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Who Owns Your Womb? Women Can Get Murder Charge for Refusing C-Sections | Alternet
Decades ago, refusing to undergo cesarean surgery was not a crime. Thats another matter now in the wake of recent "fetal protection" enactments that make it a crime for a pregnant woman to engage in any conduct that might threaten harm to a fetus. Some doctors believe this applies to how a woman gives birth.
Melissa Rowland refused to undergo the cesarean surgery recommended by her doctor. She was later charged with murder after one of her fetuses was stillborn. Rowland accepted a plea deal, which made her criminally liable for child endangerment.
Three years ago Rinat Dray vehemently protested against the administration of a cesarean section in the birth of her third child. Throughout her pregnancy, she had prepared for a vaginal delivery after prior cesarean, or VBAC. However, on that July evening, according to a lawsuit filed by Dray, hospital staff overrode her refusal to submit to a cesarean. Hospital documents record Drays refusal, and also her physicians decision to ignore that order. In a handwritten statement attached to her file, her doctor informed hospital staff that I have decided to override her refusal to have a C-section. Soon thereafter, doctors removed Drays third child by c-section.
Cesarean births have skyrocketed in the United States, though a growing number of academics speculate that too many pregnant women are delivering by cesarean surgery and that it may be unhealthy. In 1965, only 4 percent of all births in the US were performed by cesarean surgery; currently that figure is closer to 33 percent. The World Health Organization recommends that no more than 10-15 percent of all births be by cesarean surgery. Importantly the proposed upper limit of 15% is not a target to be achieved but rather a threshold not to be exceeded.
The high frequency of c-sections in the U.S. indicates a disturbing medical and legal trend. Cesarean surgeries are risky medical procedures; they are painful post-operatively and can render the patient vulnerable to infection at the point of incision in the abdomen or uterus. Women can suffer blood clots in the legs or lungs, heavy blood loss, and drug side effects such as migraines, nausea and vomiting. Cesarean surgeries can result in weak spots in the uterus, making subsequent vaginal deliveries risky. The dramatic rise in cesarean surgeries shows not only a disregard for the medical evidence, but of pregnant womens legal rights. In Drays case, her lawsuit alleges that the hospitals legal counsel signed off on cesarean surgery.