‘Healthy’ Battery?

My mom is currently taking a law degree & she feels the need to have me edit her assignments.  One of her answers on her most recent assignment included the following as part of her answer:

Even if the treatment is necessary to save the patient’s life, if the doctor proceeds against the patient’s wishes, he can be sued.

That’s the theory, anyway. Too bad reality doesn’t work that way.  I know far too many women who’ve had their refusals ignored, or had procedures performed without even being asked, much less given a chance to refuse.  Very few of them feel as though they have any recourse and the few who’ve tried to do something about it find that because they are apparently healthy and their babies are healthy, no one will take any action.

If police and lawyers would actually uphold the law and start charging/suing medpros for their assault and battery of birthing women, maybe there would be a lot fewer women being abused during birth.

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2 comments on “‘Healthy’ Battery?

  1. That treads a very fine line. If the physician follows the denial and a patient dies they will be sued. If he disregards the patients refusal and both mother and child live he will get sued. So basically damned if you do damned if you don’t. That scenario will lead to fewer and fewer ob physicians willing to practice. Who do we sue then, when no prenatal care is available because physicians are afraid to practice. The government?

    • If the patient is fully aware of the risks of a decision, refuses and has that refusal is properly documented, the doctor would win a lawsuit, assuming it even got that far. People need to always have the right to bodily autonomy and refusal of treatment, even if they’re pregnant.

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