In Utero Surgery Age Requirements

Full Conversation

How is it that I could abort my baby before 18 years old but couldn’t have an In utero surgery before 18 years old to help my sons birth defect?
Are you asking about the legal age requirements for medical procedures in Ohio?
yes but the hospital was in West Virginia
What was the specific birth defect and the proposed in utero surgery?

General Information:
- Ohio and West Virginia have different laws regarding medical consent.
- For Ohio: Contact details for Ohio Supreme Court: *.*.*
- For West Virginia: Contact details for Supreme Court of Appeals: *.*.*
Spina bifida
General Information:
- In Ohio and West Virginia, minors can consent to certain medical procedures, but parental consent may be required for others.
- Contact details for Cincinnati Children's Hospital (Ohio): *-*-*
- Contact details for WVU Medicine Children's Hospital (West Virginia): *-*-*
Do I have a lawsuit case regarding this?
What was the reason given by the hospital for denying the in utero surgery?
I was 17 years old a month away from 18 years old.
Did the hospital deny the surgery solely based on your age, or were there other factors involved?
Just my age
General Information:
- Age can be a factor in medical consent.
- Contact details for Ohio Legal Aid: *-*-LAW-OHIO
- Contact details for West Virginia Legal Aid: *-*-*-*
I had a parents consent
Despite having parental consent, did the hospital still deny the surgery?
General Information:
- Parental consent can override age restrictions in some cases.
- Contact details for Ohio Department of Health: (*) *-*
- Contact details for West Virginia Department of Health: (*) *-*
Yes and recommended an abortion
What was the hospital's explanation for recommending an abortion instead of the surgery?
Thwy said that my child would not function correctly but he is thriving as an 11 year old now but has required surgeries since birth because of the defect.
Did you consult with a lawyer at the time or seek a second medical opinion?

General Information:
- Medical malpractice laws vary by state.
- Contact details for Ohio State Bar Association: (*) *-*
- Contact details for West Virginia State Bar: (*) *-*
No because they were the only hospital who could do the surgery
Did you document the hospital's refusal to perform the surgery and their recommendation for an abortion?
yes
General Information:
- Documentation can be crucial in legal cases.
- Contact details for Ohio Legal Aid: *-*-LAW-OHIO
- Contact details for West Virginia Legal Aid: *-*-*-*
Do I have a case?
You might have a case for medical malpractice. However, it's best to consult with a lawyer. Contact Ohio Legal Aid: *-*-LAW-OHIO or West Virginia Legal Aid: *-*-*-*.