The Patient, the Doctor, the Fetus, and the Court-Compelled Cesarean: Why Courts Should Address the Question Through a Bioethical Lens

Authors

Thomas WilliamsFollow

Document Type

Article

Publication Date

2006

Journal

Medicine and Law

Volume

25

Issue

4

First Page

729

Last Page

746

Abstract

Court-ordered Cesarean sections are a relatively recent phenomenon in the intersection of law and medicine. Existing jurisprudence utilizes a legal balancing test when addressing conflicts that arise between physicians and patients regarding obstetrical treatment and care. The authors contend that courts' analyses lack a fundamental element - a bioethical framework. Therefore, the authors believe that in order to better assess such conflicts, courts should incorporate a bioethical framework such as the Georgetown mantra to help complement their legal analyses.

Recommended Citation

Thomas Williams, The Patient, the Doctor, the Fetus, and the Court-Compelled Cesarean: Why Courts Should Address the Question Through a Bioethical Lens, 25 Medicine and Law 729 (2006).
Available at: https://digitalcommons.wcl.american.edu/facsch_lawrev/2048