Court-ordered obstetrical intervention and the rights of a pregnant woman
Thampapillai, D.
Journal of Law and Medicine 12(4): 455-461
2005
ISSN/ISBN: 1320-159X PMID: 15957588 Document Number: 590098
Cases of court-ordered obstetrical interventions are not common but have caused great controversy in the United States, Canada and Britain. At stake for the pregnant woman is her right to have autonomy over her body and control over the medical treatment that she receives. However, with growing medical knowledge of the fetal condition, there is a case to suggest that the fetus should have some rights in cases where the decision of the pregnant woman to refuse treatment would cause severe harm to the fetus. The article argues that though the case against intervention is extremely strong, court-ordered obstetrical interventions should still be possible in extreme cases.