From today’s NY Times Motherlode blog: Is Refusing Bed Rest a Crime?
Excerpt:
Burton was in her 25th week of pregnancy in March 2009 when she started showing signs of miscarrying. Her doctor advised her to go on bed rest, possibly for as long as 15 weeks, but she told him that she had two toddlers to care for and a job to keep. She planned on getting a second opinion, but the doctor alerted the state, which then asked the Circuit Court of Leon County to step in.
She was ordered to stay in bed at Tallahassee Memorial Hospital and to undergo “any and all medical treatments” her doctor, acting in the interests of the fetus, decided were necessary. Burton asked to switch hospitals and the request was denied by the court, which said “such a change is not in the child’s best interest at this time.” After three days of hospitalization, she had to undergo an emergency C-section and the fetus was found dead.
I’ve never been pregnant and I really can’t say what I’d do, personally. But I believe in our rights to live our lives within reason. It’s not like this woman was shooting up (although she was smoking which I think is dumb but not grounds for what happened to her) or getting drunk everyday against doctor’s orders. And since when do doctor’s orders = the law??
What do you think?
The rest of the article here.
This is pretty ridiculous. I’m hesitant to officially take a side without knowing all the details, like was the father involved, was this miscarriage risk the first health red flag, does the woman have a history of negligence with her other children, etc. All that may be in the brief, but that sucker is way too long to get into so I’m moving forward without the details.
I suppose I can see where a doctor would try to override a parent’s wishes if there was just cause, but then you get into the whole ‘when is a fetus a person’ argument, which I’m just not willing to entertain. But why make an example of this particular woman? Where are the doctors ordering pregnant crackheads to hospitals for bed rest? My friend (a nurse) delivered a baby with no brain who was carried to full term but then died at birth – the mother had no idea because she’d never bothered to get pre-natal care. Where were the lawyers telling that mother to get to the hospital post-haste like they did the one in the article? Seems to me that something like this has to be all or nothing, or least attempted to be all or nothing.
All that said, the fault isn’t all on the courts. Personally, I feel that if you’re in a position to choose your own doctor, find one that you trust and can talk to so messes like this doesn’t happen. Still, I think she should have been allowed a second opinion. That part probably ticks me off more than the rest.
Comment by Jamie — January 12, 2010 @ 1:43 pm
Good points – what’s the other side to this and what are the details? I wondered who took care of her toddlers while she was hospitalized and at this point, what does she or her husband have to say?
It’s a testy subject, I know. But I’m curious to see what else anyone has to say.
Comment by Ms. Tabitha — January 12, 2010 @ 1:58 pm