Mom Fights Court Order That Kept Her In Hospital

A Florida woman is fighting a judge's ruling that ordered her to stay at a hospital on bed rest six months into her pregnancy.

Samantha Burton delivered a stillborn fetus by C-section three days after the ruling. She's appealing the court order in hopes of keeping her case from setting a precedent that would allow courts to do the same thing to other women.

The state's attorney is standing by his decision to get the court order. Officials at Tallahassee Memorial Hospital came to him because they were concerned Burton would endanger the pregnancy by not following their medical advice.

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  • by what about on Jan 26, 2010 at 01:42 PM
    what about a woman who drinks throughout her pregnancy? can they get court orders on them? i think that if women want to be free to abuse their unborn children with drugs, alcohol, and smoke, then they should be free to pay for the care required for these babies. mine spent ten days in a NICU and it cost more than my house. (pre term birth not related to my bad decisions). while i was in the NICU i saw lots of babies whose parents didnt visit. that makes me sick. if you dont want to get pregnant, then dont. get your tubes tied if you cant stop being selfish for 40 weeks at least (and the rest of your life if you plan to keep it).
  • by i dont get it on Jan 26, 2010 at 01:38 PM
    abortion is legal, right? or was she in prison, i know you cant have them in prison. i dont agree with abortion, but just not sure how a court order can be made to protect a fetus from its mother. if thats the case, then all women seeking abortion can be given the same court order! smoking while pregnant is legal--STUPID AND RECKLESS--but legal, last i checked. if it were not legal, the same applies to women having an abortion. abortion endangers the life of the fetus, does it not!
  • by "Abortion is legal" Location: So is smoking on Jan 26, 2010 at 01:19 PM
    So let me get this straight she could have legally killed her BABY. Smoking is also legal. Yes smoking leads to low birth weight sometimes, my daughter weighed 9.9 lbs. there are alot of factors that can lead to a miscarriage.
  • by Interesting Location: ENC on Jan 26, 2010 at 11:26 AM
    I find it interesting that this was left out of the report by WITN. The fact that she smoked cigarettes during the first six months of her pregnancy and was admitted on a false alarm of premature labor. Her doctor argued she was risking a miscarriage if she didn't quit smoking immediately and stay on bed rest in the hospital. Read more here at
  • by FYI on Jan 26, 2010 at 11:05 AM
    since this article gives almost no information - hers a bit more - she apparently continued to smoke through the pregnancy and went into preterm labor and came into the hospital voluntarily at the advice of her doctor, but when they told her the bedrest would be until she had the baby she wanted to leave the hospital. smoking is known to cause lower birth weights and increase the risk of preterm labor. funny thing is - if this was 5 weeks ago in the pregnancy (before week 20) there are states that would allow her to have an abortion. so murder is OK but not smoking - what a difference a month and a half has on the rights of a mom and baby!
  • by Anon on Jan 26, 2010 at 10:07 AM
    I am so proud of her for doing what she is doing and NOT suing for financial gain. She is asking for no compensation. She just doesn't want other women to deal with this. Several other articles mention that the judge & doctor who did this were protected under FL laws because "the best interests of the fetus overrode Burton's privacy rights". We have not heard the end of this one.
  • by Anonymous on Jan 26, 2010 at 09:32 AM
    Don't think for a minute that a doctor would not turn you in to Social Services if you did not want to get your child a routine shot they thought you should get. Next they take your child, and put you in jail and do all sorts of horrible things to your child in the name of "medicine".
  • by Darren Location: Kill Devil Hills on Jan 26, 2010 at 08:55 AM
    That is not right what they are doing to her. That is unconstitutional. I have a feeling she will sue and win a huge lawsuit. It would not surprise me if the doctors are trying to find a way to get more money out of this. I have a feeling the doctor may have a lawyer of his own.
  • by okayheregoes on Jan 26, 2010 at 08:47 AM
    so the judge in this case is now potentially guilty of practicing medicine without a license?? I would sue the State of Florida for infringement of my right to refuse medical care. Are they aware the stress of the mess they put her through probably helped the stillbirth along? I would also see to it that I sued the hospital & judge personally for pain & suffering from the loss of my pregnancy...they would have to prove in a court of law that their actions did not contribute to the stillbirth. Political correctness & the expanded functions of DSS has turned society into morons. Everyone else thinks they know best nowadays.
  • by T Location: Greenville on Jan 26, 2010 at 08:02 AM
    She must have had insurance.
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