Desperately Want VBAC in July - Help! (MA)

[livelovelaugh]

I live in Massachusetts, and my small town hospital has just recently banned VBACS! I have had both of my children there, and I do not want to go anywhere else. It is like a birth center, it is where I have my babies, and I just don't want the right taken away from me. I am so frustrated. I delivered my son by emergency c-section in 2004, and my daughter by a VBAC in 2007, awesome, amazing, perfect. Now that VBACs are banned, I am just hoping that something will change by July. In the likely event that it doesn't, I am at a loss. My insurance only covers births in MA, so I am confined to this state, and the c-section rates just are not good around here. I feel like I will end up having to leave my small town hospital just to drive much too far to a hospital where it is basically predetermined that I will end up with a c-section. South Shore Hospital had a c-section rate of 44% in 2007, and I can only imagine that this # has gone up since then, the way things are these days.

Can a hospital that bans VBACS really FORCE you to have a c-section if you come in and you are not ready to push? It is my understanding that they cannot force you to have major surgery...now, with the "de facto ban" one is able to simply sign a wiaver...I don't understand, and would love it if anyone could explain it to me, why I couldn't just do the same thing even with the ban. I will sign any and all documents saying that I will not sue!

[GOPLawyer]

In general, no, they cannot force you to have a RCS. It is possible w/ a court order but it is really, REALLY rare for one to be granted (google Angela Carder for the case as to why this is so). No court in the country is going to grant one for just a basic VBAC.

You can go to the hospital and if you are in labor, they cannot turn you away (EMTALA) and they cannot force you to have a RCS. Hospital policy is just that....policy. It is not the law and thankfully, the law falls on the side of the Mama.

When my HB turned into a hospital birth at 30 weeks, I was faced w/ a similar situation. I'd had 2 c/s..one w/ a partial vertical "J" incision....I was an OBs worst nightmare. They threw horrible stories at me, lied to me and just all around bullied me to try to get me to have a RCS. In the end, however, there wasn't a thing they could w/o my permission and they knew it. It was faaaaar from a pleasant birth atmosphere but I still went on to have an amazing VBA2C.

It IS possible. Don't consent and they can't do a c/s. Period.

[blessedwithboys]

with all due respect to the PP...you are almost right...there is something short of a court order they can do.

OP, please go to birth stories and search for "tyler and sam". pm if you have any questions.

[GOPLawyer]

With all due respect to the pp....she consented. I'm not placing fault on the mother nor am I taking blame away from those who treated her the way they did. However, she *did* consent. My points still stand.

OP...if you do read that story, don't let it scar you. Let it, instead, being a motivator.

[GoestoShow]

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Edited by GoestoShow - 1/4/11 at 9:18am

[GOPLawyer]

lol...actually, my brain has been going there for a while. I'd LOOOOVE to help out Mamas that way. "Don't go to the hospital w/o your lawyer!"

It's so sad that there's actually a need.

[livelovelaugh]

I realize that you guys are joking about retainers and not going to the hospital without your lawyer, but it actually brings up another of my questions...IS it possible to get a lawyer involved in something like this? HAve women done that? What could a lawyer do to help someone like me? Is there anything? Any document that can be drawn up similar to the waiver that we already sign as we thwart off the dreaded c-section??? I really want to try and help bring about change here. It is just so wrong.

[GoestoShow]

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Edited by GoestoShow - 1/4/11 at 9:18am

[GoestoShow]

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Edited by GoestoShow - 1/4/11 at 9:18am

[GOPLawyer]

Nope...not joking at all (and not barred in MA lol). GoestoShow covered it perfectly....basically making sure that the Mama's rights are protected and that the law is followed. Also, be there to correct any lies.

You could get a lawyer to "negotiate" w/ the hospital beforehand w/ waivers and such but that would probably end up being pretty expensive.

If you are good at standing your ground, your best bet to have a VBAC at this particular hospital is to simply refuse. Get the registration paperwork a month before and cross out anything that says you consent to anything (yes, it is your right to do so and no they still can't turn you away). Print out and bring w/ you the EMTALA law. If your DH has a good backbone...make sure he is informed and willing to back you up. You can also have a medical power of attorney drawn up for him (if you *really* trust him to back you up...this is in case they try to say you are not mentally competent). Hire a doula and call her your sister. Be prepared for a fight. If they actually have a ban in place, chances are they aren't going to let a RCS refusal go by easily.

Have you thought about alternatives such as a birth center or homebirth?

[kltroy]

Given that you've already had a successful VBAC, I would look for alternatives such as a birth center or homebirth. Also contact your local (or even not-so-local) ICAN group - the ladies there may know of some providers and places that will be supportive of VBAC that you hadn't thought of.

FYI, from the MA dept of Health and Human services is a list here. looks like the bulk of these are hospitals, but there is at least one Birth Center (in Cambridge) so I suspect there are others somewhere in the state - you may just have to look and drive a bit... If you click on the link it actually *gives* you VBAC stats for each location, which is quite helpful. Good luck!

[GoestoShow]

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Edited by GoestoShow - 1/4/11 at 9:18am

[kltroy]

That stinks. Still, it looks from the stats that the website reports anyway, that there are several hospitals with pretty good VBAC success rates. Personally, I had a really great unmedicated and intervention-free hospital VBAC, so I don't see birthing in a hospital as the end of the world. Though given a choice I'd take a birth center (Illinois doesn't even *have* birth centers... *sigh*) any day.