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Pemberton v. Tallahassee Memorial Regional Center

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Pemberton v. Tallahassee Memorial Regional Center
CourtUnited States District Court for the Northern District of Florida
Full case namePemberton v. Tallahassee Memorial Regional Center, Inc.
DecidedOctober 13, 1999
Docket nos.4:98-cv-00161
Citation66 F. Supp. 2d 1247
Court membership
Judge sittingRobert Lewis Hinkle

Pemberton v. Tallahassee Memorial Regional Center, 66 F. Supp. 2d 1247 (N.D. Fla. 1999), is a case in the United States regarding reproductive rights. In particular, the case explored the limits of a woman's right to choose her medical treatment in light of fetal rights at the end of pregnancy.

Pemberton had a previous c-section with a vertical incision, and with her second child attempted to have a VBAC (vaginal birth after c-section). However, since she could not find any doctor willing to assist her in this endeavor, she labored at home, with a midwife.[1]

When a doctor she had approached about a related issue at the Tallahassee Memorial Regional Center found out, he and the hospital sued to force her to get a c-section. The court held that the rights of the fetus at or near birth outweighed the rights of Pemberton to determine her own medical care.[2][3] She was physically forced to go to the hospital, where a c-section was performed.[1]

Her suit against the hospital was dismissed.[1] The court held that a cesarean section at the end of a full-term pregnancy was here deemed to be medically necessary by doctors to avoid a substantial risk that the fetus would die during delivery due to uterine rupture. The risk of uterine rupture was estimated at 4–6% according to the hospital's doctors and 2% according to Pemberton's doctors. Furthermore, the court held that a state's interest in preserving the life of an unborn child outweighed the mother's constitutional interest of bodily integrity.[4] The court held that Roe v. Wade was not applicable, because bearing an unwanted child is a greater intrusion on the mother's constitutional interests than undergoing a cesarean section to deliver a child that the mother affirmatively desires to deliver. The court further distinguished In re A.C. by stating that it left open the possibility that a non-consenting patient's interest would yield to a more compelling countervailing interest in an "extremely rare and truly exceptional case." The court then held this case to be such.[1][5]

Later case involving Tallahassee

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Main article: Burton v. Florida

In March 2009, a Leon County Circuit Court ordered Samantha Burton, then 25 weeks pregnant with her third child, to remain in Tallahassee Memorial Hospital on bed rest against her will.[6][7] Three days after the court order was issued, Burton had an emergency C-section, resulting in a stillbirth.[8] The next year, the Florida District Court of Appeals ruled that the court cannot impose unwanted treatment on a pregnant woman "in the best interests of the fetus" without providing evidence of fetal viability.[9]

References

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  1. ^ a b c d "Pemberton v. TALLAHASSEE MEMORIAL REGIONAL MEDICAL, 66 F. Supp. 2d 1247 (N.D. Fla. 1999)". Justia Law. Retrieved March 2, 2023.
  2. ^ Kaplan, Margot (2010). ""A Special Class of Persons": Pregnant Women's Right to Refuse Medical Treatment after Gonzalez v. Carhart". Journal of Constitutional Law. 13 – via Penn Law Legal Scholarship Repository.
  3. ^ Pratt, Lisa (2013–2014). "Access to Vaginal Birth after Cesarean Section: Restrictive Policies and the Chilling of Women's Medical Rights During Childbirth". William & Mary Journal of Race, Gender, and Social Justice. 20: 119.
  4. ^ U.S. District Court, N.D. Florida, Tallahassee Division (1999). "Pemberton v. Tallahassee Memorial Regional Center". West's Federal Supplement. 66: 1247–1257. ISSN 1047-7306. PMID 11868571.{{cite journal}}: CS1 maint: multiple names: authors list (link)
  5. ^ Roth, Louise (2021). The Business of Birth: Malpractice and Maternity Care in the United States. New York: New York University Press. pp. 189–213.{{cite book}}: CS1 maint: date and year (link)
  6. ^ "Burton v. State of Florida - ACLU Amicus Brief". American Civil Liberties Union. Retrieved May 24, 2019.
  7. ^ Bonner, Mark; Sheriff, Jennifer (2012–2013). "A Child Needs a Champion: Guardian Ad Litem Representation for Prenatal Children". William & Mary Journal of Race, Gender, and Social Justice. 19: 526–530.
  8. ^ Belkin, Lisa. Is Refusing Bed Rest a Crime? The New York Times Jan. 12, 2010
  9. ^ Samantha Burton v. State Of Florida (archive copy), District Court Of Appeal, First District, State Of Florida, Case No. 1D09-1958. Opinion filed August 12, 2010. John C. Cooper, Judge.
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