Want to learn how to protect yourself and your baby during delivery?
Thousands of parents go to the hospital every year for a normal birth only to face devastating complications. According to this study, over 80% of pregnancy-related deaths in the United States could have been avoided.
That means if you walk into the hospital for delivery, you and your baby are at risk.
But expecting parents have rights during childbirth and knowing those rights can help.
In this guide:
- Hospital Birth Rights Explained
- How Obstetric Malpractice Occurs
- The Top Rights All Parents Should Know
- When to Contact an Obstetric Malpractice Lawyer
- Tips to Protect Yourself Before Birth
Hospital Birth Rights Explained
Your hospital birth rights protect you and your child during labour and birth.
Here’s the thing…
Most parents don’t know about these rights until after something happens to their baby. Once an injury occurs, there’s no taking it back. But birth rights combined with hospital policies and state laws allow parents to make decisions about their care.
When doctors and nurses fail to uphold these standards of care, birth injuries happen. Speaking to a birth injury attorney in Fort Lauderdale after negligence occurs during delivery is one of the best decisions you can make for your family. A knowledgeable obstetric malpractice lawyer can examine your case and let you know if your delivery met the appropriate standard of care.
Don’t wait until after something happens to learn your rights.
How Does Obstetric Malpractice Occur?
Obstetric malpractice is when a healthcare provider falls below the standard of care during pregnancy, labour, or delivery. Unfortunately, when this happens, it can cause serious injury to both babies and mothers.
But just how bad is it really?
Statistics show that about 30,000 babies are born with birth injuries each year in the United States alone. That means there is a birth injury every 20 minutes.
Examples of obstetric malpractice include:
- Failure to detect fetal distress during labour
- Delayed or unnecessary caesarean sections
- Misuse of delivery instruments (forceps/vacuum)
- Failure to diagnose before/during delivery
- Poor response to maternal bleeding or infection
These birth injuries are not uncommon. They occur daily in hospitals nationwide. What’s worse is that many of these injuries can be prevented.
The Top Rights All Parents Should Know
Expectant mothers and their partners should know these basic birth rights before the baby arrives. They outline your rights as a patient and allow you to make decisions about your care.
Know Your Right to Informed Consent
This is the big one.
Patients have the right to know about any procedure, medication, or intervention prior to it happening. This includes being informed about risks, benefits, and any alternatives.
Here’s what most people don’t know…
Informed consent is more than a person signing their name on a document. Your medical team should keep you informed about what’s happening every step of the way during delivery.
Patients Have the Right to Refuse Treatment
If you don’t want a procedure, you can refuse medical treatment. Patients have the right to refuse medical intervention at any point before and during labour. That includes saying no to inductions, epidurals, cesarean sections, and any other procedures.
If a medical provider does not respect your wishes, they are violating your rights as a patient. You don’t have to submit to pressure from medical professionals.
You Have the Right to a Support Person
You’re allowed to have someone with you during labour and delivery.
Yes, it can be incredibly comforting to have your partner by your side during birth. But did you know that by law, you are allowed a support person?
If you want someone with you during labour and delivery, the hospital cannot deny you.
Patients Have the Right to Their Medical Records
As a patient, you are entitled to a complete copy of your medical records. This includes any and all notes, test results, and documentation made about you during your pregnancy and delivery.
Those records become part of your baby’s birth record. If something were to happen, your birth injury attorney will want to obtain a copy of those records. They can help prove negligence during labour and delivery.
When to Contact an Obstetric Malpractice Attorney
Birth injuries don’t always equal malpractice. But if any of the following happened during your delivery, you may want to speak to a lawyer.
Contact an attorney if:
- Your baby was injured and the injury could have been prevented.
- Medical staff failed to respond to fetal distress.
- You were subjected to procedures without your consent.
- There was a delay in performing an emergency caesarean.
- You experienced a preventable complication.
The clock is against you. States have time limits on when you can file an obstetric malpractice lawsuit. If you wait too long, you may not be able to recover any compensation.
A birth injury lawyer will review your medical records and consult with medical experts to determine whether malpractice was involved.
Tips to Protect Yourself Before Birth
It’s always better to take preventative measures than to have to deal with legal proceedings. Parents can take steps to avoid complications and stay informed about their delivery.
Create a birth plan. Write down how you would like labour and delivery to go. Print multiple copies and provide them to your doctors and nurses. This creates a paper trail that shows you told them about your wishes.
Ask questions. If your doctor or nurse wants to perform a procedure, ask questions. Ask why they are doing it. What are the risks? What are your alternatives? You have a right to understand any procedure being done to you.
Bring an advocate. Have a partner, friend, or family member with you who will speak up for you if needed. Make sure they know your birth plan and have no problem questioning hospital staff.
Keep good records. Take notes on what your nurses and doctors say. Keep copies of everything you sign. If you feel something isn’t right during delivery, write it down immediately.
Research your hospital. Before you decide on a hospital, look up its safety rating. Read reviews from other parents about their experiences during delivery.
Nothing can 100% guarantee your delivery will be perfect. But taking these steps will help ensure you have a safe birth.
Wrapping It Up
During labour and delivery, you have rights as a patient. Your hospital birth rights allow you to make informed decisions about the care of you and your child.
Knowing what questions to ask and when to seek legal counsel can make all the difference in these situations. Most birth injuries associated with obstetric malpractice are preventable.
Don’t wait until it’s too late. Take some time now to learn about your hospital birth rights. It could be the best thing you do for your baby.