Lyka S.

Vino NCM 108

BSN II-1

1. In this case, who has rights? Whose rights should prevail? Jane’s? The fetus’? The hospital
staffs?

Among Jane, the fetus, and the hospital staffs, the one that should have prevailing
rights in this situation would be the fetus. The unborn child is entitled first and foremost, to
the right of life, safety, and protection while still in the mother’s womb, which, obviously,
Jane is failing to do so.

2. Should the physician attempt to get a court order to keep Jane hospitalized?

Yes. Especially if she keeps on endangering the life of her unborn child. Yes, Jane has
the right to refuse treatment from the hospital, and the physician in-charge cannot do
anything but to respect her decision. But the rights of the unborn child should be the first
priority of both the mother and the hospital. In this case, the mother is evidently failing to
pursue that, so now, it is up to the hospital management on what course of action to take
next.
I personally think that the physician should gather all the evidences of Jane’s
reckless and threatening actions throughout her clinic visits and present it to the court, to be
able to keep her hospitalized without violating any legal conduct of medical ethics, and also,
to make sure that Jane won’t be able to sue the hospital or the physician in-charge
afterwards.