Join Date: Aug 2005
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Originally Posted by chandasz
I'm having a really hard time believing that just because you consent to care at a hospital-- that you have no say over what they do to you. I had understood that if you say "no" that anything that they do to you that you refuse contitutes assualt.
Have any of you spoken to lawyers? You have been assaulted.
I haven't spoken to any lawyers yet because so far I can't get past the person who answers the phone. In other words, no lawyers will even talk to me even though the assault I suffered resulted in a severe emotional injury; PTSD, PPD and anxiety. From what I can gather, I can't sue for medical malpractice because there would need to be a physical injury or death, and I can't sue for personal injury because the injury suffered was not physical. No lawyer of any sort will take these cases because they are impossible to win. The defense can simply file 100's of OB's through the court room who will testify that I received the standard of care for laboring and birthing women. It is very similar to how there are "laws" to say you can breastfeed in public, but anyone who wants to can just kick you off their plane or out of their restaurant for doing it and there is nothing you can do about it. There are supposedly laws in place to protect my patients rights, and there is the whole "informed consent" bit, but there is no recourse if my patients rights are violated or if I did not give informed consent, even if my DH and doula were there to witness this fact.
So to answer your concern, "no" means nothing in a hospital. If you say "no", especially if you are a woman in labor and are therefore viewed as being childlike and out of your mind, then you have no ability to stop what is happening to you by simply saying "no". It would take physical action, however, it is highly unlikely that any laboring or birthing woman would be in a physical or emotional state where she was able to physically fight back. It is a pretty absurd suggestion actually.