Current Legal Issues In Health Care Case Study
Current Legal Issue
Carrie "Shellie" Cobbs
University of Phoenix
Legal Issues in Health Care: Regulation and Compliance
HCS 430
John Weiss
April 27, 2014
Current Legal Issue
Is a woman completely in control of her own body? This question has been in controversy for many legal cases brought to court. Women have lost many cases in court when it comes to being able to use and care for their own body as they want. This issue is especially current when the woman is pregnant and the fetus’ health is in question.
The case Samantha Burton v. State of Florida, case number 1D09-1958, “an appeal of a circuit court order compelling a pregnant woman to submit to any medical treatment deemed necessary by the attending obstetrician, including detention in the hospital for enforcement of bed rest, administration of intra-venous medications, and anticipated surgical delivery of the fetus” (Samantha Burton v. State of Florida, 2010). Samantha Burton was a 29 year-old mother of two children …show more content…
Burton was willingly seeking medical care for herself and her unborn child at the direction of her own obstetrician. Ms. Burton met the opinion of a physician who pushed unwanted care onto Ms. Burton and enacted legal action against her. Diana Kasden, attorney with the American Civil Liberties Union (ACLU), said, "Women do not relinquish their right to determine their own medical care when they become pregnant” ("ACLU brief," 2010, p. 1).
Fetal rights In the case of Samantha Burton v. State of Florida the fetal rights were being championed by Ms. Burton’s physician by ordering her to stop smoking immediately and to remain on strict bed rest for the remainder of her pregnancy to help the fetus remain in utero for the longest time possible. The fetus has no voice and for many people no rights until it is born. The physician was acting upon the best interest of the fetus but did not allow the mother to be transferred to another hospital to get another opinion.
Right to
Carrie "Shellie" Cobbs
University of Phoenix
Legal Issues in Health Care: Regulation and Compliance
HCS 430
John Weiss
April 27, 2014
Current Legal Issue
Is a woman completely in control of her own body? This question has been in controversy for many legal cases brought to court. Women have lost many cases in court when it comes to being able to use and care for their own body as they want. This issue is especially current when the woman is pregnant and the fetus’ health is in question.
The case Samantha Burton v. State of Florida, case number 1D09-1958, “an appeal of a circuit court order compelling a pregnant woman to submit to any medical treatment deemed necessary by the attending obstetrician, including detention in the hospital for enforcement of bed rest, administration of intra-venous medications, and anticipated surgical delivery of the fetus” (Samantha Burton v. State of Florida, 2010). Samantha Burton was a 29 year-old mother of two children …show more content…
Burton was willingly seeking medical care for herself and her unborn child at the direction of her own obstetrician. Ms. Burton met the opinion of a physician who pushed unwanted care onto Ms. Burton and enacted legal action against her. Diana Kasden, attorney with the American Civil Liberties Union (ACLU), said, "Women do not relinquish their right to determine their own medical care when they become pregnant” ("ACLU brief," 2010, p. 1).
Fetal rights In the case of Samantha Burton v. State of Florida the fetal rights were being championed by Ms. Burton’s physician by ordering her to stop smoking immediately and to remain on strict bed rest for the remainder of her pregnancy to help the fetus remain in utero for the longest time possible. The fetus has no voice and for many people no rights until it is born. The physician was acting upon the best interest of the fetus but did not allow the mother to be transferred to another hospital to get another opinion.
Right to