Respect for autonomy forms the basis for informed consent. Fully informed, competent adults are accorded the right to make medical decisions, including the right to refuse an unwanted therapy, even if that results in serious harm or death. Justice Cardozo, affirmed1914 and the famous Schloendorff case, a pregnant woman with decisional capacity cannot be forced to undergo any medical or surgical therapy, even if this means that harm will come to her or her fetus as a result. Justice. How does the concept of justice apply? The principle of justice states that equal person should be treated equally. Pregnant women should be treated the same as men and non-pregnant women. A woman's right to refuse invasive medical treatment is not diminished during pregnancy. The potential impact in the fetus not legally relevant, morally, perhaps, but not legally so a mother or any other competent person does not have an obligation or responsibility to provide medically for a fetus or for another person, for that matter, such as a parent or a child or a …show more content…
The best interests of the pregnant women generally include life and optimal health as is the same for the infant. In the face of illness, careful benefit and burden analysis must take place that looks at the quality of life, which maybe perhaps outweigh quantity of life, depending on the prognosis, harm of the proposed therapy, and individual values or judgments. What about the fetal interests and the moral status of the fetus? Many argue that increasingly common terms such as "fetal interests" and "fetal patients" should be avoided, as these artificially distinguish the fetus as separate from the pregnant women, erroneously give disproportionate weight to the fetus when considering treatment options and alternatives, and finally encroach on the pregnant woman's autonomy. That said, generally, the best interests of the pregnant woman and her fetus align or optimal health is desired for both. Rarely, however, situations occur, such as this case, when maternal fetal conflict arises. Some may perceive, however, the conflict not as between the pregnant woman and the fetus, but between the pregnant women and the medical team. A pregnant woman may not view the health of her fetus is a priority, perhaps in the context of an unplanned pregnancy or major maternal, medical, or social complications.
Finally, the moral status of the fetus. Although the moral status of the fetus is controversial, it is commonly held that the pregnant woman's right to autonomy trumps the