Pemberton v. Tallahassee Memorial Regional Medical Center, Inc.

In 1995, Laura L. Pemberton (plaintiff) underwent a cesarean section to deliver her child. The cesarean section was poorly performed, which created a risk that if Pemberton were to have any subsequent natural deliveries, she could suffer a uterine rupture that could result in the baby’s death. Pemberton became pregnant again and, despite her condition, wanted to find a physician who would agree to a natural delivery. After Pemberton was unable to find a physician, she hired a midwife who agreed to assist in a natural birth. Pemberton went into labor at her home. After being in labor for more than a day, Pemberton and her husband (plaintiff) went to Tallahassee Memorial Regional Medical Center (hospital) (defendant). At the hospital, physician Wendy Thompson informed Pemberton that she needed a cesarean section. Pemberton refused and requested fluids so that she could return home to have the baby. Thompson contacted two of the hospital’s board-certified obstetricians to notify them of Pemberton’s situation. The doctors agreed that it was medically necessary to perform a cesarean section, but Pemberton and her husband had already left the hospital by the time the decision was reached. The hospital attorney sought a court order to require Pemberton to undergo the procedure, and a judge then ordered Pemberton to return to the hospital for a hearing. Pemberton refused, and she was brought to the hospital against her will by an ambulance. At the hearing, the board-certified obstetricians testified that without a cesarean section, Pemberton would likely experience a uterine rupture, which would cause the baby to die. The judge ordered the cesarean section, which was then performed at the hospital. Pemberton did not have any ill effects and the baby was born without complications. Pemberton sued the hospital, arguing that her constitutional rights to bodily integrity, to refuse medical treatment, and to make her own decision in the bearing of children were violated. The hospital motioned for summary judgment.