Patient Rights: Can Doctors Force a C-Section?

Can you be forced to have a C-section? The chairman of the obstetrics and gynecology at the University of Southern Florida attempted to frighten a pregnant woman whose baby was overdue into having a Cesarean. Dr. Jerry Yankowitz says that the pregnant 35-year-old mother of four, Lisa Epsteen, is endangering the life of her fifth baby. Does the doctor, hospital, or state have the legal or ethical right to demand a woman give birth a certain way at a certain time? Not without a court order, at least for now.

A recent ultrasound supposedly showed the baby in distress related to the mother's gestational diabetes. The doctors at the hospital told Epsteen to come in for an immediate C-section and she refused. In an effort to get the woman to come in, Dr. Yankowitz send her a threatening email that chilled the mom, and later, the National Advocates for Pregnant Women (NAPW). The doctor said if she didn't come in, they would send "law enforcement" to pick her up and bring her in. The health of the baby or the rights of the mother? It's a hard question to answer, and with late-term abortion being legal, it makes the answer all the more difficult to find. If the mother has decided to give birth, does the life of that baby take precedence?

Epsteen contacted NAPW for help and they sent a letter to the hospital questioning their medical ethics and the legal authority of the state to enforce the doctor's wishes. The doctor has since apologized and Epsteen's baby will be delivered Friday. The mother said, "I think they really do have the best interests of my child and myself at heart. On the other hand, this is not the way to go about protecting my baby or me." She is lucky the hospital didn't choose to pursue a court order. Hopefully, she'll be lucky again and the baby will be born healthy.

Comments: 5

Heather - child of God, C. Mar 8, 2013, 3:26am UTC

The doctor induced my last two children. My youngest was induced early as I was gestational diabetic.... I wonder why they didn't induce this woman... instead of deciding a caesarian was so necessary to threaten her.

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August Lady Mar 8, 2013, 3:45am UTC

With my 1st, I had a C-section after being in labor for 18 hours (T/G for epidurals)~ds just wasn't coming out on his own. With my 3rd (lost my 2nd), I was expected to have another CS, it was in the game plan~but dd was having none of that! She arrived on her own 8 weeks early weighing only 3 lbs. I was considered high-risk due to my age, the age of the mother in your story, so I listened to my docs~I wouldn't call her lucky, just stupid, imo!

Graham L. Mar 8, 2013, 1:42pm UTC

I think you have to go by what your doctor or midwife is saying they are the experts. In my country they will always put the welfare of the unborn first when the unborn is in distress. They will try to get the mothers permission if its not forthcoming they will involve our social welfare people who are on hand night and day who will then get a court order with in hours.

My daughter who is expecting twins has been told that when she goes in on Monday that they are going to induce her as one of the twins has engaged thats if she lasts that long, However they have told her to expect a C section if if things look a little dicey and she has already signed the consent forms.

No doctor though should threaten anyone with "law enforcement" If they think that one ore the other is in a high risk distress situation then they should go through the proper channels.

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Sandi S. Mar 8, 2013, 8:20am UTC

I hope she went to a different doctor to deliver the baby.

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Betty S. Mar 8, 2013, 9:11am UTC

I can see both sides of the story.

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Patient Rights: Can Doctors Force a C-Section?

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