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Re: Cesarean Refusal Results In Murder Charge From: Joanne Bulley, MD (islesannie@yahoo.com) Fri Mar 12 12:16:48 2004 Messages sorted by: [ date ][ thread ][ subject ][ author ] Next message: Sue Smith: "Re: preterm ROM - reformed cervix?" Previous message: ainsron: "Re: Cesarean Refusal Results In Murder Charge" Next in thread: Garry E. Siegel, M.D.: "Re: Cesarean Refusal Results In Murder Charge" Reply: Garry E. Siegel, M.D.: "Re: Cesarean Refusal Results In Murder Charge" I agree -- I like the comment made by the public defender quotes in the St Loius article: "This is nothing if not a very novel legal theory," Sikora said. "If it prevails, it raises questions about what a mother can or cannot do with respect to the safety of her unborn child. If a doctor says this will be a very difficult pregnancy and you should get complete bed rest for the last three months and the mother doesn't and the baby is stillborn, is she guilty of murder? If she smokes, is it murder? If she doesn't eat right, is it murder?" There were "failures" on several sides. I disagre taht she should be charged with "murder" Is this quite likely part of the anti-choice plan: make these dramatic cases that get a lot of public emotions going -- leading closer and closer to reversing Roe v Wade? I am one who firmly believes the subject of abortion choice firmly belongs between the pregnant woman - and her spiritual counselor - and whatever may be there after death. It is not one of court and seculart jusridiction. I do think this case points out how difficult it is to care for the seriously mentally ill patient - especially when pregnant. I don't think it should go to the courts -- I think each city or county needs to have joint assessment and approach to be as sure as possible that pregnant women don't fall though such cracks where you end up woth no one responsible. I would think that this case points more to that - than that one single person is the direct cause of the still birth. Then to really muddy the waters and look at another potential slippery path: which child is "better off" - the one who is a live - but was in the womb with alcohol, cocaine and who knows what else - or the stillborn one who had the same in utero environment. (should I look for the flame suit in the closet?) Joanne At Fri, 12 Mar 2004, ainsron wrote: > >I agree that it is a slippery slope. From what I see, this woman did not >have the capacity to make a decision regarding how or when her baby should >be delivered. If she didn't have the capacity to make that decision, she >should not be prosecuted for murder of the child. The bigger question is >that if she didn't have the capacity to make a decision for herself and her >child, why didn't she have a court appointed conservator to make that >decision? Did her physicians meet their obligation to her and to her child, >or did she even have a physician? It sounded like she simply dropped in and >out of the system, visiting different hospitals at different times with no >one "responsible" for her. > >Ronald E. Ainsworth > >-----Original Message----- >From: ob-gyn-l@obgyn.net [mailto:ob-gyn-l@obgyn.net] On Behalf Of art >fougner, md >Sent: Friday, March 12, 2004 9:47 AM >To: Multiple recipients of list OB-GYN-L >Subject: Re: Cesarean Refusal Results In Murder Charge > >IMHO a dangerous precedent - the slippery slope beckons - I am >interested in what this group thinks. > >art > >At Fri, 12 Mar 2004, ainsron wrote: >> >>If you read the link to the SL Tribune article and see the details of the >>case, this woman had significant mental illness, history alcoholism and >drug >>abuse. To say what she did is akin to murder is grossly ignorant of the >>facts as presented. If the doctors had obtained a court order, they could >>possibly have saved this child. >> >>http://www.sltrib.com/2004/Mar/03122004/utah/147031.asp >>Ronald E. Ainsworth >> >>-----Original Message----- >>From: ob-gyn-l@obgyn.net [mailto:ob-gyn-l@obgyn.net] On Behalf Of art >>fougner, md >>Sent: Friday, March 12, 2004 6:39 AM >>To: Multiple recipients of list OB-GYN-L >>Subject: GEN: Cesarean Refusal Results In Murder Charge >> >>SALT LAKE CITY >>Stillbirth is called murder >>A woman who officials say ignored her doctors' warnings to have a >>cesarean section to save her twins was charged Thursday with murder >>after one of the babies was stillborn. >> >>Melissa Rowland, 28, exhibited a "depraved indifference to human life" >>that caused the baby's death, prosecutors said. >> >>An autopsy showed the baby died two days before its Jan. 13 delivery >>and that it would have lived if Rowland had undergone a C-section, as >>her doctors urged, between Dec. 25 and Jan. 9. >> >>A nurse told police that Rowland said a cesarean would "ruin her life" >>and that she would rather "lose one of the babies than be cut like >>that." >> >>http://www.freep.com/news/nw/nat12_20040312.htm >> >>art >> >>-- >>art fougner, md >>ich bin ein New Yorker >> >-- >art fougner, md >ich bin ein New Yorker > -- Joanne Bulley, MD Keene, NH, USA ----- "It is easier to understand a nation by listening to its music than by learning its language" -Anonymous Next message: Sue Smith: "Re: preterm ROM - reformed cervix?" Previous message: ainsron: "Re: Cesarean Refusal Results In Murder Charge" Next in thread: Garry E. Siegel, M.D.: "Re: Cesarean Refusal Results In Murder Charge" Reply: Garry E. Siegel, M.D.: "Re: Cesarean Refusal Results In Murder Charge"

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