ABSTRACT

Courts have ordered pregnant patients to undergo medical treatment, blood transfusions or cesarean sections, in order to save the fetus's life. According to the guidelines, the threat of imposed intervention erodes the trusts necessary to allow pregnant women to access prenatal care and other services for their health. The case of danger to the life of the fetus is test-case for the protection of the woman's right to self-determination in the eyes of law. The right to refuse life-sustaining treatment has thoroughly developed in Canadian law. The right of individuals to self-determination in health care related matters is deeply rooted in the common law. The legal intervention takes place when physicians want to save the life of the mother, her fetus, or both despite the pregnant woman's. One of the criticisms against judicial decisions imposing treatment upon pregnant women is that these decisions contradict the common-law rule to deny a duty to rescue.