ACLU Asks Florida Court To Protect The Rights Of Pregnant Women To Refuse Medical Care

[ccharles000]

Tallahassee, FL – The American Civil Liberties Union and the ACLU of Florida today filed a friend-of-the-court brief opposing the state's decision to force a pregnant woman to remain hospitalized against her will.

"Women do not give up their right to determine the course of their own medical care when they become pregnant," said Diana Kasdan, a staff attorney with the ACLU Reproductive Freedom Project. "Faced with similar cases, courts throughout the country have made clear that pregnant women have a right to make decisions about their own health, including refusing medical care."

In March 2009, the Circuit Court of Leon County 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.

"We should all be alarmed by Florida's wholly unwarranted intervention in Samantha Burton's care," said Randall Marshall, Legal Director of the ACLU of Florida. "Not only is it unconstitutional for the state to override a pregnant woman's decision to refuse medical treatment, but the medical community, including the American College of Obstetricians and Gynecologists, the American Medical Women's Association, and the American Medical Association, strongly advises against it."

According to the ACLU's brief, "f the decision below stands, it invites State requests for court intervention in nearly all aspects of pregnant women's behavior and medical judgments. In turn, some women will be discouraged from coming to a hospital for pregnancy care if they know that any disagreement may lead to forced medical treatment. Such a result does not advance maternal and fetal health by any measure and is not constitutionally permissible."

http://www.aclu.org/reproductiverights/pregnancy/40571prs20090803.html

[madfloridian]

1. Oh my, the hospital refused to transfer her. She was actually held against will.

"Samantha Burton (mother of two young children) had developed signs of miscarriage early in her pregnancy, and was ordered to permanent bed rest by the hospital. She objected, stating that with two children to support, permanent bed rest wasn't possible. When she asked to be discharged or transfered to another hospital, the hospital REFUSED the request because "it was not in the best interest of the fetus," essentially committing Ms. Burton involuntarily to their care.

The move was upheld by the Circuit Court of Leon County who, in addition to committing her against her will, ordered her to undergo any and all medical treatments deemed necessary by the "treating physician of her unborn fetus" to save her fetus, holding that "the ultimate welfare of the fetus overrode Ms. Burton's constitutional right to make medical decisions for herself."

After three days of forced medical confinement, doctors performed an emergency Cesarean section on Ms. Burton and discovered her fetus had already died in utero. She was released shortly after the surgery.

Suppose her doctor had decided to force her into hospitalization because she smoked or had high blood pressure? Imagine what would happen if any women unable or unwilling to follow medical advice were treated as criminals and involuntarily hospitalized during pregnancy. Suppose that medical advice extended to "healthy diet" or exercise? What about the case of drug users? Should they be essentially imprisoned during a pregnancy?"

http://www.rantrave.com/Rant/ACLU-to-defend-pregnant-woman.aspx

Thanks for posting that. I owe the ACLU another donation.

[NashVegas]

3. They Put Her Life In Jeopardy, And Refused Her Consitutional Right ...

to an abortion - although, technically, it would have been more like D & C of an unviable fetus.

Considering the miscarried fetus required emergency c-section, I think it's reasonable to assume Ms. Burton's health and life were both jeopardized.

[charlie]

6. "the ultimate welfare of the fetus overrode Ms. Burton's constitutional right"

Okay, who are these circuit court asshats and what law are they citing? In spite of Jeb and Republicans' best efforts, a fetus is not a person in Florida. So, are these idiots declaring every fetus a ward of the state?

[madfloridian]

7. It does sound that way. Surprised this is not getting more attention here.

But then when I post about women's rights here at DU, I usually get put down or just ignored. Not sure which is worse anymore.

This is bad stuff.

[charlie]

8. I'd really like to see the smoke and lint they used

to justify their decision, it must be an epic example of contrived reasoning. These ideological crackheads are no different than the old Jim Crow jurists and should be fully exposed by name for their abuse of authority. And booted.

Kick. This IS bad stuff.

[madfloridian]

2. Kick

Too much interference in women's health care.

[ensho]

4. kick - we don't lose our minds while pregnant - really

if anything our wits are sharpened

its that 'survival' thing, you know

[madfloridian]

5. Confined indefinitely, forced to undergo treatments to save fetus....what about mother?

"to be indefinitely confined to Tallahassee Memorial Hospital and forced to undergo any and all medical treatments deemed necessary to save her fetus."

We are getting into some really weird territory here.

This is scary.

Can you imagine what that court would have done to her if she were late term and not early term?