Question

Is Fetal Endangerment a Mother's Right? Jane is pregnant, 23 years old, unmarried, and the mother of four children by three fathers. She has been an insulin-dependent diabetic since the age of 12 but had no co 2 in tions from the disease during the earlier pregnancies. During clinic visits, Jane has been advised of the risks ofuncontrolled diabetes for her un- born child (increased risk for congental deformities, premature birth, and being stillborn) bur does not seem to take the advice seriously. When questioned about how she is monitoring her blood sugar, she complains that she is too poor to buy the test strips, and even when she has O the supplies, she often forgets. At 15 weeks' gestation, following an office visit, she is admitted to the hospital as an inpa tient to treat her diabetes. The next day, against her physician's advice, she checks herself out of the hospital even though the diabetes has not been fully brought under control. Once at home, she again fails to monitor her blood sugar adequately. At 22 weeks' gestation, Jane is again admitted to the hospital as her diabetes is again out of trol. The next morning, she again announces that she wishes to check out. The physi cian and unit staff advise her that her actions are clearly not in the best interest of the i responds negatively to the advice and becomes belligerent, demanding to be release etus. Jane d. 1. In this case, who has rights? Whose rights should prevail? Jane's? The fetus hospital staff's? Should the physician attempt to get a court order to keep Jane ho 2. keep Jane hospitalized?

Answer 1

1.An unborn foetus in previous law had no legal rights besides a mother's decision but today the law is also in favour of the foetus which deserves a healthy life after born.It greatly depends on how a mother cares for the foetus during pregnancy.Here the mother besides being informed about the ill effects of uncontrolled diabetes on the foetus (premature birth,congenital abnormalities, still born ).She is not accepting the treatment which is beneficial for her personally too rather than the foetus.In this case the foetus has the rights and the hospital staff are forced to take this case legally.

2.A court order usually gives a fetal guardian and the physician can make an attempt to get a court order to keep Jane hospitalized through the hospital policy and administration.