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Health Law Keyed to Furrow
In re A.C.
Facts
A.C. (Defendant), a chronic cancer patient, became pregnant. She entered a hospital complaining of pain at twenty-five weeks. The results of testing revealed an inoperable tumor, and she was diagnosed as terminal. Based on discussions with doctors, she agreed to undergo a Caesarian section (C-section) at twenty-eight weeks. However, her condition got worse quickly, and by twenty-six weeks she was slipping in and out of consciousness. Medical personnel thought the only way to save the baby was to perform a C-section immediately. However, because she was mostly unconscious and not lucid when she was conscious, they were unable to obtain Defendant's consent. A court hearing was quickly convened to determine the next step. The court engaged in a balancing test between the state's interest in the fetus, the interests of the fetus, and the Defendant's interests. The court ordered the C-section; unfortunately, the baby died, as well as Defendant two days later. The district court of appeals reviewed the case.
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