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Re: Fetus Abuse - Supreme Court Upholds Lower Court RulingFrom: Jerome Yankowitz (jerome-yankowitz@uiowa.edu)Wed May 27 13:16:54 1998
>>*** Supreme Court denies appeal in fetus abuse case >> >>The Supreme Court let stand Tuesday an unprecedented ruling that >>upheld the convictions of two pregnant, drug-using women by >>redefining a state child-abuse law to include a viable fetus. The >>justices denied an appeal by the two women who were arrested, charged >>and sentenced under the law. The women said the South Carolina >>Supreme Court's ruling undermined fundamental constitutional rights >>and will have far-reaching implications. I must say I find this discussion interesting. At different times of my life (probably most directly related to whether I feel conservative or liberal) I could see taking both sides of the issue. One question I have is whether the ruling specifically refers to the mother doing both an illegal activity and one that is potentially dangerous to the fetus? If legality is not an issue can the law be applied not just to smoking but poorly controlled diabetes (is this a way to pay for in-house glucose control--even if the "house" is jail?). How about if the woman uses a medication for a medical problem but it is reported to have effects on the fetus (anticonvulsants come to mind) and how about the doc who prescribed them? If the ruling only applies to the mother doing illegal acts, can the woman be convicted of child-abuse if she is caught speeding (can kill the fetus in an MVA), jay-walking (same), or robbing a bank (fetus could get killed in a shoot-out). I guess my main worry/thoughts relate to what else may come down the road related to this decision and WHO else may come down the road. Will health care providers be charged next?
-- Jerome Yankowitz, MD Director, Division of Maternal-Fetal Medicine and Fetal Diagnosis and Treatment Unit Dept of OB/GYN Univ of Iowa Hospitals and Clinics Telephone: 319-356-2574 Fax No: 319-353-6759
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