Dr. Meserow Is A Mentally Competent Woman

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On November 23, 1993, Doe was seen by an obstetrician, Dr. James Meserow, at the St. Joseph’s Hospital in Chicago. This was the first time Doe was seen by Dr. Meserow, but she had been receiving regular prenatal care throughout her pregnancy. Upon giving Doe the usual check-up, he determined from a series of tests that the baby was under duress due to an issue with the placenta. At this point, it is important to recognize that Doe is a mentally competent woman carrying her first child, and the fetus is currently around 35 weeks. It also important to recognize that Dr. Meserow is a board-certified obstetrician/gynecologist. Dr. Meserow informs both Doe and her husband of the diagnosis and highly recommends either an immediate cesarean section or to induce labor in order to prevent any further potential damage to the fetus due to the lack of oxygen from the compromised placenta. Doe refuses both of the recommendations based on her religious convictions that God will heal her child and keep it safe from any harm, and will, therefore, wait to have a natural childbirth.
On December 8, 1993, 14 days after the recommendation of a cesarean section or induced labor, Doe is examined again by Dr. Meserow, and he is still holding fast to his diagnosis. Doe continues to state that she refuses on the grounds of religious reasons. However, Doe agrees to be seen by another doctor the following day. That same day, December 8, 1993, Dr. Meserow and the St. Joseph’s Hospital call the
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