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. 1990 Apr 26:573:1235-64.

In re A.C

District of Columbia. Court of Appeals, en banc
  • PMID: 11648191

In re A.C

District of Columbia. Court of Appeals, en banc. Atl Report. .

Abstract

KIE: In 1987, George Washington University Hospital petitioned the court for a declaration on how to treat A.C., who was close to death from cancer and was 26-1/2 weeks pregnant. The trial court ordered a cesarean section to deliver the viable fetus, despite A.C.'s express, though possibly incompetent, denial of consent. The child died within three hours, and A.C. died two days later. In this decision, the D.C. Court of Appeals holds that a common law and constitutional right assures the pregnant woman the right to refuse medical treatment for herself and the fetus. To protect her right, a court must determine the woman's wishes "by any means available." If the patient is incapable of giving informed consent, then her decision must be determined through substitute judgment, i.e., the court must determine what choice the mother would make if competent. Since the trial court instead balanced the state's interest against A.C.'s, its decision must be vacated.

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