Homework #41: Independent Research

"What Are Mothers' Rights during Childbirth? - Health - Women's Health - Women's Health - Msnbc.com." Breaking News, Weather, Business, Health, Entertainment, Sports, Politics, Travel, Science, Technology, Local, US & World News- Msnbc.com. Web. 31 Mar. 2011. <http://www.msnbc.msn.com/id/5012918/ns/health-womens_health/>.

            This article talks about a woman who refused to undergo a caesarean, as she trusted herself to birth her 11-pound child vaginally. When the hospital required the operation, she left and found another hospital that was willing to support the vaginal birth of her child. Upon her departure the hospital sought legal guardianship of her unborn child, so that if she were to return, they would legally be allowed to perform the C-section. The article then goes on to discuss several cases where similar occurrences happened. At the end they question whether it is ethical or not to allow a mother to refuse the care.

"The Rights of Childbearing Women : Free Downloadable Brochure or Buy as Handouts :: Childbirth Connection." Childbirth Connection: Helping Women and Families Make Decisions for Pregnancy, Childbirth, Labor Pain Relief, the Postpartum Period, and Other Maternity Care Issues. Web. 31 Mar. 2011. <http://www.childbirthconnection.org/article.asp?ck=10084>.

Listed is a set of rights that a mother has during her pregnancy and childbirth. Among these rules are those such as a woman can choose her care provider, she has the right to be informed about the risks and benefits of each operation, and that she has the right to refuse or accept any treatment. However there is a side note that this last right has been legally challenged in the past couple of years.

Goer, Henci. "Why Are Women Stripped of Their Rights during Labor and Delivery?" Blog | Double X. Web. 31 Mar. 2011. <http://www.doublex.com/blog/xxfactor/still-cruel-maternity-wards>.

After giving many examples of abuse in the maternity ward, Goer begins to protest the actions. She explains her views on the subject, how she believes this abuse is a result of the doctor’s desire for convenience and fear of liability. She makes the point that in any other situation, this mistreatment would be looked down upon heavily.

"Maternal vs. Fetal Rights." Santa Clara University - Welcome. Web. 31 Mar. 2011. <http://www.scu.edu/ethics/publications/iie/v1n2/pregnant.html>.

Discussed here is the right of the woman during pregnancy. The mother has no obligation to alter her own life for her child. In no other situation would one person be forced to risk his or her own life for the sake of another’s. However some argue that the child has the right to come into the world in a healthy state. But there is a tipping point, where will the line be drawn? If women are being forced into caesareans, what other procedures around their birth can they still be legally obliged to suffer through?

Coutts, Mary C. "Maternal-Fetal Conflict: Legal and Ethical Issues." Bioethics.georgetown.edu. National Reference Center for Bioethics Literature. Web. 31 Mar. 2011. <http://bioethics.georgetown.edu/publications/scopenotes/sn14.pdf>.

This article revolves around the different risks a mother poses to her unborn fetus. It then goes on to discuss the role of the doctor in the mother’s decisions and if it is their responsibility to interfere in the mother’s actions. Court cases are also discussed such as Roe vs. Wade, limiting or expanding the rights of a woman during her pregnancy. Not only is the doctor’s relationship to the mother discussed, but also his or her responsibility towards the fetus.

"Maternal-Fetal Conflict: Ethical Topic in Medicine." UW Departments Web Server. Web. 31 Mar. 2011. <http://depts.washington.edu/bioethx/topics/matern.html>.

Discussed here is the reason for this conflict. They address the fact that the relationship between mother and fetus has begun to change; they are no longer seen as one unit, but instead two separate persons. It then continues on to answer questions such as, does a fetus have rights, and when does it officially become a person? The main point that is trying to be administered is that a mother and fetus must be evaluated separately in terms of medical procedure, and the decision should be carried out once this information is assessed.

"The Science Creative Quarterly » LEGAL RIGHTS AND THE MATERNAL-FETAL CONFLICT." The Science Creative Quarterly. Web. 31 Mar. 2011. <http://www.scq.ubc.ca/legal-rights-and-the-maternal-fetal-conflict/>.

There are two sides to this argument. Some feel that if a fetus has rights, then the state is obliged to protect these rights and the fetus. As the fetus develops, it slowly becomes more of a person and gains more rights. However the fetus is still dependent on the mother throughout the gestational period. This would in fact mean that the fetus is a part of the mother’s body, thus giving her all rights to the fetus. The conclusive answer is determined by which theory the person holds their beliefs.

"Forensic Implications and Medical-legal Dilemmas of Maternal versus Fetal Rights." Http://www.ncbi.nlm.nih.gov/. Institute of Psychiatry, Law, and the Behavioral Sciences, University of Southern California, Los Angeles, USA. Web. 31 Mar. 2011. <http://www.ncbi.nlm.nih.gov/pubmed/9729816>.

Each situation differs in terms of maternal vs. fetal rights. In a situation that is most invasive to the mother, she thereby earns the superior rights. However it also depends on the doctor’s ethics, if they believe that the mother or fetus’s rights are more highly valued. When taken to court, they must weigh in both the fetus’s right to a healthy life, but also the mother’s right to privacy; this is called the “balancing test.”

            I believe for this topic it would be most productive to do more research and write a paper about it. While it would be extremely interesting to go and talk to people about their views on maternal and fetus rights, I presume it would be a more sensitive topic. According to each of these sources there are many court cases that have dealt with maternal and fetus rights, which would be very interesting to read and interpret. I would look at the different situations mentioned here, whether it be induction or court ordered C-section:  basically anything that alters the natural birth process and that the mother has refused. A lot of the sources talk about two different sides or theories, one in which the mother has superior rights, and one in which the fetus does. Both theories are extremely interesting and I would try to evaluate both and assess their validity. The articles additionally spoke of many women’s personal experiences, which I think would be helpful to further draw upon. The best evidence is that of someone who has experienced itself. To do this I will look on different pregnancy blogs, perhaps the one mentioned in Pushed, used by Jennifer Block to receive feedback about modern pregnancy. With this paper I hope to obtain and share a more in depth understanding of the rights of women and fetus during pregnancy and childbirth.