Book contents
- Feminist Judgments: Health Law Rewritten
- Feminist Judgments Series Editors
- Feminist Judgments: Health Law Rewritten
- Copyright page
- Contents
- Advisory Panel for Feminist Judgments Series
- Titles in the US Feminist Judgments Series
- Advisory Panel for Feminist Judgments: Health Law Rewritten
- Contributors
- Acknowledgments
- 1 Introduction
- 2 Commentary on Schloendorff v. Society of New York Hospital
- 3 Commentary on Reynolds v. McNichols
- 4 Commentary on Conservatorship of Valerie N.
- 5 Commentary on Bouvia v. Superior Court
- 6 Commentary on Moore v. Regents of the University of California
- 7 Commentary on Linton v. Commissioner of Health and Environment
- 8 Commentary on Olmstead v. L.C. ex rel. Zimring
- 9 Commentary on Doe v. Mutual of Omaha
- 10 Commentary on Smith v. Rasmussen
- 11 Commentary on Burton v. State
- 12 Commentary on National Federation of Independent Business v. Sebelius
- 13 Commentary on Means v. United States Conference of Catholic Bishops
- 14 Commentary on Does v. Gillespie
- 15 Commentary on National Institute of Family and Life Advocates v. Becerra
11 - Commentary on Burton v. State
Published online by Cambridge University Press: 15 December 2022
- Feminist Judgments: Health Law Rewritten
- Feminist Judgments Series Editors
- Feminist Judgments: Health Law Rewritten
- Copyright page
- Contents
- Advisory Panel for Feminist Judgments Series
- Titles in the US Feminist Judgments Series
- Advisory Panel for Feminist Judgments: Health Law Rewritten
- Contributors
- Acknowledgments
- 1 Introduction
- 2 Commentary on Schloendorff v. Society of New York Hospital
- 3 Commentary on Reynolds v. McNichols
- 4 Commentary on Conservatorship of Valerie N.
- 5 Commentary on Bouvia v. Superior Court
- 6 Commentary on Moore v. Regents of the University of California
- 7 Commentary on Linton v. Commissioner of Health and Environment
- 8 Commentary on Olmstead v. L.C. ex rel. Zimring
- 9 Commentary on Doe v. Mutual of Omaha
- 10 Commentary on Smith v. Rasmussen
- 11 Commentary on Burton v. State
- 12 Commentary on National Federation of Independent Business v. Sebelius
- 13 Commentary on Means v. United States Conference of Catholic Bishops
- 14 Commentary on Does v. Gillespie
- 15 Commentary on National Institute of Family and Life Advocates v. Becerra
Summary
In Burton v. State, a case from 2010, the Florida District Court of Appeals overturned a trial judge’s order requiring a pregnant woman with two children and two jobs who experienced premature rupture of membranes and onset of contractions at 25 weeks pregnant to submit to any medical treatment that her obstetrician deemed necessary—including detention in the hospital, administration of intravenous medications, and surgical delivery by cesarean section. Burton was prohibited from obtaining a transfer to another hospital where she might have gotten a second opinion because the trial court determined that moving her was not in the best interest of the child she carried. Nadia Sawicki’s feminist concurrence agrees with the majority’s determination that the trial court failed to apply the correct legal standard but writes separately to highlight that the trial court’s order was not supported by competent and substantial evidence. Greer Donley’s commentary highlights how the state’s efforts to dictate Burton’s health care “treatment” not only deprived her of dignity and bodily autonomy but also disregarded her right to make end-of-life decisions for her potential child.
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- Feminist Judgments: Health Law Rewritten , pp. 264 - 292Publisher: Cambridge University PressPrint publication year: 2022