Q: Mother's rights to a miscarried fetus that delivered in hospital
Me: 21F, Fetus: 13w, Place: SF, CA, USA
To summarize, I had a surgical abortion planned but the medicine for it worked fast and I miscarried instead while in the hospital bathroom. Without my consent, a strange dr (who did other things to me) collected it in a specimen jar and whisked it away when she just said she wanted to look at it. I signed a form prior saying that I do not consent to any fetal testing. She then said if I want it back, I need to go through a burial service to have something arranged.
I wanted to at least say goodbye to it before leaving it there since it was so developed, but she said it was in the pathology center already. When the women's clinic closed and the pathology center was near closing, I visited pathology and they said they never received it. I'm worried the Dr is trying to do something strange to run tests on it since she's the research director.
I want to protect and retrieve it for burial.
A:
Under California law, you have certain rights when it comes to the remains of a miscarried fetus. First, it's essential to note that the circumstances surrounding the miscarriage and the actions of the hospital staff may require careful examination. You signed a form indicating your refusal of fetal testing, which should be respected.
You have the right to request the remains for burial or other appropriate disposition. Hospitals typically have policies in place for handling fetal remains, and they must comply with state laws and your wishes, as long as it's within the legal boundaries.
If the hospital staff is not providing the information or assistance you need to retrieve the remains, consider reaching out to a patient advocate or ombudsman within the hospital for support. Additionally, you may want to consult with an attorney who can help you navigate this situation, protect your rights, and ensure the proper disposition of the remains in accordance with your wishes.
It's crucial to act promptly to address this situation and ensure that your rights and preferences regarding the fetal remains are respected and carried out as you desire.
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