We use cookies to give you the best experience possible. By continuing we’ll assume you’re on board with our cookie policy

Current Legal Issue Essay Sample

The whole doc is available only for registered users OPEN DOC

Get Full Essay

Get access to this section to get all the help you need with your essay and educational goals.

Get Access

Current Legal Issue Essay Sample

Is a woman completely in control of her own body? This question has been in controversy for many legal cases brought to court. Women have lost many cases in court when it comes to being able to use and care for their own body as they want. This issue is especially current when the woman is pregnant and the fetus’ health is in question. The case Samantha Burton v. State of Florida, case number 1D09-1958, “an appeal of a circuit court order compelling a pregnant woman to submit to any medical treatment deemed necessary by the attending obstetrician, including detention in the hospital for enforcement of bed rest, administration of intra-venous medications, and anticipated surgical delivery of the fetus” (Samantha Burton v. State of Florida, 2010). Samantha Burton was a 29 year-old mother of two children who sought medical treatment at Tallahassee Memorial Hospital for premature labor. Ms. Burton willingly went to the hospital after being advised by her regular obstetrician that she might be entering premature labor.

She was admitted for a period of three days. During Ms. Burton’s stay, she was approached by her doctor and the hospital’s attorney’s Ms. Burton only resisted care after she learned she might have to be admitted for possibly the rest of her pregnancy and away from her two children at home. Hospital officials had obtained a court order forcing Ms. Burton to stay in the hospital for the health and wellbeing of her unborn child. Ms. Burton was an occasional smoker but had been under the care of her obstetrician for her entire pregnancy. Ms. Burton delivered a stillborn three days after being admitted by cesarean section surgery and was then discharged. Since this incident, Ms. Burton has taken up the fight over her treatment while in the hospital. The Florida American Civil Liberties Union has decided to help Ms. Burton appeal the court’s decision that removed her ability to make her own medical decisions. Samantha Burton’s case raises issues that are connected to women’s rights, fetus rights, and the right to privacy. Women’s rights

Ms. Burton was willingly seeking medical care for herself and her unborn child at the direction of her own obstetrician. Ms. Burton met the opinion of a physician who pushed unwanted care onto Ms. Burton and enacted legal action against her. Diana Kasden, attorney with the American Civil Liberties Union (ACLU), said, “Women do not relinquish their right to determine their own medical care when they become pregnant” (“ACLU brief,” 2010, p. 1). Fetal rights

In the case of Samantha Burton v. State of Florida the fetal rights were being championed by Ms. Burton’s physician by ordering her to stop smoking immediately and to remain on strict bed rest for the remainder of her pregnancy to help the fetus remain in utero for the longest time possible. The fetus has no voice and for many people no rights until it is born. The physician was acting upon the best interest of the fetus but did not allow the mother to be transferred to another hospital to get another opinion. Right to privacy

Ms. Burton was admitted to the Tallahassee Memorial Hospital at the direction of her physician and the hospital attorneys after she exercised her rights to refuse treatment, seek a second opinion, and to be discharged from the hospital. A court order was issued by a judge that Ms. Burton could not leave the hospital. This court order also took away Ms. Burton’s right to make her own medical decisions regarding her health. Ms. Burton and her attorney filed paperwork to regain her rights to her own health decisions. Conclusion

Throughout the years, women have fought for their rights for their bodies, freedom, and to not be treated any less than men. Samantha Burton is no different from any other woman who wants to be able to make her own decisions and to have the opportunity to seek a second opinion when it comes to her body and her unborn child’s health. Women have made huge strides forward for their rights, but all too often barriers are placed that have to be handled in a court of law. Even then the choices are made by a judge and sometimes a jury for the woman who is in question. Women are still not able, in some instances, to make health decisions for themselves because their rights are overruled by our laws at the local, state, and federal levels.


Florida Court Upholds Right Of Pregnant Woman To Determine Medical Care. (2010). Retrieved from https://www.aclu.org/reproductive-freedom/florida-court-upholds-right-pregnant-woman-determine-medical-care Samantha Burton v. State of Florida, 1D09-1958 D.C. A. FL 1 (D. FL 2010).

We can write a custom essay

According to Your Specific Requirements

Order an essay

You May Also Find These Documents Helpful

David Walker’s ''Appeal''

David Walker’s Appeal is a landmark work of American history which was written by an African American slave during the nineteenth century. David Walker’s Appeal arguably the most radical of all anti- slavery documents, caused a great stir when it was published in September of 1829 calling for slaves to revolt against their masters. The piece of work exposed white racism and gave inspiration to...

Legal Methord Case Note

Beginning students often have difficulty identifying relationships between the parties involved in court cases. The following definitions may help: Plaintiffs sue defendants in civil suits in trial courts. The government (state or federal) prosecutes defendants in criminal cases in trial courts. The losing party in a criminal prosecution or a civil action may ask a higher (appellate) court to review the case on the ground...

Jfk Steel Speech Analysis

Throughout his speech in which he condemned companies for raising steel prices, Kennedy repeatedly appeals to a sense of communal sacrifice and collective responsibility in order to rally his everyman audience around this ostensible cause for outrage. From the beginning, Kennedy, a millionaire Harvard graduate, includes himself in the aggrieved camp of everyday Americans by using the first person “we”. The list of sacrifices being...

Florida State University

Florida State University is more than just a world-class academic institution preparing you for a future career. We are a caring community of well-rounded individuals who embrace leadership, learning, service, and global awareness. With this in mind, which of these characteristics appeal most to you and why? In order to prepare for a future career, I would need a good base of leadership and global...

Legal Research Paper for Wills Trusts and...

Mark Down, who is 74 years old, made a will leaving all of his assets to his children. He also executed a power of attorney, giving his son, Slowe, permission to handle all of his financial assets. Slowe is now worried that Mark may need Medicaid assistance in the future and wants to remove his assets, from his name, and give them to his children....

Get Access To The Full Essay
Materials Daily
100,000+ Subjects
2000+ Topics
Free Plagiarism
All Materials
are Cataloged Well

Sorry, but copying text is forbidden on this website. If you need this or any other sample, we can send it to you via email.

By clicking "SEND", you agree to our terms of service and privacy policy. We'll occasionally send you account related and promo emails.
Sorry, but only registered users have full access

How about getting this access

Become a member

Your Answer Is Very Helpful For Us
Thank You A Lot!


Emma Taylor


Hi there!
Would you like to get such a paper?
How about getting a customized one?

Can't find What you were Looking for?

Get access to our huge, continuously updated knowledge base

The next update will be in:
14 : 59 : 59
Become a Member