Doulas and lawsuits, are they common??

[MERMAMA]

I am currently planning on becoming a certified doula through CAPPA, my workshop is at the end of next month. I have been wondering if anyone had ever known a doula who has been sued. I know a doula is used as a support person and make no medical decisions (sp?) But, there are those situations when just being there puts you in a bad situation. I have read a couple of other threads on this topic, but nothing that reall sheds too much light on it. Any info is greatly appreciated.:D

[Missgrl]

Hi mermama! I am moving your tread to the doula forum. I think you'll get help there!:sunshine

[HeatherE]

Hmmm... well, I know that there is doula insurance available, but I never bothered. I asked my trainer that very question during my training, as I was sort of wondering too, but she said she didn't have it and wasn't worried about it. I figured if she wasn't worried, then I wouldn't be either.

:confused:

[mamallama]

Many doulas choose not to carry insurance, after all, they aren't doing anything medical or offering medical advice.

But, just so you know what all of your options are...

ICAN offers insurance with a professional membership. ICAN is a hardworking, effective organization (imo), and worthy of financial support anyway...the insurance offer is really the icing on the cake.

Check it out at http://www.ican-online.org/

[KeysMama]

I have lots to loose in a law suit, although after 8 years I can't phathom what I would be sued over....I carry a hefty malpractice policy and always have.

[Journey]

I know of one situation where a doctor threatened a laboring woman with a cesarean, and the doula "convinced" the woman to hide in a closet with her, where the baby was birthed.

I don't know any more details than that, but in a situation with a doula who shares animosity with the hospital staff, a situation may arise that can result in lawsuits.

[1stTimeMummytoLore]

I just finished my DONA doula training and our trainer said that she;'s not aware of any doula being sued at this point. I think if you are very careful and do not "practice medicine" then they can't really sue you.

We talked about this at my childbirth educator training too. And their advice was not to carry insurance. They compared it to doctors-- MDs never used to get sued "back in the day" but when malpractice insurance came around all of a sudden lawsuits went up because pay-offs got huge.

If anyone tried to sue me, they wouldn't get very much at all.

Kate

[lorijds]

I don't know of any doula that has been sued, but I do know of one doula who has been called to testify in a case against a physician and hospital. Her notes that she took during the birth process and her eye witness testimony was critical to the case.

So make sure you document. Hers was not pages of documentation; just notes on who the people in the room were, vital signs, brief notes of discussions with mom, dad, and medical staff, times and outcomes of assessments, etc. Her testimony and documentation, as well as the father's eyewitness testimony, was used against the hospital in an attempt to show that they miscommunicated importan information and then tried to cover it up with falsifying documents. This was in an unfortunate case where the mother died.

So I urge you all to find a simple consistent documentation style, and to keep your records for several years. It could save you in the event you are sued; it could also help bring someone to justice. Finally, I know several doulas who photocopy their notes and give them to the mom and dad as a keepsake from the birth. Sort of "notes from the heat of the moment."

Lori

[Bestbirths]

OT and just curious Lori-Is the doula who was at the birth where the mother died still practicing? How was she after the birth, did she take time off, how did she cope with it? That's what I'd want to know.

I am a doula and I don't carry insurance.