Jefferson v. Griffin Spalding County Hospital
Georgia Supreme Court
274 S.E.2d 457 (1981)
- Written by Galina Abdel Aziz , JD
Facts
Jessie Mae Jefferson (plaintiff) was pregnant and scheduled to give birth on or about January 26, 1981. Griffin Spalding County Hospital (Griffin) (defendant) advised Jefferson to have a caesarean section because there was a 99 percent to 100 percent chance that she and her child would both live. By contrast, a vaginal delivery came with a 99 percent risk that her child would die and a 50 percent risk that she would die. Jefferson objected to the surgery, citing religious beliefs, and refused the operation. On January 23, 1981, the Georgia Department of Human Resources (Georgia) petitioned the Juvenile Court of Butts County for temporary custody of Jefferson’s unborn child. Georgia alleged that the unborn child was without proper parental care and asked the court to order the caesarean section. The court appointed counsel for Jefferson and her husband. On January 23, the court granted temporary custody of the unborn child to Georgia and ordered Griffin to perform Jefferson’s caesarean section. Temporary custody was ordered to expire once the child was born or when the child died.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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