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Re: Cesarean Refusal Results In Murder ChargeFrom: Valerie Jacobsen (valjacobsen@yahoo.com)Wed Mar 17 09:40:25 2004
>Yep, more than likely, the MDs will get sued for NOT getting a court order >for a c-section Why not a murder charge? If this prosecution is successful, what is there to protect any of us? If Rowland had been threatening to knife herself, who would have handed her an AMA waiver? Police, judge, detention, salvation. If Utah (and other states) say that the same care must be taken for a term fetus as for any other person, why should a malpractice suit be our greatest fear? Why not a first degree murder charge? Why is NOW the only group screeching about this prosecution? ACOG, AMA, ANA, APA.... We should be on this one, imho. If Rowland's indication for a Cesarean *was* absolute and patient and providers *both* took minimally protective measures and *that's* a good cause for at least one murder charge, who's to say that lesser indications might not eventually be used to form a murder charge? A certain number of women with a single minimally reactive tracing (followed by reassurances) *will* have stillbirths--and maybe not a very much larger percentage than you'd find in a group of women with red hair or women who drive SUVs. Juries focus on OUTCOME. Grand juries. Same folks. Historically, they are unable or unwilling to make a difference between malpractice and "bad luck" in civil cases. Should we be confident that they'd do better with criminal ones? Are district attorneys a different species from judges who don't know to throw out some malpractice suits on day one? "It'll never happen to an obstetrician or an obstetrical nurse. That's too far-fetched." A few months ago I would have said the same about a then-hypothetical Rowland. If our culture doesn't quickly get some intensive schooling on the fact that with pregnancy, labor, and delivery there *are no guarantees* and superior care *will not eliminate many bad outcomes*, I do not feel hopeful.
-- Valerie Jacobsen, RN, BSN, MS
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