The woman was 26 weeks pregnant when she died of cancer. She was dying so fast that nobody could ask her what she wanted to do about the fetus.
The question was put to the D.C. Superior Court judge. She would not have wanted an emergency Caesarean section so he ordered it. Two days after the baby died, Carder died.
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The judge should not have ordered the surgery because there wasn't enough evidence that Carder wanted it. The D.C. Court of Appeals ruled that a pregnant woman had the right to decide what to do with her baby.
One of the most tragic examples of perceived conflicts between maternal and fetal rights was the Carder case. Thirty-five years after her death, these conflicts have become more important.
The June ruling gave states the power to decide how to balance a pregnant person's medical autonomy with their desire to preserve fetal life. According to news reports, doctors are struggling to navigate new and confusing abortion restrictions, especially in cases where pregnant women and other pregnant individuals are sick.
The Carder case was worked on by the founder of the National Advocates for Pregnant Women.
When fetal rights are prioritized, pregnant women have less control over their health care decisions. She said that more than abortion is at stake when discussing the issue.
Carder had survived two long episodes of cancer, the first when she was 13 years old. She lost a leg and a large part of her body. According to a 1988 article in The Washington Post, her oncologists told her she could have a baby. She did after she was married.
She had trouble breathing in the sixth month of her pregnancies. She had a large tumor in her lung. She couldn't be cured.
The fetus was considered viable at 26 weeks. Her doctors thought the fetus had a worse chance of survival than a healthy pregnant woman. They thought they could have more time. They suggested a powerful blast of radiation that could prolong her life for a few more weeks. They told her that they gave her baby a better chance at survival because of the length of time she had been pregnant. Carder said yes.
Her condition deteriorated quickly the next day. She was in a lot of pain and had to be taken off her medication. Even though the chances of the fetus dying or being born with serious defects were high, would she want the Caesarean now? There was no chance of asking.
The authors of the 1997 book "The Right to Privacy" said that her doctors initially thought they would perform a postmortem C-section. The family didn't like what they saw. The doctors said they would respect the family's wishes and that the fetus' chances of survival were slim.
The hospital lawyers were involved when they learned of the hospital administrator. According to a hospital source, they called in a judge to argue that the fetus was viable. The source thought everything would be post-mortem. We didn't think we would get to where we did.
A makeshift court was held at the hospital. The lawyer for the fetus argued that the issue was not about the woman's right to refuse treatment. The state has an obligation to protect this baby. Emotions ran high as Sullivan heard testimony from Carder's family.
Nettie Stoner said that Carder agreed to the treatments because she thought she had more time to live. She thought she was going to live to hold this baby even though she knew she was dying.
Sullivan had heard conflicting information about the fetus. He decided for the fetus because he couldn't tell what Carder wanted.
The decision to allow the fetus to live was made by Sullivan, a federal district judge.
Carder's doctor went to the intensive care unit to let Carder know that he was no longer in a coma. She said yes when he asked if she wanted it done. He came back to her room with another doctor and her parents. She said she didn't want it done because she couldn't make a sound.
Sullivan let his original ruling stand despite the fact that her intent was not clear. The decision was upheld by a three judge panel of the D.C. Court of Appeals.
According to "The Right to Privacy," five doctors refused to do the operation before a sixth agreed to do it. The baby was delivered with fingers the size of matchsticks and lungs so small they could not function normally.
Rick and Carder agreed to name the girl Lindsay Marie. The family told Carder that Lindsay had passed away. She lost her mind. Two days later, she died. The Caesarean operation was listed as one of the contributors.
Carder's lawyers requested a ruling from the full appeals court. In a 7-1 ruling in 1990, the court held that only rare and exceptional cases would a state interest in the fetus be so compelling that it could be used to ignore the mother's wishes. Some may doubt that a Caesarean section could ever be justified against a person's will.
When the unborn child reaches the state of viability, the child becomes a party whose interests must be considered according to the Dissenting Judge.
George Washington Medical center was sued by Carder's parents. The hospital agreed to put in place policies to protect the rights of pregnant women without court intervention.
Carder's family doesn't talk much about her time in the hospital or the legal fight that followed. Nettie Stoner and Dan Stoner were Carder's parents. Years ago, the family lost contact with Rick.
She always believed that her sister shouldn't have had to go through the procedure. She was going to die with her baby.
Sometimes she thinks about her sister. She1-65561-65561-65561-65561-65561-65561-65561-65561-65561-65561-65561-65561-65561-65561-65561-65561-65561-65561-65561-65561-65561-65561-65561-65561-65561-65561-65561-65561-65561-65561-65561-65561-65561-65561-65561-65561-65561-65561-65561-65561-65561-65561-65561-65561-65561-65561-65561-65561-65561-65561-65561-65561-65561-65561-65561-65561-6556 She said she and her husband would have supported her.
Carder was laid to rest in the same location as her baby girl. Nettie Stoner said that Lindsay was wrapped in a bundle and put in her mother's arms.
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Jodie is a writer.
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