User, Becca and Quiet
The Guardian also reported on this www.theguardian.com/uk-news/2021/may/14/agoraphobic-pregnant-woman-can-be-forced-into-hospital-judge-rules
This decision should be only about the woman, not considering the good of the baby. Once the baby is outside her body, she no longer has veto and rightly its about the baby’s best interests regardless of her wishes, if she can’t make decisions in the baby’s best interests. We have to accept that also means in whatever poorer condition the baby may be in because of her rational (even if very disagreeable) decisions made prior.
That has to be how it is or pregnant women are only vessels without the same assumption of capacity to decide and that is completely unacceptable. We can’t say we want pregnant women not to be treated like vessels and then say ‘but not if that harms the baby’ or ‘not it that takes up extra resources’, can we?
HCPs should appropriately professionally treat, support and inform and engage with the woman in the situation she’s in. I’m sure it is frustrating and difficult for HCPs sometimes where a patient has capacity but acts irrationally against their own interests or their own baby’s interests.
But while the baby is inside her body, and she hasn’t been shown to lack capacity her autonomy over what happens to her, including her refusal of treatment should be absolute. Like any other patient who isn’t pregnant should have that same autonomy. Unless, like any other patient lacking capacity she lacks the capacity to decide. It just feels scarily easy given the cultural attitudes about baby brain and irrational hormonal pregnant women for authority figures to use a low bar to deciding that pregnant women lack capacity. The judge said she can’t decide about issues to do with the birth which seems very wide, given the consequences. It’s not the case that the answer to every question about a birth in a women’s best interests (especially taking into account this young woman’s specific issues) is ‘she has to be in hospital’
If that judicial decision is ever justified by the good of the baby then we need to be given assurance that looking at the mother’s best interests has been the relevant guide to her treatment while she lacked capacity.
We don’t know enough to know what’s happening here in this case but I think it’s definitely not irrational to worry about how pregnant women with mental health problems are treated and pregnant women in general are treated in terms of their decision-making. We can this see this even from examples like labouring women being forced to wear masks (against recommendations) which is also currently in the news. The rules aren’t always right and the right rules aren’t always followed.