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doxydad

(1,363 posts)
Sat Jun 14, 2014, 06:49 AM Jun 2014

Who Owns Your Womb? Women Can Get Murder Charge for Refusing C-Sections

Melissa Rowland refused to undergo the cesarean surgery recommended by her doctor. She was later charged with murder after one of her fetuses was stillborn. Rowland accepted a plea deal, which made her criminally liable for child endangerment.

Three years ago Rinat Dray vehemently protested against the administration of a cesarean section in the birth of her third child. Throughout her pregnancy, she had prepared for a vaginal delivery after prior cesarean, or VBAC. However, on that July evening, according to a lawsuit filed by Dray, hospital staff overrode her refusal to submit to a cesarean. Hospital documents record Dray’s refusal, and also her physician’s decision to ignore that order. In a handwritten statement attached to her file, her doctor informed hospital staff that “I have decided to override her refusal to have a C-section.” Soon thereafter, doctors removed Dray’s third child by c-section.

http://www.alternet.org/civil-liberties/who-owns-your-womb-women-can-get-murder-charge-refusing-c-sections

48 replies = new reply since forum marked as read
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Who Owns Your Womb? Women Can Get Murder Charge for Refusing C-Sections (Original Post) doxydad Jun 2014 OP
If we don't reverse this, Ilsa Jun 2014 #1
Nonsense...it's no different than refusing treatment for your child for religious reasons. .. pipoman Jun 2014 #9
Are you seriously saying that doctors forcing women to have surgical procedures KitSileya Jun 2014 #13
It is refusing treatment for a viable human being. .. pipoman Jun 2014 #14
It is giving pregnant women less bodily autonomy than corpses, is what it is. KitSileya Jun 2014 #15
That is an outstanding response. kristopher Jun 2014 #33
I cannot keep the praise, as the concept is from diverse sources KitSileya Jun 2014 #34
Agreed! theHandpuppet Jun 2014 #39
We don't *force* people by law to provide their blood or tissues or bodily cavities to others... nomorenomore08 Jun 2014 #26
Very funny. KitSileya Jun 2014 #31
A woman is not a vessel and this isn't the 15th Century. WinkyDink Jun 2014 #36
It's absolutely different laundry_queen Jun 2014 #19
It's also, from what I've read, often been performed unnecessarily. n/t nomorenomore08 Jun 2014 #27
"She is not a vessel for a fetus." Such a basic and important truth. nomorenomore08 Jun 2014 #28
Does the viability of the fetus make a difference in these instances? NickB79 Jun 2014 #32
Yes it is. It is cutting into a woman's body without her permission. pnwmom Jun 2014 #22
It's different in that it is the woman's body being cut up instead of her beliefs. Gravitycollapse Jun 2014 #42
Freedumb that's what we have newfie11 Jun 2014 #2
Thanks for the post. gvstn Jun 2014 #3
How is this different from fundie parents being charged pipoman Jun 2014 #4
It's different in that the child is not yet a child Crunchy Frog Jun 2014 #8
A child carried to term isn't the same as a 90 or 120 day fetus. .. pipoman Jun 2014 #10
It's not legally a separate person Crunchy Frog Jun 2014 #12
It is still legally and medical a fetus. Major surgery on themselves isn't a choice parents face pnwmom Jun 2014 #23
It's more like a person being charged with murder for not donating a kidney. nt MH1 Jun 2014 #20
+1 nomorenomore08 Jun 2014 #29
Because the mother is also a patient. LeftyMom Jun 2014 #25
Did she do it for religious reasons? dilby Jun 2014 #5
Could not have been.... doxydad Jun 2014 #6
I guess that puts a damper on "home childbirths," since that might put the baby at risk. nt TheBlackAdder Jun 2014 #7
If you can charge women with murder, then you should be able to charge doctors as well. Crunchy Frog Jun 2014 #11
+1 nt laundry_queen Jun 2014 #18
+2 nomorenomore08 Jun 2014 #30
K&R nt redqueen Jun 2014 #16
DU Rec. Tuesday Afternoon Jun 2014 #17
Link to a related article theHandpuppet Jun 2014 #21
And there are a huge number of c-sections these days -- in some states close to 40%. n/t pnwmom Jun 2014 #24
Well, I don't know about this case, Manifestor_of_Light Jun 2014 #35
No, more facts are not needed. Women ought be allowed to give birth any way they deem fit. WinkyDink Jun 2014 #37
Even if a vaginal birth would result in fetal and maternal death? We don't have all the facts. Manifestor_of_Light Jun 2014 #38
It's the forcing I'm having trouble with. And I was, like Macduff, "not from woman born." WinkyDink Jun 2014 #40
Dray should have insisted thar criminal avebury Jun 2014 #41
What if her own life is at risk YarnAddict Jun 2014 #43
People have the right to refuse medical treatment. redqueen Jun 2014 #44
Unless she's unable to give informed consent it's up to her. LeftyMom Jun 2014 #45
K&R. Lunacee_2013 Jun 2014 #46
Good. randome Jun 2014 #47
Devil's advocate here... apples and oranges Jun 2014 #48

Ilsa

(61,692 posts)
1. If we don't reverse this,
Sat Jun 14, 2014, 07:01 AM
Jun 2014

being a woman of childbearing years is going to be intolerable in the US.

 

pipoman

(16,038 posts)
9. Nonsense...it's no different than refusing treatment for your child for religious reasons. ..
Sat Jun 14, 2014, 09:54 AM
Jun 2014

KitSileya

(4,035 posts)
13. Are you seriously saying that doctors forcing women to have surgical procedures
Sat Jun 14, 2014, 10:01 AM
Jun 2014

is the same as refusing treatment?

KitSileya

(4,035 posts)
15. It is giving pregnant women less bodily autonomy than corpses, is what it is.
Sat Jun 14, 2014, 12:30 PM
Jun 2014

You cannot be forced to even donate blood should someone be bleeding out right in front of you. Even if you were the only, rarest match, you cannot be forced to donate a kidney to your own child. Even if you die, and your child is dying right beside your corpse in the OR, they cannot remove any of your organs without permission to save your child.

But pregnant women are so much the incubators and less the human beings than you that you would allow them to be forced to have surgery to save someone not yet born? I call that monstrous.

KitSileya

(4,035 posts)
34. I cannot keep the praise, as the concept is from diverse sources
Sat Jun 14, 2014, 03:45 PM
Jun 2014

such as Shakesville, Tumblr posts and the like, even if the wording is mine. But yes, it is remarkable how many think women don't deserve bodily autonomy, even on a progressive message board.

nomorenomore08

(13,324 posts)
26. We don't *force* people by law to provide their blood or tissues or bodily cavities to others...
Sat Jun 14, 2014, 02:57 PM
Jun 2014

except in the case of pregnant women. Funny thing, that...

KitSileya

(4,035 posts)
31. Very funny.
Sat Jun 14, 2014, 03:08 PM
Jun 2014

I did point it out to them earlier, but they haven't had a time to respond...

It is absolutely intolerable that they talk about how women and people with uteri should sacrifice themselves for viable fetuses, when they aren't interested in making organ donation obligatory. In fact, many, many more die because they do not find donated organs in time than ever die as fetuses because the person who carries them deliberately prioritizes their own life over that of the fetus, which is their full right.

laundry_queen

(8,646 posts)
19. It's absolutely different
Sat Jun 14, 2014, 02:02 PM
Jun 2014

a C-section is a MAJOR surgery with huge risks and even when it goes well, there are long term consequences. A woman gets to choose what happens to her body...she is not a vessel for a fetus.

nomorenomore08

(13,324 posts)
28. "She is not a vessel for a fetus." Such a basic and important truth.
Sat Jun 14, 2014, 03:02 PM
Jun 2014

Yet it seems like even some on DU aren't fully on board with it.

NickB79

(19,233 posts)
32. Does the viability of the fetus make a difference in these instances?
Sat Jun 14, 2014, 03:16 PM
Jun 2014

Seeing as laws regulating abortion already take fetal viability into consideration to some extent, and the women in the OP are in labor, hours from delivery at that point.

Though as I wrote that, I remembered Bill Hick's comedy sketch about abortion:

"It's not a person until it's in my phonebook!"

pnwmom

(108,973 posts)
22. Yes it is. It is cutting into a woman's body without her permission.
Sat Jun 14, 2014, 02:42 PM
Jun 2014

It means putting the welfare of a fetus over the welfare of the woman. This is very different from refusing to treat an individual person.

Gravitycollapse

(8,155 posts)
42. It's different in that it is the woman's body being cut up instead of her beliefs.
Sat Jun 14, 2014, 07:16 PM
Jun 2014

I realize you don't think that is different. But, it is legally and ethically.

newfie11

(8,159 posts)
2. Freedumb that's what we have
Sat Jun 14, 2014, 07:08 AM
Jun 2014

Yes people can be stupid and it could cost them their lives ( or in utero baby), but it is their choice.
This may sound heartless but forcing a patient against their will must stop and now.
The ramifications in allowing this to continue and expand (and it will)are frightening.

gvstn

(2,805 posts)
3. Thanks for the post.
Sat Jun 14, 2014, 07:29 AM
Jun 2014

Very scary that women are being forced to endure any surgery against their will. It is hard to imagine that judges actually rule this way.

 

pipoman

(16,038 posts)
4. How is this different from fundie parents being charged
Sat Jun 14, 2014, 07:47 AM
Jun 2014

With child endangerment for refusing medical treatment for their child?

Crunchy Frog

(26,579 posts)
8. It's different in that the child is not yet a child
Sat Jun 14, 2014, 09:54 AM
Jun 2014

and the mother's body is what is being cut into against her will.

This can potentially open up a huge can of worms. What if a pregnant woman refuses fetal surgery, or bed rest, or some medication, or prescribed prenatal vitamins...? Where do you draw the line? Either pregnant women have sovereignty over their own bodies, or they don't.

pnwmom

(108,973 posts)
23. It is still legally and medical a fetus. Major surgery on themselves isn't a choice parents face
Sat Jun 14, 2014, 02:45 PM
Jun 2014

when they're choosing medical treatment for their living children.

LeftyMom

(49,212 posts)
25. Because the mother is also a patient.
Sat Jun 14, 2014, 02:49 PM
Jun 2014

Generally these cases where there's a dispute are medically complicated, and there's a disagreement about weighing risks to the mother against risks to the child. They're not cases where the woman is refusing a section for for no reason.

dilby

(2,273 posts)
5. Did she do it for religious reasons?
Sat Jun 14, 2014, 07:53 AM
Jun 2014

Was God telling her that she needs to just pray for a healthy child so she opted to forgo medical intervention to save the child? I am going to guess it was not for religious reasons because if it were then I think the story would have read differently, since she would have been labeled a crazy fundie who rejected science and killed her baby.

doxydad

(1,363 posts)
6. Could not have been....
Sat Jun 14, 2014, 07:56 AM
Jun 2014
Was God telling her that she needs to just pray for a healthy child so she opted to forgo medical intervention to save the child?

Could not have been God. He's way too busy matching up phoney losers on christian mingle

Crunchy Frog

(26,579 posts)
11. If you can charge women with murder, then you should be able to charge doctors as well.
Sat Jun 14, 2014, 09:57 AM
Jun 2014

Some women die from c-section complications, and some babies die from doctor incompetence. Let's do murder charges in those cases as well.

 

Manifestor_of_Light

(21,046 posts)
35. Well, I don't know about this case,
Sat Jun 14, 2014, 05:23 PM
Jun 2014

but when I had my one child, it was a choice of either a c-section or death. I am a small person. My wheelbase is too narrow for a normal delivery. The doctor and I both knew beforehand so that was a real easy decision.

But I don't know about this case. Sounds like we need more facts, like would the child have probably been stillborn anyway?

 

Manifestor_of_Light

(21,046 posts)
38. Even if a vaginal birth would result in fetal and maternal death? We don't have all the facts.
Sat Jun 14, 2014, 05:49 PM
Jun 2014

If I had refused a C-section I would be dead and so would my child. Sometimes it's that clear cut, and sometimes it's not that clear cut, the need for a C-section.

 

YarnAddict

(1,850 posts)
43. What if her own life is at risk
Sun Jun 15, 2014, 03:34 PM
Jun 2014

and she refuses a C-section? Is the dr. under any obligation to do an emergency c-section to save her life? If he/she lets her die because she refused surgery, is he/she exept from malpractice claims?

redqueen

(115,103 posts)
44. People have the right to refuse medical treatment.
Sun Jun 15, 2014, 03:37 PM
Jun 2014

Just sign a form saying you're making the choice on your own, against medical advice, and that's it.

You really didn't know this?

Lunacee_2013

(529 posts)
46. K&R.
Sun Jun 15, 2014, 04:30 PM
Jun 2014

Some of the replies in this thread are just crazy. What happens to, or inside, a woman's body is her own choice to make. Same thing goes for men. No one else should have the power to make such life or death decisions for other people. If I don't have control over my own body, then what do I have?

 

randome

(34,845 posts)
47. Good.
Sun Jun 15, 2014, 05:28 PM
Jun 2014

Because the first time this goes to the Supreme Court, it will be ruled unconstitutional. Even with the current Gang Of Idiots.
[hr][font color="blue"][center]“If you're not committed to anything, you're just taking up space.”
Gregory Peck, Mirage (1965)
[/center][/font][hr]

apples and oranges

(1,451 posts)
48. Devil's advocate here...
Sun Jun 15, 2014, 06:06 PM
Jun 2014

If a doctor is 95% sure that a c-section is necessary to save the life of the mother and / or baby, should that doctor be forced to participate in at least one person's death? Do doctors have the right to not take part in killing someone? Sure, there's legal liability, but the doctors also have to live with the outcome.

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