VeritasMama Posted March 8, 2013 Share Posted March 8, 2013 http://tampa.cbsloca...ency-c-section/ So, a doctor threatened to call the police because a woman refused an emergency c-section: "The email stated: “I am deeply concerned that you are contributing to a very high probability that your fetus will die or your child will incur brain damage if born alive. At this time, you must come in for delivery. I would hate to move to the most extreme option, which is having law enforcement pick you up at your home and bring you in, but you are leaving the providers of USF/TGH no choice.â€"" It sounds like there was a serious medical reason for wanting to do a c-section: "Doctors did, though, believe the lives of Epsteen and her baby were in danger. Epsteen had developed gestational diabetes and an ultrasound Tuesday showed the baby in distress. That’s when doctors told her to immediately go to Tampa General Hospital and have a C-section. She didn’t want to give birth that day because her husband was at work while she had the family’s only car and also she didn’t have anyone to watch her 2-year-old." So, this woman sounds like an idiot, but can a doctor really get law enforcement involved to force a mother to have an emergency c-section when they refuse treatment? Anyone know what the law has to say on this? I've had an emergency c-section, I can't imagine not having one when a doctor says the baby is in distress, but can a doctor really force you to have one? Anyone in Florida know if this doctor was bluffing? Quote Link to comment Share on other sites More sharing options...
SproutMamaK Posted March 8, 2013 Share Posted March 8, 2013 I don't see how legally the law does not recognize an unborn baby as a person, but could force someone who IS a legal person to do something against their will to save what is (in the eyes of the law) a nonperson. That was a very confusing sentence. I hope someone other than me understood it. Quote Link to comment Share on other sites More sharing options...
butterflymommy Posted March 8, 2013 Share Posted March 8, 2013 I could be wrong, but I believe the personhood status of the fetus differs state to state. So in some states, if you kill or hurt a pregnant woman causing a miscarriage/ death of the baby, you can be tried for murder of the baby. I've even read stories of pregnant women who attempted suicide or did drugs, and had a stillbirth, and were tried for murder. So if the unborn baby has personhood status in FL, the dr could get CPS involved much as they would if a parent refuses treatment for their child that is deemed medically necessary. This story reminds me of the surrogate case in the news, where the baby had severe defects and the parents wanted her to abort but she refused. She ended up moving to a different state where she would be recognized as the legal mother. But I did wonder if legally she could have been forced to abort, since it was in the surrogate contract she signed, that the baby would be aborted if a poor prenatal diagnosis was made? Quote Link to comment Share on other sites More sharing options...
Parrothead Posted March 8, 2013 Share Posted March 8, 2013 They can't just have LE pick somebody up out of there home and take them to the hospital whereby a forced section would be performed. The doctor would have to get a court order for the pick up. The poor woman who is unprepared to go to the hospital would probably be just as unprepared to appear before the judge to state why she shouldn't be forced into having an emergency operation. Quote Link to comment Share on other sites More sharing options...
Parrothead Posted March 8, 2013 Share Posted March 8, 2013 What I don't get is the doctor issued an apology. Why the change of heart? Was/Is the baby in distress? Was it a temporary thing? Often times doctor's develop a god complex. Sometimes they are just trying to CYA and act prematurely. And seriously what doctor sends an email about an emergency? Some people don't check their email for days at a time. How would you feel if your doctor sent you and emergency email yet you were out of town for 2 days or sick in bed or just too busy to check. Then out of the blue the cops are busting down your door, terrorizing your 2 year old while they handcuff a your very pregnant self and tell you that you are having an emergency section as soon as they get you to the hospital all because you didn't read your email. Yeah, email is the way to contact people during an emergency. Sure. The doctor is as nuts as the woman. Quote Link to comment Share on other sites More sharing options...
dirty ethel rackham Posted March 8, 2013 Share Posted March 8, 2013 If you read more on this case, the situation has been resolved. The doctor has pulled back from his inflammatory language. The mom was listening to his concerns, but she needed to make childcare arrangements for her very young child and her husband was at work without a car. All the doc heard was a refusal, not a "yes, but let me get things taken care of so I can come it and do it." Quote Link to comment Share on other sites More sharing options...
dbmamaz Posted March 8, 2013 Share Posted March 8, 2013 i have read about women being taken in hand cuffs in the middle of a home birth, to a forced c-section. but yes, the doctors did have to get a court order. i'm not a libertarian, but this kinda stuff makes me :cursing: :angry: Quote Link to comment Share on other sites More sharing options...
Forget-Me-Not Posted March 8, 2013 Share Posted March 8, 2013 Yeah, they'd have to get a court order. It's been done before, but it's rare (thankfully) and I think the hospital has a pretty heavy burden of proof to justify performing surgery on someone against their will. The doctor was probably instructed to issue the apology by the hospital as part of their damage control measures. They've likely pulled the wrath of JHACO, and who knows what else, down upon themselves with this little stunt. Quote Link to comment Share on other sites More sharing options...
Flowing Brook Posted March 8, 2013 Share Posted March 8, 2013 I am glad it has been resolved Quote Link to comment Share on other sites More sharing options...
VeritasMama Posted March 8, 2013 Author Share Posted March 8, 2013 Thanks for the update, I'm glad it is resolved. I don't think anyone should be forced into any type of medical treatment, but it does become complicated when another person is involved... Then again, I can't imagine doing everything possible to make sure I recieved treatment right away if my baby was in distress. I was surprised with the harsh language of the email, and that it was an email. I wonder if the apology was the hospital trying to save face to avoid legal problems, as the email sounded threatening and she could probably find a lawyer willing to sue for emotional damages or some other reason. I'm sure the PR dept. wasn't too happy either. Then again, the hospital could also be sued if the delayed c-section caused the babies death or a severe injury or impairment, so that may also account for the harsh tone the doctor took. One other thing that popped into my head, the woman was a week past her due date. She was well aware that she could be going into labor at any moment, so why didn't she already have childcare lined up for when she went into labor? It seems like a plan for when she went into labor should have already been devised, why couldn't she simply activate that plan once she found out the baby was in distress? Instead, she scheduled a c-section for three days later. Would you really plan an emergency c-section around your schedule like that? It seems like one day would be sufficient to get your ducks in a row, especially if those ducks should have already been lined up, so to speak. Quote Link to comment Share on other sites More sharing options...
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