Doctor gets pregnant woman confined to bed/hospital against her will to protect fetus

[stevenleser]

http://news.change.org/stories/doctor-gets-court-order-to-confine-pregnant-woman-against-her-will

Election 2010 consequences for women, minorities, etc. are in full swing. Besides congress, Republicans won large marjorities in many state legislatures and control the agenda. This has given folks like anti-choice doctors and hospitals cover for crazy things like this. From the above linked article:

"With issues like the Stupak Amendment and Nevada's Personhood Initiative in the national spotlight, I am aware that a woman's right to choose whether or not to carry a fetus to full-term is under attack.

What I didn't realize, perhaps naively, is that her right to choose how to carry a fetus is also under fire. Last March, Florida resident Samantha Burton was in week 25 of her pregnancy when she paid a visit to her doctor. Burton was showing signs of potential miscarriage, so her physician ordered bed rest. Burton explained that, as a working mother of two toddlers, bed rest simply wasn't a viable option and then proceeded to ask for a second medical opinion. Seems reasonable, right?

Her doctor, however, was having none of that. Rather than refer Burton for the desired second opinion, he instead felt it necessary to contact state authorities, who then proceeded to force Burton to be admitted to Tallahassee Memorial Hospital against her will and undergo any procedure the doctor felt like prescribing. When Burton had the audacity to request a change in the hospital in which she was being treated, the court denied her request. Three days into her forced hospitalization, Burton miscarried."

[Liquorice]

1. That is terrifying. It reads like a horror story. nt

[Tx4obama]

2. And she should sue the hell out of everyone, for illegal confinement/detention.

And maybe even 'kidnapping' charges would be in order.
Depending on the state, 'kidnapping' charges can be filed if a person is held against their will.

[stevenleser]

4. She tried, but lost in court and is now appealing with ACLU help

http://www.rhrealitycheck.org/reader-diaries/2010/01/13/court-forces-bed-rest-pregnant-woman

Case is in Florida's First District Court of Appeals.

[Tx4obama]

8. She WON. See comment #6 n/t

[speltwon]

15. It's not kidnapping

It's (if anything) unlawful imprisonment or unlawful detention. Kidnapping, per the model penal code necessarily involves moving the person from where they are, not detaining them where they are.

It sounds like a civil suit. If a proper order was issued (by proper I mean prima facie valid under proper authority) all involved will have good faith defense at a minimum from criminal prosecution. Suing is in order

[Tx4obama]

17. But she WAS moved

She was at her doctor's office and she was 'forced' to go to the hospital.

At the least there should have been Criminal Detainment charges brought. Right?

p.s. She did win the appeal. See comment #6.

[speltwon]

19. yea, I saw that

It sounds to me like a pretty good civil suit. It's just next to impossible to get criminal charges in a case like this, as fucked up as it is. Good faith, and the fact that proper process was at least attempted.

[Orrex]

3. She should have that "doctor" charged with murder

I hate to use the term because it's already been abused to the point of near-meaninglessness, but this is positively Kafka-esque.

Holy shit, what a fine nation we live in.

[aquart]

12. I agree. The last thing you do is stress a pregnant woman.

[inademv]

5. inb4 malpractice suit

I think it is well deserved in this case.

[Tx4obama]

6. UPDATE - she won the appeal !!!!!!

Excerpt:

So, why do we need an Equal Rights Amendment in 2011 anyway? Where do I begin? Let’s see, it is 2011 and women in the United States are still fighting for comparable worth, gender parity, and decision rights over their own bodies. The Bill of Rights does not do it, the 14th amendment does not do it, the 19th amendment does not do it. Why did we need a law like the Lily Ledbetter Act of 2010? Why does the A.C.L.U need a Reproductive Freedom Project? One landmark Florida example recently played out just a few blocks from the state capitol. In March 2009, Samantha Burton’s obstretrician sought a court order to enforce bed rest to keep her in the hospital. Burton, in her 25th week of pregnancy, started showing signs of miscarrying and was denied a second opinion by the doctor and the court system. After three days of state-compelled hospitalization and a forced cesarean section, Burton’s fetus was delivered as a stillbirth and she was subsequently released from the hospital and, in effect, state custody. In August 2010, attorney David Abrams, with the help of the A.C.L.U, won a landmark ruling in the Florida District Court of Appeal that affirmed the rights of pregnant women – the court ruled that the doctor and court were in the wrong and that Burton’s rights were violated.

http://quinnell.us/sspb/?p=9745

scroll about 1/4 down the page.

[LiberalAndProud]

9. Thank you Tx. It is reassuring to know that finally the courts affirmed the rights of this woman.

I wouldn't have believed this could happen in our country. But here it is. Dangerous precedent describes this atrocity only in the mildest terms.

[aquart]

11. But how much did they have to pay?

For all we know, the undue stress killed that child.

[Tx4obama]

13. Important thing is the court ruled, in her favor and no other woman should ever have to go thru....

the same hell she did!

[dmr]

16. WHAT? "state-compelled hospitalization and a FORCED cesarean section!!!!"

Denying her her right to a second opinion!

This has gone way to far. A forced cesarean at 25 weeks? That doctor was playing God, and God he isn't.

Makes you wonder how many other women this doctor & the courts have intimidated. My hope is he loses his license to practice medicine.

[guruoo]

26. So, will Right To Life now support 'unborn child' estate's right to collect damages?

Unlawful imprisonment?
Emotional distress?
Pain and suffering?
Compensation for future lost wages?

Did I miss anything here?

[ThomCat]

37. I hope she Sues that Bastard until he can Never Practice

medicine ever again. Anywhere! :grr:

That bastard imprisoned her against her will, the lower court helped him! :wtf:


He should be in Jail! She should own ever dollar he has ever made.

[arthritisR_US]

38. +1 n/t

[cui bono]

42. I hope she won more than a three day stay at the local hospital. n /t

[RandySF]

7. And we will see more of this

With so many states firmly under the heels of the American Taliban, we're going to see stories that make this seem tame.

[madmax]

10. This is really scary stuff

the term 'American Taliban' is definately starting to resonate with me. Teabaggers and their bullshit have got to stop and right now. We're slipping very quickly down the not so imaginary slope.

[Maru Kitteh]

14. stomach-churning K&R

[get the red out]

18. And her living children?

I guess, as usual, the Taliban doctor didn't give a damn about them since they were already born. Mom can't earn a living to support them? Who cares! They aren't fetuses anymore so they're now part of the problem.

[stevenleser]

25. Yup, living people always get thrown under the bus by the GOP and fundies n/t

[Aerows]

34. It has never been about the "fetus"

... it has always been about Puritanical views on sex imposed upon women.

[Horse with no Name]

20. You really can't shake loose a healthy baby

there obviously wasn't a viable baby--otherwise she wouldn't have miscarried. Nature has its own way of dealing with abnormal pregnancies.

She should sue for false imprisonment.

[alfredo]

21. Our attitude toward women

[Bandit]

22. USA...USA...USA

:shrug:

[truebrit71]

23. This is HORRIFYING...they forced her to have a C-Section? What country is this?

I am beyond pissed about this...:grr:

[RainDog]

24. hope she puts that doc out of biz n/t

[Matariki]

27. This story is over a year old.

I thought I'd seen it before, but was afraid it was a second time the same thing happened.

Do you know if there were any repercussions for the doctor who did this?

[old mark]

28. Probably because the trial and appeal took so long...nt

[tblue37]

29. Posters keep saying she was forced to have a C-section, but I

don't see that in the article. The article says it was forced bed rest. If the doc who demanded it was afraid the abby would come too soon, why would he force a C-section on her right then so that the baby would come immdediately?

It's still wrong, obviously, but where is the C-section stuff? It seems to me that the story is already suffciently horrific, without adding false details.

[smokey nj]

30. Read the update in reply #6, it's in there.

[davsand]

31. I saw this and immediately thought of The Handmaid's Tale by Atwood.

Very creepy stuff. I wonder sometimes if I need to get my teen daughter out of this country before it gets much worse for women.

I've spent years working to protect a woman's right to choose, and I have been on the front lines as a clinic escort and in NARAL sponsored booths and marches. I always thought that what I did, I did for other women and for the little girls out there that would one day face the issue of unchosen pregnancy. Now, I almost see it as a matter of survival if they are gonna force a woman to carry a dead or dying fetus up to the point the docs decide it is no longer viable.




Laura

[Pacifist Patriot]

36. There are definitely days I'm relieved to be perimenopausal.

Close, but not out of the woods yet.

[demodonkey]

32. I'd like to know who paid her hospital bill.

Do not be surprised if the hospital does not end up suing this woman, that they basically kidnapped, for "care" and "treatment" they will claim to have provided her while she was in their clutches. Even if she has insurance. And if she is sued, even wrongfully, the hospital will get a default judgment against her unless she can afford thousand of dollars for a lawyer to defend the suit. The hospital will then proceed to take the woman's home and/or anything else she owns that they can grab.

Beware that any hospital can make a so-called "mistake" either in diagnosis or billing, or they can actually lie about a patient's needs and condition. Especially one who is a squeaky wheel.

My mother and I are facing this scenario right now because a hospital she was in didn't bill her very ample and available health insurance. The hospital never even sent us a full bill for services they allege to have provided, instead they just sued us right off the bat for everything we have.

[laundry_queen]

33. Unbelievably horrifying

What I think a great majority of people fail to recognize is how pregnant women are treated - while cases like this are rare, I have heard of numerous women being forced into court-ordered cesareans before. When you are pregnant, honestly, most doctors are more interested in a 'good outcome' with the baby than anything you might want or need. I went through a doctor imposing his will on me when I was pregnant. It happens often if my old pregnancy and birthing message boards were any indication. Women don't matter to a lot of these doctors. You are not allowed to make your own decisions and you are expected to comply without question. I had a doctor 'fire' me for asking questions about what went on in one of my children's birth. So, while this case is extreme, it's not surprising to me, unfortunately.

[uponit7771]

35. At what point is this kidnapping? Thx in advance for any response

[Ilsa]

41. I would think the moment she was forced to remain in the hospital against

her will would be kidnapping and assault. The forced c-section would be assault and battery, IMO, if I was on a jury.

[and-justice-for-all]

39. SUE SUE SUE!!!!

[fascisthunter]

40. if I was her boyfriend, I'd probably get violent

and go to jail for it.