Medical Law Cases

Medical Law Cases

The Rights of Pregnant Patients

Carder Case Brings Bold Policy Initiatives

At age 13, Angela was diagnosed with a fatal form of cancer, despite the odds, she survived and was cured after years of aggressive chemotherapy and radiation. Ten years later, she developed another form of cancer, fighting once more for her life with chemotherapy, radiation and multiple surgeries. Finally she consented to a hemipelvectomy, the surgical removal of her left leg and hip. After some more chemotherapy and radiation there were no signs of cancer anywhere. In 1986 three years into remission Angela married and became pregnant, because of her disability, she was referred to the High Risk Pregnancy Clinic at George Washington University Medical Center, where she was accepted as a teaching case. She was watched closely for signs of recurrence of cancer and having struggled so long to survive, she wanted to be sure her own health was not compromised because of her pregnancy.

Unfortunately, during her 25th week of gestation, Angela was admitted to George Washington University Medical Center and was diagnosed with lung cancer. Fighting once more to live, she wanted everything possible done to prolong her life. Surgery was ruled out, leaving chemotherapy and radiation as the only means of prolonging her life. Angela was informed that her baby was too small to be born, meaning too premature to have a good chance to survive, and her doctors did not consider intervention on behalf of the fetus appropriate until 28 weeks. She knew the complications the chemo and radiation would be to her unborn baby, yet she felt her she cheated death for 10 years so why not fight for it again. Angela’s condition rapidly deteriorated, depriving Angela and the fetus substantial amounts of vital oxygen for many hours. After deciding to save her life and not do a Caesarean to save the fetus, the hospital’s administrators stepped in and questioned the right of anyone but a court to make...