.
February 11, 2010
Marie Hofer
Pregnancy can make women incompetent when making medical decisions…or so it would seem. Angry yet? Then keep reading.
Recently, in Florida’s capital city of Tallahassee, Samantha Burton, a married mother of two in her late 20’s, was forced by a court order to remain in the hospital to protect her unborn baby. Her doctor believed her fetus would be endangered further if she left. While protecting the fetus is important because it is a stage of life and deserves respect, this case is not upsetting because of fetal life being disrespected. Instead, it is upsetting because her desire to change hospitals was refused.
Burton did not want an abortion. In fact, she obtained prenatal care. She went to the hospital on her own after experiencing symptoms she’d been told to watch for due to a rare condition she developed during her pregnancy. Sounds like a woman competent enough to make her own decisions…right? She was forced by the court order to remain in Tallahassee Memorial Hospital, violating her Constitutional right to ‘‘choose or refuse medical treatment while competent.”
She felt she was not getting adequate care for herself or the baby at Tallahassee Memorial Hospital. So she should have been allowed to transfer hospitals, but after she was forced to remain in the hospital in spite of her wishes. Regardless of whether it was the unfortunate condition she had developed or inadequate care from the hospitals, she gave birth to a stillborn fetus a few days later.
”I was desperately hoping to receive the care I needed to save my baby,” Burton wrote in her statement. ”However, after a few days there, I did not feel I was receiving the care I needed, and instead of being allowed to leave or go to another hospital, I found myself being ordered by a judge to stay at Tallahassee Memorial and submit to all medical care from its hospital staff, whether I agreed or not.”
Six months after her traumatic event she is now suing, not for money or any type of compensation, but for the prevention of a terrifying precedent being set. She wishes to appeal her case so that women can be saved from being forcibly given medical treatment against their wishes.
I find this case particularly disturbing because she wanted medical attention for the life inside her. She was in no way attempting to endanger or harm her fetus. She wanted the best care possible and felt she was not receiving it at Tallahassee Memorial.
No court should ever decide whether a competent person should receive medical treatment let alone where they should have to recieve it. What are our constitutional rights worth if courts do not respect them?
Loading ...
