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Re: Cesarean Refusal Results In Murder ChargeFrom: Gail Waldby (gwaldby@willinet.net)Fri Mar 12 15:23:25 2004
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.
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