Pregnant Woman Ordered To Undergo Involuntary Medical Treatment

In an amicus brief filed today, the ACLU took on the State of Florida’s decision to order a pregnant woman to remain hospitalized indefinitely, and against her will. Samantha Burton, already a mother of two children, developed complications in her third pregnancy.

Ms. Burton had developed signs of miscarriage early in her pregnancy, and had been ordered on permanent bed rest by the hospital. Ms. Burton objected, indicating that with two children to support permanent bed rest was just not possible. She then asked to be discharged or to transfer to another hospital, the hospital refused the request because it was not in the best interest of the fetus, essentially involuntarily committing Ms. Burton to their care. This move was upheld by the Circuit Court of Leon Country who, in addition to committing her against her will, ordered Ms. Burton 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 that her fetus had already died in utero. She was released shortly after the surgery.

Ms. Burton’s case represents an alarming lurch forward by the State of Florida into the personal medical decisions of its residents and is violative of Ms. Burton’s constitutional rights. In this case the court determined that the same standard used to override a parent’s decision to refuse medical treatment on their child applied, despite the fact that Ms. Burton did not refuse treatment for her unborn, and not yet viable fetus, she refused treatment for herself. According to Randall Marshall, Legal Director of the ACLU of Florida, “[N]ot 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.”

If the Circuit Court decision stands, State requests for court intervention could be made any time a doctor personally disagrees with any aspect of a pregnant woman’s behavior and medical judgment. Ironically, the ramifications actually endanger, rather than advance, maternal and fetal health. Knowing that any disagreement over care could lead to involuntary medical commitment, some pregnant women will be discouraged from seeking pregnancy care at hospitals. Furthermore, current involuntary commitment laws sufficiently address those times when a woman is legitimately a threat to herself or her child while respecting a woman’s constitutionally protected right to make medical decisions for herself. Quite simply, these kinds of court actions represent nothing more than personal zealotry and have little to do with ever serving the best interests of mother and child. Ms. Burton made an informed decision to refuse medical care, and that decision must be respected.

Read more: abortion, civil rights, florida, privacy, womens rights

photo courtesy of billaday via Flickr.

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Disclaimer: The views expressed above are solely those of the author and may not reflect those of
Care2, Inc., its employees or advertisers.

John D.

2:37PM PDT on Sep 14, 2010

This is just wrong,wrong,wrong!!! Wake up people these politicans are trying anyway they can to "own" women and their bodies. It has nothing to do with fetuses. if they cared about fetuses so much why are they not helping women to get the health care they deserve? Why are women penalized and charged more by health care than men? This is the work of the sick religious right. It reeks! Next they will be trying to take our right to vote away. It is ownership not caring!!medical device design

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Steve G.

8:56PM PDT on Sep 9, 2009

No, anybody here who says the courts have the right to take another person's freedom of choice away is a criminal themselves. This is her choice and not the courts choice to make period . End of argument. If she had been my wife and the courts had made this order, I would have told them f--k you ,this is her life and her choice . And she would have been pulled out of that hospital. No doctor would have dared to stop me either .Rights are rights period, and no court has the right to take those rights from you.

Sophie T.

1:22PM PDT on Aug 27, 2009

I agree with Linda. The baby has to be taken care of, too, but she did have two other children she had to care for. But there is a costant need for balancing the needs of the mother and the eneds of the baby; the baby is more than a blip; they are a little life, just waiting to come foward. I don't know whether they were right or wrong, but there are many angles to consider: the mother's right to choose, vs. the benefits to the baby; the need for the two other children to be cared for vs. the life of the baby. But the baby is a big factor. It's a life, and she/he has rights, and the babies can't stick up for themselves. Someone has to.

Wini A.

3:51PM PDT on Aug 13, 2009

It is more than time for governments get out women's lives. No man has been exposed to such treatment as Terry Schiavo or this woman in FL. Women should have the same rights to control of our bodies as men do. A fetus is not more important that the living breathing children who needed this mother's care. I am appalled that any doctor thinks he has the right to tell a mother that the baby she is having is more important than the ones at home. Let's stop this nonsense and let women have the same rights as men, the right to make medical decisions for ourselves.

Ray L.

9:53AM PDT on Aug 11, 2009

Sounds like, for all practical purposes, the Taliban could be running the show. Women are basically worthless except as repositories for the valued male's sperm. This is all so stupid.

Jan K.

8:51AM PDT on Aug 11, 2009

Obviously no fetal monitoring was done. Malpractice.

Jan N.

4:18PM PDT on Aug 8, 2009

The state of Florida is known for inserting itself into individuals' personal medical decisions - Terri Schiavo, anyone? They don't want the government to provide health care, but they have no problem making medical decisions for people they don't know.

Kim C.

7:02PM PDT on Aug 6, 2009

HOw ironic that the very people that OPPOSE any kind of health care reform because the government will get between you and your doctor have no problem forcing this woman into treatment. This is more akin to a dictatorship. Too bad the article didn't give a more thourough storyline.
I have not had much trust in doctors since age 11. One doctor pretty much accused me of starving my daughter because she was small. Born weighing 7 pounds 3 oz, grew to 16 pounds at 12 monthes. She started walking the day she turned 10 monthes old. The doctor was an idiot. He assumed that because I was low income, I was also ignorant.
Just because a person has become a doctor does not mean they are open minded or willing to learn anything new outside of drugs.

Debbie Z.

4:19PM PDT on Aug 6, 2009

I thought the voice of the religious right and pro lifers would be silenced since Pres. Obama's election. The state of Fla. had no right to force the woman to remain hospitalized against her wishes. What about the other 2 children, who needed their mother's care? It's about time elected officials and doctors stopped treating women like children who are incapable of making informed decisions about their health!

Tierney G.

10:48AM PDT on Aug 6, 2009