It has come to this. A woman in Florida was in labor. Her doctor advised her that their might be a problem if she decided to have her baby vaginally. They advised a C-section. She wanted to continue with vaginal delivery. In a normal world, the doctors and the woman would make a decision based on the medical circumstances involved. This is far from a normal world and Florida is being pretty much at the center of the weirdness that now revolves around pregnant woman delivering a baby. The woman, while in labor, had to discuss her delivery choices with a judge who then made a decision on how she could proceed.

This type of decision is, even in the days before Roe versus Wade, a medical decision. No ruling from a judge is needed. The woman and the doctor would work it out based on the woman’s circumstances. Why does a judge have to be involved at all?

Well, because now, the fetus, in Florida, has protected rights. In the past, there was an assumption that since the woman wanted the baby and the doctors wanted to deliver a health baby, then everyone involved was working together for this same happy ending. But, because Florida’s abortion laws are so restrictive, doctors now are worried that if something were to go wrong with the delivery, they may be held liable if the baby were to die in the process. Hence a judgement from the courts was required before the doctors would proceed.

This is worrisome for a number of reasons:

1. The law was intended to protect fetuses from abortion not delivery. This case does not involve abortion in any way, yet the courts were dragged into it because the anti-abortion laws make any tricky delivery suspect. Did the baby die in delivery or was the doctor sneaking in a late-term abortion? If a doctor wants to cover her ass, she will make sure that a judge knows what she is doing and she goes on record with the courts what she is trying to do. Hopefully this will prevent any busybody from claiming otherwise later thus protecting the doctor from future legal hassles but also delaying medical attention to the woman in labor.
2. Delivering a baby involves a woman’s health. It needs to happen when it needs to happen. Waiting for a court to make a decision on the best way to proceed is ridiculous here. Delaying medical procedures in order to get this decision is criminally stupid because both the mother and the baby are at risk. In this case, the judge decided for the woman with the caveat that the doctors could perform a C section if the vaginal delivery became difficult. This is how the doctor and the patient wanted to proceed in the first place. What possible wisdom did the judge add here that the doctor and the patient hadn’t already discussed?
3. The doctors were over reacting you say. This should never have happened. Florida’s draconian abortion laws have nothing to do with this case and it was unnecessary for a judge to be notified. Well, probably, but try telling that to doctors who are trying to avoid going to court over their handling of women going through childbirth. Any state with such restrictive laws will have this problem. Better to go to court to check that you are right, then to go to prison if you are wrong.

The irony here is that laws instituted to protect the fetus from abortion are now causing delays in health care that both endangers the mother and the baby. It is also making it more difficult for medical professionals to advise women how to proceed during a difficult delivery. What if the judge makes a decision that the doctor’s and the patient disagrees with? How will the doctors proceed? A certain amount of good faith needs to be given doctors trying to navigate on how to proceed in a difficult situation. Florida’s abortion laws have only created confusion not better health care for pregnant women.