Abstract
After several cases in which pregnant women were forced to undergo cesarean sections under court order or where court orders were sought for cesarean sections, the medical community reaffirmed the principle of autonomy for pregnant women. Women are allowed to refuse care during pregnancy, even if that means harm to the fetus. In addition, it is inappropriate for medical personnel to seek legal assistance in forcing a woman to accept treatment. This article presents a case in which the medical community upheld the woman’s right to refuse care; however, the legal community then charged her with criminal homicide under the state’s fetal homicide law because the baby was stillborn after the patient delayed in obtaining a cesarean section. The differences between medical guidelines and state law must be addressed so that the patient’s autonomy is upheld and so that patients may be informed of all consequences, medical and otherwise, of refusing treatment.
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