Burton v. Florida
Encyclopedia
Samantha Burton v. State of Florida, is a Florida
legal case that arose in March 2009 after Tallahassee Memorial Hospital sought to confine a pregnant woman, Samantha Burton, for fifteen weeks to protect her fetus
. Tallahassee lawyer, David H. Abrams, filed an Appeal in the Florida First District Court of Appeals. The Florida chapter of the American Civil Liberties Union
joined as amicus and the case has become a major test case regarding the rights of pregnant women to make their own medical decisions.
. She found not to be in labor, but ordered to remain on bed rest.
Her obstetrician, Dr. Jana Bures-Forsthoefel, refused to allow her to leave the hospital to garner a second opinion and then obtained a court order from the Circuit Court of Leon County
which required Burton to undergo "any and all medical treatments" that her physician, acting in the interests of the fetus, deemed necessary. The Court held the hearing by telephone with Burton being required to argue her case from her hospital bed without the assistance of an attorney or independent medical opinion. Three days into her court-ordered confinement, Burton underwent an emergency C-section, at which time the fetus was found to be dead.
David H. Abrams, a nurse attorney, appealed the Leon County Circuit Court ruling and the Florida chapter of the American Civil Liberties Union joined as Amicus. On August 12, 2010, the Florida Circuit Court of Appeals for the 2nd Circuit issued its ruling, written by the Honorable Nikki Clark, in favor of Burton and against the State. The Court rejected the State of Florida's argument that the best interest of the child standard applied. The Court ruled that Ms. Burton had fundamental rights to privacy and liberty under the Florida Constitution and that those rights were subject to strict scrutiny review. While the Court did not hold that the State could never intervene in a woman's pregnancy it limited such intervention to instances where fetal viability was proven by the state and rejected the argument that viability is set by gestational age of the fetus. The Court further held that once the State had proven viability it must then show that the proposed intervention is the least intrusive and least restrictive means possible of protecting the State's interest in the fetus. http://opinions.1dca.org/written/opinions2010/08-12-2010/09-1958.pdf
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
legal case that arose in March 2009 after Tallahassee Memorial Hospital sought to confine a pregnant woman, Samantha Burton, for fifteen weeks to protect her fetus
Fetus
A fetus is a developing mammal or other viviparous vertebrate after the embryonic stage and before birth.In humans, the fetal stage of prenatal development starts at the beginning of the 11th week in gestational age, which is the 9th week after fertilization.-Etymology and spelling variations:The...
. Tallahassee lawyer, David H. Abrams, filed an Appeal in the Florida First District Court of Appeals. The Florida chapter of the American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
joined as amicus and the case has become a major test case regarding the rights of pregnant women to make their own medical decisions.
Background of the case
Samantha Burton, a mother of two, was twenty-five weeks pregnant in March of 2009 when she experienced a premature rupture of membranes and displayed signs of premature labor. At the urging of her obstetrician, she sought care at Tallahassee Memorial HospitalTallahassee Memorial Healthcare
Tallahassee Memorial HealthCare is a private, not-for-profit community health care system that includes a 770-bed acute care hospital located in Tallahassee, Florida, United States...
. She found not to be in labor, but ordered to remain on bed rest.
Her obstetrician, Dr. Jana Bures-Forsthoefel, refused to allow her to leave the hospital to garner a second opinion and then obtained a court order from the Circuit Court of Leon County
Leon County, Florida
Leon County is a county located in the state of Florida, named after the Spanish explorer Juan Ponce de León. At the 2010 Census, the population was 275,487. The county seat of Leon County is Tallahassee which also serves as the state capital. The county seat is home to two of Florida's major...
which required Burton to undergo "any and all medical treatments" that her physician, acting in the interests of the fetus, deemed necessary. The Court held the hearing by telephone with Burton being required to argue her case from her hospital bed without the assistance of an attorney or independent medical opinion. Three days into her court-ordered confinement, Burton underwent an emergency C-section, at which time the fetus was found to be dead.
David H. Abrams, a nurse attorney, appealed the Leon County Circuit Court ruling and the Florida chapter of the American Civil Liberties Union joined as Amicus. On August 12, 2010, the Florida Circuit Court of Appeals for the 2nd Circuit issued its ruling, written by the Honorable Nikki Clark, in favor of Burton and against the State. The Court rejected the State of Florida's argument that the best interest of the child standard applied. The Court ruled that Ms. Burton had fundamental rights to privacy and liberty under the Florida Constitution and that those rights were subject to strict scrutiny review. While the Court did not hold that the State could never intervene in a woman's pregnancy it limited such intervention to instances where fetal viability was proven by the state and rejected the argument that viability is set by gestational age of the fetus. The Court further held that once the State had proven viability it must then show that the proposed intervention is the least intrusive and least restrictive means possible of protecting the State's interest in the fetus. http://opinions.1dca.org/written/opinions2010/08-12-2010/09-1958.pdf