Mo. Appeals Court Rules That State Law Does Not Allow For Prosecution Of Pregnant Women For Causing Indirect Harm To Fetuses

Main Category: Pregnancy / Obstetrics
Also Included In: Litigation / Medical Malpractice;  Women's Health / Gynecology
Article Date: 26 Sep 2007 - 4:00 PDT

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In a recent case, the Missouri Court of Appeals in Kansas City ruled that a state law allowing criminal and civil action against a person who harms a pregnant woman and her fetus does not permit the prosecution of a pregnant woman for causing indirect harm to a fetus, the St. Louis Post-Dispatch reports.

The case involves Janet Wade, a Buchanan County woman who, along with her infant, tested positive for marijuana and methamphetamine use. The state law says that the life of a human being begins at conception and that fetuses have "protectable interests in life, health and well-being." According to the Post-Dispatch, the law, which was enacted in 1986, has been used successfully in murder and manslaughter cases, as well as in wrongful death lawsuits against people who have caused a fetus' termination.

A state circuit court judge dismissed the case against Wade because charges filed in the case were based on a section of the law that states: "Nothing in this section shall be interpreted as creating a cause of action against a woman for indirectly harming her unborn child by failing to properly care for herself or by failing to follow any particular program of prenatal care." The decision was upheld by appellate Judge Lisa White Hardwick.

St. Charles County Prosecutor Jack Banas said the appellate court's ruling could lead to challenges in other similar cases still pending. Buchanan County Prosecutor Dwight Scroggins on Wednesday said that he did not intend to ask the state Supreme Court to review the case. However, the state Legislature might be able to change the statute to prevent women from harming their fetuses with drugs and alcohol, Scroggins said (Anthony, St. Louis Post-Dispatch, 9/20).

Reprinted with kind permission from http://www.kaisernetwork.org. You can view the entire Kaiser Daily Health Policy Report, search the archives, or sign up for email delivery at http://www.kaisernetwork.org/dailyreports/healthpolicy. The Kaiser Daily Health Policy Report is published for kaisernetwork.org, a free service of The Henry J. Kaiser Family Foundation© 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.

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