When and under what circumstances does a judge have the right to order medical treatment for an adult who doesn’t want it?Courts in Montana are currently wrestling with the question in a case with a highly unusual set of facts.
A trial-court judge in Missoula ordered a woman to undergo a radical hysterectomy last Thursday in order to treat her cervical cancer. The woman, identified only by her initials, L.K., appealed the order, arguing she is a deeply religious woman who wants children and shouldn’t be made to submit to a radical hysterectomy.
On Monday, the Montana Supreme Court delayed the lower-court’s order to give time to allow the woman to file an appeal.
The backstory goes like this: Last September, after L.K.’s cancer diagnosis, a doctor sent a letter to the Missoula County attorney’s office expressing concerns that L.K. might not be able to make medical decisions on her own. A petition to appoint a temporary medical guardian was filed in November. On Feb. 11, the temporary medical guardian signed a consent form for L.K. to have the radical hysterectomy.
L.K. testified that she did understand she had been diagnosed with cancer and did understand the risks of dying without treatment. Her attorney argued that what the state characterized as delusions are actually L.K.’s deeply held religious beliefs.
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Court-Ordered Hysterectomy Put on Hold for Now
Boy, that is the question, isn't it? I really think people should have absolute control over their own body.
ReplyDeleteThat said, the Octomom didn't have enough sense to not keep getting pregnant, so I guess the bottom line is there will always be cases where the court does have to take control -- but those cases should be few and far between.
It should be up to her and totally up to her. The judge should rule that it's her body and her decision.
ReplyDeleteThe COURT has no business ordering anybody to get a hysterectomy. The COURT should butt out.
ReplyDeleteHey, where are the "death with dignity people"? Why aren't they out there saying she has a right to choose death over a hysterectomy?
ReplyDeleteI believe the state goes too far in making these life or death decisions, and that each individual should have the right of freedom to choose.
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