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The Patient, The Doctor, The Fetus, And The Court-Compelled Cesarean: Why Courts Should Address The Question Through A Bioethical Lens, Thomas Williams
The Patient, The Doctor, The Fetus, And The Court-Compelled Cesarean: Why Courts Should Address The Question Through A Bioethical Lens, Thomas Williams
Articles in Law Reviews & Other Academic Journals
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.