Commonwealth v. Pugh, 462 Mass. 482 (2012)

A woman was convicted of involuntary manslaughter after attempting an unassisted home childbirth in which her viable fetus died. The trial court found that she used excessive force to accelerate delivery, and failed to call for medical help despite recognizing a breech positioning. On appeal, the Supreme Judicial Court reversed, holding that the Commonwealth had not proven her actions caused the death, and that failing to call for help was not a legally sufficient cause of death. The Court declined to impose a broad duty on those in childbirth to seek medical assistance, reasoning that imposing such a duty would infringe on constitutional rights to refuse medical treatment and would invite arbitrary enforcement. The ruling emphasized that existing laws against murder, late-term abortion, and child neglect adequately protect viable fetuses and children without criminalizing unassisted childbirth.

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  • 2012

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