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In re A.C.

District of Columbia Court of Appeals

573 A.2d 1235 (1990)

Relevant factsFree

Terminally ill cancer patient A.C. (defendant), pregnant with a high-risk fetus, initially expressed a wish to have her baby but grew less certain as her condition worsened toward the point of imminent death; when the hospital (plaintiff) sought emergency declaratory relief on how to proceed, a hearing found A.C. would likely die within 24-48 hours, had a 50-60% survival chance with an immediate caesarean, and that delivery might hasten her death while waiting could harm the fetus, but no clear evidence showed what A.C. herself actually wanted. The trial court ordered the caesarean using a balancing test; A.C., informed of the decision, said she did not want the procedure, though doctors questioned whether she could give true informed consent at that point. The procedure was performed, the baby died hours later, and A.C. died two days after that; her representative appealed.

IssueFree

Whether courts should use substituted judgment, rather than an independent balancing test, to decide the course of medical treatment for a dying, pregnant patient who is unable to make an informed decision for herself.

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