My 35 year old patient who is 26 weeks pregnant was recently admitted to hospital due to severe abdominal pain. Her medical tests indicate a severe infection that requires urgent surgery. There is a risk of fetal hypoxia in which the fetus may die due to oxygen starvation. I have informed my patient and she appears to fully understand that surgery is the only option available and necessary for her survival. However my patient has refused to undergo surgery. Can the medical treatment be forced on her?
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Answer by Neha Sharma, Hillsdale 2036 NSW
- In Australia all competent adults including pregnant women have the right to refuse life-saving medical treatment even if there is a significant risk to either the fetus or the mother.
- A court will not interfere with the decision of a competent pregnant woman to not accept life-saving treatment. This is because:
- under the law a fetus does not have a legal existence until it is born alive; and
- the law gives great importance to autonomous decision making of people who can give consent.
- If there is doubt about your patient’s decision-making capacity then you may be able to get substitute consent through the Guardianship Tribunal.