Woman refuses CS, charged with murder

[crankyasanoldma]

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http://sfgate.com/cgi-bin/article.cgi?f=/news/a/2004/03/11/national1649EST0799.DTL

(03-11) 13:49 PST SALT LAKE CITY (AP) --

A pregnant woman who allegedly ignored medical warnings to have a Caesarean section to save her twins was charged Thursday with murder after one of the babies was stillborn.

Prosecutors said Melissa Ann Rowland, 28, didn't want the scars that accompany the surgery.

An autopsy found that the baby died two days before its Jan. 13 delivery and that it would have survived if Rowland had had a C-section when her doctors urged her to, between Christmas and Jan. 9. The other baby is alive, but authorities had no further information.

The doctors had warned that without a C-section, the twins would probably die, authorities said. A nurse told police that Rowland said a Caesarean would "ruin her life" and she would rather "lose one of the babies than be cut like that."

"We are unable to find any reason other than the cosmetic motivations by the mother" for her decision, said Kent Morgan, spokesman for the district attorney.

Court documents give no address for Rowland, and she isn't listed in area telephone books.

The charges carry five years to life in prison. She was jailed on $250,000 bail.

It was not immediately clear whether she had an attorney.

According to the documents, Rowland went to LDS Hospital in Salt Lake City in December to seek advice after she hadn't felt her babies move. A nurse, Regina Davis, told police she instructed Rowland to go immediately to one of two other hospitals, but that Rowland said she would rather have both babies die before going to either place.

On Jan. 2, a doctor at LDS Hospital examined Rowland and recommended an immediate C-section based on an ultrasound and the babies' slowing heart rates. Rowland left, the doctor told police.

The same day, Rowland allegedly saw a nurse at another hospital, saying she had left LDS Hospital because the doctor wanted to cut her "from breast bone to pubic bone," a procedure that would "ruin her life." The nurse also told investigators that Rowland said she would rather "lose one of her babies than be cut like that."

A week later, Rowland allegedly went to a third hospital to verify whether her babies were alive. A nurse there told police she could not detect a heartbeat from one twin and advised Rowland to remain in the hospital, but Rowland ignored the advice.

[CoffeeRTC, BSN, RN]

I came upon the later report as I was reading this, and before I had read what Alaskakat had posted, I had a few feelings of my own.

I know this might be a little unpopular, but I'd show a little mercy to the mother. I'd say that she was dealing with a mental illness and that wasn't pointed out in the earlier report. Her actions support that a decision wasn't made with a clear mind and she shouldn't be charged with anything depending on what a psych eval says about her. I'm very pro-life, and I feel for those who aren't able to have any children but also, I feel very bad for the mom who is going through a bout of what sounds like a mental illness.

Obviously, she wasn't informed of the basics of the surgery. No one would have told her that she would be cut from her breastbone to her pubic bone, even in the case of a vertical c/s. Most cuts are of the transverse bikini type unless there are other indications, but a scar would not be as big as the woman thought.

I feel very badly for her and I'll be praying for the surviving twin.

Katherine

From what I heard and read.. she has had two other children via c section.. I think she knew what this intailed.

[RubyRN,CHPN]

She made an informed choice. We as professionals are not to judge and assume the role of the investigative body and prosecution.

[NICU_RNwantsFL]

someone please explain to me how women like this are always so @%#* fertile!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

she'll be back next year with another one in the oven.

sorry if that sounds jaded, but so be it. :angryfire

let's all pass the hat and pay for getting her tubes tied, eh?

[SmilingBluEyes]

But I have to ask: does anyone here know the WHOLE TURE STORY behind this headline?

just wondering. It will be a case to watch, for sure. I still think murder charges are gonna be HARD to make stick, the way I have heard it told. IT will open a real raging debate about fetal versus maternal rights in health care then........who will take precendence? Right now, far as I know the mother has full determination over her body and what is done to it, even in pregnancy. I think it only right. NOT GOOD or MORAL, necessarily, but unless they could have her declared incompetent, what could they do? It would have been a case of assault to FORCE a csection on her.

MURDER? don't think so----possibly manslaughter....I can see that. But then, I DO NOT KNOW THE WHOLE STORY, EITHER and already I see a whole lot of SPECULATION, including here on our boards. (e.g. " I read this or heard that"). I will watch this one; it will be a case to keep an eye on as an OB nurse and woman, but I also will reserve hard judgment unless and until or IF I know all the TRUE facts.

[mona b RN, BSN, RN]

purple mania, I have often wondered the same thing, in 1977 I gave birth to a stillborn baby girl after my water broke 36 hours before. The doctor's nurse was also in labor and she wore the hospitals only fetal monitor, she stayed in the hospital the whole time. I didn't have insurance and the doctor sent me home to wait it out. during the first 32 hours the baby kicked then there was nothing. My next OB-GYN stated it was murder but no one would do anything about it.

longtermcarern,

I know what you went through. A very similar situation happened to me in 1983. I was in labor for many hours when all of a sudden no one could find the fetal heart sounds. The baby died(I won't go into the details) and I literally begged for a c-section. They wouldn't give me a section though. I'm guessing they thought that since the baby could be safely delivered lady partslly then why traumatize me even further. Of course I wans't this level headed when it was actually happening. I can still see the Doc's face as I was begging him for a c-section. Hindsight being 20/20, I guess I am glad he didn't do the c-section. My God, I thought I was losing my mind during that labor, I just couldn't believe that the baby was dead.

Full term 7lbs15oz beautiful baby boy we proudly named Michael Joseph.

mona

[USC2001]

What I don't understand is why did she go to three different hospitals for decreased fetal movement if she didn't want anything done about it? If you are going to refuse medical attention then don't go to the hospital!

[Missyb32641]

A person can be charged with two counts of assult for harming a pregnant woman. A mother can be inprisoned for doing drugs while pregnant then why can't a woman be charged with murder for not having a life saving procedure especially if the babies are viable?

[mtnmom]

What I don't understand is why did she go to three different hospitals for decreased fetal movement if she didn't want anything done about it? If you are going to refuse medical attention then don't go to the hospital!

This is only conjecture on my part, but if she already had a history of instability/mental illness, she obviously had problems dealing with reality. Maybe she was hoping that someone would finally tell her the baby was OK and no section was needed, or do something to make it OK. As for the "breastbone to pubic bone" incision story, maybe her perception was so distorted due to drugs or mental illness that is what she thought someone told her!!! Or maybe she thought a bigger incision was needed to get 2 babies out.

Bottom line, we may never know what she was thinking - she may not even know. She sounds like someone so irrational that they are incapable of any sort of logical thinking. Whether that's due to mental illness, alcohol, drugs or a combination it's hard to say.

As much as my heart would like her tried for murder, my head tells me that a murder charge probably won't stick. Any charge that is made will probably cop a guilty by reason of insanity plea.

By the way, I did read where the surviving twin tested pos. for cocaine and alcohol, also that she had assaulted another of her children several years ago and gotten an endangerment charge from that one.

It is a sad, sad story...but no sadder than the woman who came in last week and delivered a stillborn, perfectly formed baby boy of about 36 weeks gestation...who would probably have delivered somewhat OK had she not had a total abruption. Of course that baby tested positive for cocaine, and mom had not one iota of prenatal care.

The only way I can deal with it all is to pray for all of their kind ... it might be Pollyanna to some but at least it gives me a little solace.

[Dialyzin' Dar]

... why wasn't she being followed up as a high-risk pregnancy? Wasn't she taking some sort of medication?

Personally, I think somebody like that shouldn't be allowed to keep a baby. We have a similar situation where I live-- it's an elderly/disabled housing complex. We have a number of mentally disabled young people living here, including a woman who has a baby every other year. They keep taking the babies away because she's not well enough to be a mother-- but you'd think they'd do something so she doesn't keep having all those babies! Having been forced to give up four babies can't be very good for her mental health, either! In fact, that's probably WHY she keeps getting pregnant in the first place-- she's probably thinking, "Maybe they'll let me keep THIS one!"

[jkaee]

I didn't read thru all the posts, so I don't know if this was mentioned or not. I heard on the news today that DHS was already "following" this woman because she punched her young daughter in a grocery store. Apparently this little girl took a candy bar and started eating it and the woman just off and whaled her. The police were called and Social services "followed up."

When are the states going to wake up and realize we need to do something with these poor children that are stuck in these homes with unstable parents? I'm sick of hearing about abused and neglected children that "fall through the cracks" of the system. What can we do to help?

[gypsyatheart]

I haven't read all of the news about this woman and this situation,but, it seems likely that she had little to no prenatal care, which would be right in line with someone with a mental disability.

As for "doing something" about these people w/disabilities having babies....what do you suggest we do? Strap them down and forcibly sterilize them? I don't think so....if you ask me it is these folks w/mental disabilities that have "fallen through the cracks". If they end up having children, well, they fall through the cracks as well. Sadly, there aren't anywhere near enough foster homes for placement of the many, many children out there that need them; much less experienced, trained individuals to deal with the issues many of these kids have; addicted babies, abused children, developmental delays, behavior issues etc.

Social Services are hugely overwhelmed with too many kids and not enough/burned out staff (sound familiar?). It used to amaze me the babies that would end up going home w/unfit parents or drug addict moms....now I just shake my head in frustration. We expect DD children, unstable kids, kids w/behavioral problems to "deal" w/society, make the right choices, do the "right" thing....how can they, when they themselves never received any help or guidance or appropriate placement.... I think it's very sad, myself.

Personally, I think our society has sooo many mis-placed values....and then we wonder when we hear stories like this. Why should we be surprised? Our society is what we have created.

... why wasn't she being followed up as a high-risk pregnancy? Wasn't she taking some sort of medication?

Personally, I think somebody like that shouldn't be allowed to keep a baby. We have a similar situation where I live-- it's an elderly/disabled housing complex. We have a number of mentally disabled young people living here, including a woman who has a baby every other year. They keep taking the babies away because she's not well enough to be a mother-- but you'd think they'd do something so she doesn't keep having all those babies! Having been forced to give up four babies can't be very good for her mental health, either! In fact, that's probably WHY she keeps getting pregnant in the first place-- she's probably thinking, "Maybe they'll let me keep THIS one!"

[gingerzoe]

I have a question for the board. Is this any different than the woman who takes fertility drugs and becomes pregnant and has six embroys and the doctors tell her that if she gets rid of a couple the others will have a better chance. Is this murder?