Good luck BBM! I hope the MW is awesome!
Originally Posted by the janet
I understand what you're saying...but I suppose I wasn't clear enough? I meant this would be the case in an emergency, where there wouldn't be time to discuss options and it was a life or death situation. I assume that if they made a unilateral decision in the event that this happened and there was a bad outcome, there would be little legal recourse since an attempt to save a life was made. But maybe not. I'm not an expert in medical malpractice lawsuits...all I know is they have seriously adverse effects on how hospitals are run and the kind of maternal care women receive.
I understand what you are saying. & honestly I'm not sure myself of the law in this case. Let's say cord-prolapse - that's an actual, serious, legit "CUT NOW OR BABY DIES" emergency. But I still don't know if legally the doc can wheel a mama off & cut without her permission. I'm actually not sure what the law says in such a case.
I just remember learning in my first aid classes that the only
time medical procedures can be performed without permission is if the patient is unconscious. So I don't know if "baby will die if we don't do this now" is also another legitimate reason.
But I'm inclined to doubt it - because, as I said, then it's a seriously fine line from there to saying, "Well, baby's HEALTH is at stake if we don't (induce, do routine ERCS, etc.)" AND - the law thus far has been supportive of a woman's right to bodily integrity & autonomy. i.e. medical procedures can't be forced upon her for the good of the baby. So, that makes me think that legally, even if baby's life is at stake, mama still has to grant permission.
But I do know that docs so often say
it's "life or death for baby" even when we all know darn-right-well it is absolutely not! (As in the examples I posted.)
But honestly, the discussion is really irrelevant anyway. Sadly, even though the law is absolutely crystal clear on many cases of "medical battery," no lawyers will take the case.
They just can't be won, even though the law is clear. One example is episiotomy without consent. The only case where epis is warranted at all
is shoulder dystocia - but we all know they're done in other cases without mama's permission or even without warning her. Clearly, that's illegal. CLEARLY!
But for one thing, we have to sign a "blanket consent form" which gives the hospital some leeway, since we're "giving permission," in a way, in advance, to procedures which may
just be a part of the birth process.
Well, some mama's recommend modifying the blanket consent form. But still, lawyers won't take the case. I remember reading in the book, "Pushed" by Jennifer Block" that there was a group that actually provided legal help to women - I think pro bono & handled cases, maybe, like VBAC bans. One thing I do remember specifically is that the woman said she got lots of calls for episiotomy-without notice let alone consent & she just couldn't take the cases. They weren't winnable.
Really sad, really messed up.
OK, sorry for the thread hi-jack!