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The ACLU has agreed to defend a Florida woman's rights to make her own medical decisions.
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?
The potential ramifications of Florida's actions are huge and worth watching.
The ACLU believes her rights to personal privacy supercede medical advice. This woman has two young children and issues of care for them (not to mention making a living) were undoubtedly uppermost in her mind--evidently, the court is somehow more concerned with the unborn than three sentient individuals.
What do you think?