Friday, March 12, 2004
Refuse Surgery, Become a Murderer
I know a lot more about cesarians now than I ever did in the past, and I recognize that despite their common use as delivery methods, there is a certain degree of risk and permanent trauma that results from the procedure. Given its risks and side effects, I think it is a woman's right to decide if she wants to have this procedure performed on her. But not in Salt Lake City. A woman with twins rejected the proceedure, and one of her children was stillborn. Now she is charged with the murder of that child.
To be fair, I recognize that this woman does have problems. She was a drinker, a smoker, and used cocaine. She apparently had little prenatal care from any source. But her fear of the procedure was a valid one. This case has disturbing implications in that it takes a patient's right to determine the course of their medical treatment away andgives it to the government.
Utah's got a funky fetal homicide law. The law allows defendants charged with murdering a pregnant woman to be prosecuted for the death of the fetus at any stage of its development. The law does provide an exception for legal abortion, however. It seems to me that Utah in stating killing a fetus is murder, except in the case of a state-sponsored execution.
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