Pemberton v. Tallahassee Memorial Regional Center

[1] When a doctor she had approached about a related issue at the Tallahassee Memorial Regional Center found out, he and the hospital sued to force her to get a c-section.

[1] The court held that a cesarean section at the end of a full-term pregnancy was here deemed to be medically necessary by doctors to avoid a substantial risk that the fetus would die during delivery due to uterine rupture.

[4] The court held that Roe v. Wade was not applicable, because bearing an unwanted child is a greater intrusion on the mother's constitutional interests than undergoing a cesarean section to deliver a child that the mother affirmatively desires to deliver.

[1][5] In March 2009, a Leon County Circuit Court ordered Samantha Burton, then 25 weeks pregnant with her third child, to remain in Tallahassee Memorial Hospital on bed rest against her will.

[6][7] Three days after the court order was issued, Burton had an emergency C-section, resulting in a stillbirth.