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Pregnant Woman Ordered to Stay at Hospital Against Her Will
In March 2009, Samantha Burton, 29, went to Tallahassee Memorial Hospital while experiencing signs of pre-term labor while 25 weeks pregnant.
Her doctors prescribed 15 weeks of bed rest, but Burton explained that was impossible: She had two small children and a job. She then asked for a second opinion. She got one, but it wasn’t from a physician.
Burton’s doctor came back into her room with an attorney in tow and handed her a phone. She spoke to Leon Circuit Judge C. Cooper, who — without reviewing her medical records or even allowing her to speak to a legal advocate — ordered her to stay where she was and submit to “any and all medical treatments” her doctor’s deemed necessary. Burton asked to change hospitals, but was told it wasn’t in the best interest of her child.
Those treatments included an emergency c-section three days later, where Burton’s baby was delivered stillborn.
Burton sued the state of Florida for violating her constitutional rights but lost. She’s in court appealing that decision this month, not to be rewarded compensation, but so that what happened to her won’t happen again. “The entire experience was horrible and I am still very upset about it,” Burton told the St. Petersburg Times through her lawyer. “I hope nobody else has to go through what I went through.”
Florida authorities are arguing that their decision was based on maintaining the status quo, to keep Burton in the hospital for a few days, until they could figure out how to best treat her pregnancy complications. But Burton’s lawyer says that leaving Burton herself out of that equation was a mistake. “If you apply the best interest of the child standard, the woman becomes nothing more than a fetal incubator owned by the state of Florida,” Abrams told the Washington Post.
The case has advocates of civil and women’s rights asking the question: If Burton’s appeal is denied, what kind of precedent has been set? At the Daily Kos, the ACLU wrote:
Being pregnant does not mean that you lose the basic right to make decisions about your own health care. In a free society, each of us has the liberty to conduct our lives according to what we believe is best for ourselves and our families. Though we may disagree with the health decisions of some, we do not force people into medical care, or in the case of Burton, into confinement in a hospital.
Will doctors intervene legally, then, when a pregnant women refuses to stop smoking — as was the case with Burton? Decides not to take her folic acid? Rides without her seat belt?
It’s a question that will be answered in court soon, but I’m curious to hear what you think: At what point, if ever, does a pregnant woman’s body cease to be her own? And what do you think the outcome of Burton’s case should be?
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9 Comments
[...] Pregnant Woman Ordered to Stay at Hospital Against Her Will [...]
Teacher Pits Student Against Student in Fourth Grade Fight Club | Strollerderby commented on Feb 03 10 at 6:06 pm[...] Pregnant Woman Ordered to Stay at Hospital Against Her Will [...]
They Say - Were Pioneering OBs Also Serial Killers of Pregnant Women? | Strollerderby commented on Feb 09 10 at 10:02 pmMaggie commented on Jan 30 10 at 8:57 amIn addition to the important questions raised in this post, there’s a hidden question in this situation that I haven’t seen addressed, either here or elsewhere: Why does anyone believe that this particular doctor has the “right” answer about the treatment of this patient? Doctors of skill and good will quite often disagree about the best treatment plan, just as ordinary people disagree about the best route to take from one place to another. Her request for a second opinion was appropriate and it makes no sense for the court to rubberstamp the opinion of one doctor or even one hospital. It makes even less sense to reject her appeal. What happened to due process? And what happened to the idea that individuals can be fallible in their jobs?
jenny tries too hard commented on Jan 30 10 at 1:29 pmThis is disgusting. She has the right to decide how to treat her pregnancy, and to decide exactly where and how she will mull that over. All this leads to is patients telling doctors what they think the doc wants to hear, or worse, avoiding prenatal care if they have trouble kicking the cigarettes and maintaining things “perfectly” while pregnant.
L commented on Jan 30 10 at 2:54 pmThe really bad part of this is that she wasn’t allowed to seek a second opinion… I’m torn on how strict docs and hospitals should be in “forcing” the best care for their patients. There are mental illnesses that might prevent someone from accepting the care they need, as well as “religious beliefs” that result in a desire for inadequate care. But to not allow someone to seek a second, third, or fourth opinion from other medical professionals?
But then, maybe her water was already broken, she was several centimeters dialated, and the baby was in distress… In that case, I could understand not wanting to transfer her to another hospital. Or maybe she was “just” have a few non-progressive contractions and COULD have seen another doc without disastrous consequences. Without more details, we can’t be sure.
(I write all this from the hospital, starting on my own third week of hospital bed-rest for pre-term labor and bleeding…)
mystic_eye commented on Feb 04 10 at 10:46 amThe really fun fact is that bed rest actually makes preterm birth more likely, but doctors like to pretend it doesn’t because they feel the need to “do something”.
Its easy pregnant women are women -period and their interests are the only ones that the courts should consider. I know people find that upsetting but the consequences of giving a fetus any rights are too dire. You end up with absurdities like this. You get women reported to social services for being in the middle of renovating when they happen to get pregnant. You get forced c-sections. You get doctors being given carte blanche to do what they want without regard for the woman AT ALL, and without real regard for medical standards. There is no “one size fits all” treatment solution to ANY problem. You wouldn’t recommend penicillin to a patient that is allergic even if it is a strain of bacteria that responds poorly to other drugs.
Why is it that pregnant women are allowed to be tried in “kangaroo court”? Why is their right to “confront their accusers” taken away? Basically this woman was accused of being “incompetent to make medical decisions”. The she was deemed “incapable of assisting in her own defense” without any independent testing or appearance before the court. Then, even though being found incapable of assisting in her own defense would, in most jurisdictions, make her unfit to stand trial she was tried and punished with the loss of her freedom and rights to make ANY medical decision. Not only that but her spouse (or her legally designated proxy) was denied his normal right to make medical decision if she was deemed “incapable” of making them.
These laws are absurd. There is not even one logical legal argument by which they can stand. However they just keep stacking up and making their own precedence. I don’t know why the courts refuse to seek out other medical opinions or maybe doctors are just presenting a “white wall of silence” to the courts. And I really, really do not understand why most women are content to just let it stand. It can not stand; we must not let our basic human rights to be taken away.
Sarah Kline commented on Mar 07 11 at 5:52 pmI left hospital bedrest against doctors orders when I was 28 pregnant with my triplets. I went home for some peace and quiet and stayed in bed! They all warned me I wouldn’t last to my 32 week goal… and they were right, I only lasted to 31 weeks 5 days! It was my choice and it was the RIGHT choice and no doctor should be allowed to tell a women to stay on hospital bedrest till they have sat in the same room for TWO months! Doctor’s often take away bathroom “privileges’ from women. Ridiculous! No thanks I am NOT using a bed pan ever when I have two perfectly good legs that can walk me 10 feet to the bathroom.
KarmaDreams commented on Apr 07 11 at 8:40 pmThis is the biggest load of horse crap I have heard to date! Who the hell gives a doctor (a lot of which don’t know what they’re doing anyway, and mostly give educated GUESSES, or use WebMD like Kaiser doctors do) (or the judge for that matter) a right to determine whether or not this woman should be kidnapped and held against her will at a hospital instead of at home! Apparently the doctor didn’t know what he was doing since the baby died anyway. I am so sick and tired of hearing about these stories. No one has a right to tell you what you can or can’t do with your own body simply because they have a “God Complex”!
MayasMomma214 commented on Apr 04 12 at 6:29 pmmedical care in Florida is extrememly questionable to begin with. Just an FYI. My grandma was moved back to Missouri when she got sick- because the hospital she was at in Florida was seemingly tyring to kill her. She was so helpless when she got to Missouri, but within about 2 weeks of being off all the crap they had put her on in FL, she was perfect for another 3 years.
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