of Florida and Burton's doctor want to give mothers another reason to avoid seeing their doctors before labor kicks in? Why do they hate healthy babies so much?

Second, I can't be the only person to see a slippery slope here. In a country where (usually poor, black, and young) women are jailed for testing positive for illegal or even legal drugs while pregnant, or lose custody mostly for refusing a C-section, now we have a county court that ordered a woman confined because she wanted a second opinion on the bed rest order of a single physician. Pregnancy-induced hypertension is not an infrequent complication. Both my sister and my mother had it. My sister's doctor ordered her to bed rest toward the end of her pregnancy. Of course, she got up to do some housework and run some errands, even though the doctor had told her to get up only for toileting. Luckily for her, the baby arrived several weeks early (and hale and healthy). If she'd miscarried, or if the premature birth had injured the baby, should the state have prosecuted, figuring that they could prove a causal relationship between her disobeying doctor's orders and the miscarriage?

Since when is my doctor a state actor? Can he get a court to order me to spend my pregnancy in the hospital if I test positive for fast food, nicotine, and Kenzinger?

And who was watching Burton's other 2 kids while she was forced to stay in the hospital, leaving them motherless?

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