Friday, December 2, 2011

Can Pregnant Women refuse care that may cause harm to fetus?

Can pregnant women refuse care that will harm their fetus?
Is it ok for pregnant women to refuse medical care or advice that may cause harm or possible death to their unborn child.  Women have been criminally charged, and prosecuted for not following the advice of a physician.  Harm to their unborn fetus was the result.  Do women have total autonomy over their own bodies? Patient autonomy is the belief that every human being of sound mind and adult years has the right to determine what shall be done to his/her own body.
Women are allowed to refuse care during pregnancy, even if that means harm to the fetus. It is not appropriate for medical personnel to seek legal assistance to force intervention that may prevent harm.  There can be differences in medical guidelines and state laws.  The patient needs to be made aware of all consequences, both criminal and medical, so she can make an informed decision.
This is a controversial subject since people may be criminally prosecuted for causing harm to an unborn fetus.  Mothers have been charged as a result of their actions and prosecuted as if the unborn fetus is the equivalent as a living baby.  The Unborn Victims of Violence Act (UVVA) provides legal coverage to intentional or unintentional harm caused by somebody other than the fetuses Mother.  The laws for unborn fetuses can be very controversial when it comes to their well being when living inside a woman. 
Jessica K.
References: Einstein Journal of Biology & Medicine; 2010, Vol. 25/26, p 45-48, The Physician-Patient Relationship in Light of Fetal Homicide Laws.