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Re: Cesarean Refusal Results In Murder Charge From: Robert J. Carpenter, Jr. MD (zygote@icsi.net) Sat Mar 13 11:53:08 2004 Messages sorted by: [ date ][ thread ][ subject ][ author ] Next message: Steve & Eryl Raymond: "Re: preterm ROM - reformed cervix?" Previous message: laure: "Re: Cesarean Refusal Results In Murder Charge" In reply to: Gail Waldby: "Re: Cesarean Refusal Results In Murder Charge" Next in thread: Richard Chudacoff, MD: "Re: Cesarean Refusal Results In Murder Charge" Reply: Richard Chudacoff, MD: "Re: Cesarean Refusal Results In Murder Charge" If the MD at Utah had reason to believe than she was not competent, then they did have a duty to institute guardianship proceedings in the best interest of the fetuses. It appears that this will be a case of note against a deranged individual who probably should have been under care of psychiatrists as well. We will see what the facts of the case are! RJC On 12 Mar 2004 at 16:24, Gail Waldby wrote: > Members, this is a difficult case. The civil rights movements brought > rights to the mentally ill to chose treatment, unless declared > incompetent. To be declared incompetent because of mental illness, > you must be a danger to yourself or others. Clearly, she was a danger > to others, her babies, so should have been declared incompetent and > essentially committed to the hospital to have the C-section. This is > not a well-trod legal path, though, which means that to get this > through the courts in time to make a difference, would be difficult. > > The question is, then, whether she was competent until declared > incompetent by the slow moving legal system. Even, then, what will > they do? Of course, the Andrea Yates case showed that being legally > incompetent because of psychotic depression did not keep her from > being legally responsible in the US court system. Gail Waldby, MD > Huron SD > > Garry E. Siegel, M.D. wrote: > > Boy, what a tough one. > > > > Can a person refuse an operation? Of course! > > > > Was she competent to refuse? > > > > Joe, we need your legal eagle opinion, please. > > > > Garry > > > > -- > > Garry E. Siegel, M.D. > > Private Practice > > Roswell, GA > > > -- Robert J. Carpenter, Jr. MD 6624 Fannin, #2720 St. Luke's Medical Tower Houston,TX 77030-2339 713-795-4600 Next message: Steve & Eryl Raymond: "Re: preterm ROM - reformed cervix?" Previous message: laure: "Re: Cesarean Refusal Results In Murder Charge" In reply to: Gail Waldby: "Re: Cesarean Refusal Results In Murder Charge" Next in thread: Richard Chudacoff, MD: "Re: Cesarean Refusal Results In Murder Charge" Reply: Richard Chudacoff, MD: "Re: Cesarean Refusal Results In Murder Charge"

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