? about OB and legalities...

[HopelessPoet]

I posted a while back about the Foley Cath. A few of you told me that legally my doctor can not drop me from his care at 40 wks if I do not let him induce me. I really feel strongly that he's leading me towards a c-sect. Does anyone know what rights I have in KY at 40wks? Can he drop me as a patient if I don't consent to induction?

[dewi]

http://www.ican-online.org/pregnancy...pregnant-woman

Yes you have the right to refuse induction!
Yes, he can then drop you as a patient as long as you're not in an emergency situation.

IMHO, if you don't hate the doctor it is better to talk to him and make him your advocate and get him on your side if you don't want to be dropped.

Doctors are scared of patient refusals against standard medical advice because Ob's practice "defensive obstetrics" everything is said and done to avoid a malpractice suit.

Best to you!
Dewi


Here is Information taken from a law journal about doctors dropping patients:

When a patient-physician relationship begins, the doctor is under ethical and legal obligations to provide medical services for as long as the patient wants, according to the American Medical Association. For a doctor to cut off that relationship and not be successfully sued with an abandonment claim, a laundry list of steps needs to be taken.
First, there has to be a legitimate reason, which could include everything from a patient refusing treatment and repeatedly missing appointments to threats of violence. Next, a letter should be sent to the patient via certified mail with a detailed explanation of the termination and a note that services will be continued for 30 days, to allow the patient to find another doctor.
Statements like "I cannot provide effective care for you" should be avoided.
The doctor should offer to transfer medical records, cost free, to the patient's new physician. Because every case is different, most practices deal with situations individually, according to legal experts

[Georgetown HB Mom]

You have the right to refuse anything no matter what state you are in. The OB can drop you from his care but like the previous post said he has to give you 30 days to find another doctor and by then you will have had the baby so you can still refuse induction and have him as your doctor when you deliver. You can also walk into a hospital and then say, Do not touch me and I will not consent to any thing and they can not kick you out of the hospital. They have to let you deliver your baby there even if they never touch you.

Good luck,
Lisa

Respiratory Therapist, homebirth mom and midwife student.

[Paige, CPM]

Rarely, but it has happened on several occasions, hospital staff has gotten a court order to intervine on behalf of the fetus...this is usually in cases of recommended c/s, but I am sure since this precident has been set it could be extended to other scenarios. I don't think it is likely in the case of induction however.

[dewi]

Changed my mind ;-)

[nashvillemidwife]

Originally Posted by dewi

Yes, he can then drop you as a patient as long as you're not in an emergency situation...

a letter should be sent to the patient via certified mail with a detailed explanation of the termination and a note that services will be continued for 30 days, to allow the patient to find another doctor.

These statements are contradictory when talking about a term pregnancy. It's something I have struggled with myself as a provider. Yes, the doctor has the right to terminate care, but also has to provide a reasonable window of time to continue providing care until the client can find another doctor. When you're down to the wire like this, the client very well may deliver before finding another care provider.

[prothyraia]

Originally Posted by Paige, CPM

Rarely, but it has happened on several occasions, hospital staff has gotten a court order to intervine on behalf of the fetus...this is usually in cases of recommended c/s, but I am sure since this precident has been set it could be extended to other scenarios. I don't think it is likely in the case of induction however.

I do know of one case (at the moderately crunch hospital I birthed at) where a woman had a court-ordered induction. She was at 42 weeks, though, not 40.

[Paige, CPM]

Originally Posted by prothyraia

I do know of one case (at the moderately crunch hospital I birthed at) where a woman had a court-ordered induction. She was at 42 weeks, though, not 40.

Wow, what were the circumstances? I am blown away by this (as I am about court ordered c/s) but for 42 weeks? It is normal for 2/3 of women who go past 42...yikes...how could that be even a moderately cruchy facility then?

[dewi]

Originally Posted by prothyraia

I do know of one case (at the moderately crunch hospital I birthed at) where a woman had a court-ordered induction. She was at 42 weeks, though, not 40.

Are you in a state where reproductive rights are eroding?
That could be the future for all women in the USA!
This is what could happen when courts start recognizing the fetus rights over a mothers civil right to make a decision. So far modern tort laws recognize a mothers rights over a fetus.

As birth advocates it is imperative for all of us to support reproductive rights and be mindful how entangled they are for the right to have an abortion, a UC, homebirth, not want to be induced or have a c/sec. It is All the same civil right that needs protecting for a pregnant women!

[prothyraia]

Originally Posted by Paige, CPM

Wow, what were the circumstances? I am blown away by this (as I am about court ordered c/s) but for 42 weeks? It is normal for 2/3 of women who go past 42...yikes...how could that be even a moderately cruchy facility then?

I don't know any of the details, really- it just came up in a discussion about post-dates pregnancies in my anatomy class. One of my classmates was a L&D nurse at that hospital, and was explaining that after a certain point placentas 'go bad'- hence the need for inductions. :eyeroll

The only thing I can think is that she must have had an AWFUL o.b. that just happened to have privileges at that hospital. I almost fell out my chair when I heard about it...it was particularly horrifying in that I was just a month of so post-partum at the time.

Originally Posted by dewi

Are you in a state where reproductive rights are eroding?

Not as far as I know, except, as you point out, in that reproductive rights are related to making choices about care during pregnancy.

[JenMidwife]

Originally Posted by dewi

As birth advocates it is imperative for all of us to support reproductive rights and be mindful how entangled they are for the right to have an abortion, a UC, homebirth, not want to be induced or have a c/sec. It is All the same civil right that needs protecting for a pregnant women!

AMEN!

[dewi]

Hi Jen

I see you're a fan of "Business of Being Born".
I'm in the movie!!!

[JenMidwife]

Originally Posted by dewi

Hi Jen

I see you're a fan of "Business of Being Born".
I'm in the movie!!!

how cool! What was your role in the movie? Sorry to hijack this thread

[HopelessPoet]

No problem with the hijack!! I've got the information I need.

[dewi]

Originally Posted by JenMidwife

how cool! What was your role in the movie? Sorry to hijack this thread

I am a "doula" and got interviewed, they showed three fat doulas talking at the back of the birth conference in NYC but did not label us.

For years Rickki used to show up at NYC birth conferences and workshops. Just sitting in the back looking like any other doula or mama at a birth conference. Always on her own, friendly and was considering becoming a midwife for along time. She is also a trained labor doula.

[dewi]

Originally Posted by HopelessPoet

No problem with the hijack!! I've got the information I need.