Friday, July 17, 2009

Refusal to consent to a CS Child Neglect!

Ok, so found this while trolling the OB.NET board..

Very interesting... http://volokh.com/posts/1247782973.shtml

A case where good old DYFUS (NJ for ya...) claimed child neglect because laboring mom refused a cesarean! Took her child away! This is the opinon notes from the court hearings...

I can't go into the whole thing, but here are some bits I found refreshing!

The decision to undergo an invasive procedure such as a c-section belongs uniquely to the prospective mother after consultation with her physicians. To allow such a decision to factor into potential charges of abuse or neglect requires a prospective mother to subjugate her personal decision to a governmental agency's statutory interpretation creating a scenario that was neither contemplated nor incorporated within the four corners of the relevant statutory language. Her decision on matters as critical as this invasive procedure must be made without interference or threat. V.M.'s decision to forego a c-section had no place in these proceedings.

Follow that up with:

As the hospital records reflect, V.M. was "combative," "uncooperative," "erratic," "noncompliant," "irrational" and "inappropriate." She ordered the attending obstetrician to leave the room, did not allow the obstetrician to perform an ultrasound examination, told a nurse that "no one [was] going to touch [her] baby," refused to continuously wear the face mask that provided her with oxygen and would not remain still in order to allow for fetal heart monitoring and the administering of an epidural.

So how is that child abuse? It is not!

Our birth climate is so messed up! Women should not be afraid of legal consequences, of child protection services taking their children away because they refuse a cesarean!

In this case, even though the OB's claimed the baby was in distress, and mom was putting baby's life in danger, upon vaginal delivery, the baby was FINE! So how was the baby in so much danger to not show a mark after delivery? Because there was no danger!

So tired of defensive medicine. Tired of women being scared into submission. What will it take to wake things up?

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