Pregnant patients' rights in the United States

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Pregnant patients' rights regarding medical care during the pregnancy and childbirth [1] are specifically a patient's rights within a medical setting and should not be confused with pregnancy discrimination. A great deal of discussion regarding pregnant patients' rights has taken place in the United States.

Contents

History

In Western countries, medical services used during labor and delivery have increased since the 1930s. Starting in the 1950s, with the natural childbirth movement gaining strength, concern increased over typical hospital practices during childbirth. These medical services included medications and procedures that were not always necessary  some of which had potential to harm the mother, the baby, or both. Various health-related and consumer organization groups began to advocate for a pregnant woman's right to be informed about medical services related to pregnancy and childbirth and for her right to refuse such services. [1]

In the United States, the American College of Obstetricians and Gynecologists (ACOG) acknowledged the legal obligation of physicians to obtain informed consent for procedures related to pregnancy and childbirth in 1974. [2]

Decision-making regarding pregnant patients' care

A 1987 study found that, in the preceding decade, at least 22 hospitals in the United States sought direction from the courts regarding care for pregnant patients. Fifteen court orders were sought, all but one without careful study of the legal facts of the case. [3]

In re A.C. , 573 A.2d 1235 (1990), was a District of Columbia Court of Appeals case, that was the first American appellate court case decided against a forced Caesarean section, although the decision was issued after the fatal procedure was performed. [4] Physicians performed a Caesarean section upon patient Angela Carder (née Stoner) without informed consent in an unsuccessful attempt to save the life of her baby. [5] The case stands as a landmark in United States case law establishing the rights of informed consent and bodily integrity for pregnant patients.

Specific rights advocated

Advocates endorse a pregnant patient's right to participate in medical decisions that may affect her well-being and that of her child. Specifically, these include but are not limited to the right to know the effects and risks to both the woman and the child associated with a drug or procedure, as well as the right to know about additional and alternative treatments. [1] [2]

Some groups, such as the American Hospital Association in its "Patient's Bill of Rights", advocate additional rights, including rights to the following: [1] [2]

See also

Related Research Articles

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<span class="mw-page-title-main">Caesarean section</span> Surgical procedure to deliver a baby through an incision in the mothers abdomen

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<span class="mw-page-title-main">Childbirth</span> Conclusion of the human pregnancy with the expulsion of a fetus from mothers womb

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Caesarean delivery on maternal request (CDMR) is a caesarean section birth requested by the pregnant woman without a medical reason.

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<i>Madrigal v. Quilligan</i>

Madrigal v. Quilligan was a federal class action lawsuit from Los Angeles County, California, involving sterilization of Latina women that occurred either without informed consent, or through coercion. Although the judge ruled in favor of the doctors, the case led to better informed consent for patients, especially those who are not native English speakers.

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<span class="mw-page-title-main">Emergency childbirth</span>

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<i>Montgomery v Lanarkshire Health Board</i>

Montgomery v Lanarkshire Health Board [2015] UKSC 11 is a Scottish delict, medical negligence and English tort law case on doctors and pharmacists that outlines the rule on the disclosure of risks to satisfy the criteria of an informed consent. The Supreme Court departed and overruled the earlier House of Lords case in Sidaway v Board of Governors of the Bethlem Royal Hospital, in reconsidering the duty of care of a doctor towards a patient on medical treatment. The case changed the Bolam test to a greater test in medical negligence by introducing the general duty to attempt the disclosure of risks.

Birthing classes are classes to help parents to prepare for the birth of a baby and the first cares of a newborn, and a birth plan is a document created by a pregnant woman detailing her decisions and expectations regarding her labor and childbirth.

References

  1. 1 2 3 4 Ammer, Christine (2005). "Pregnant patient's rights". Encyclopedia of Women's Health, The (Fifth ed.). New York: Facts on File, Inc. pp. 320–321. ISBN   0-8160-5790-7.
  2. 1 2 3 Haire, Doris (2000). "The Pregnant Patient's Bill of Rights". Alliance for the Improvement of Maternity Services. Archived from the original on 2007-09-30. Retrieved 2007-08-13.
  3. Thornton, Terry E.; Lynn Paltrow (1991). "The Rights of Pregnant Patients: Carder Case Brings Bold Policy Initiatives". HealthSpan. 8 (5). Retrieved 2007-08-13.
  4. Feitshans, Ilise (1995). "Legislating to Preserve Women's Autonomy during Pregnancy". Medicine and Law. 14: 397–412 via HeinOnline.
  5. Bourke, Leon (1990). "In re A.C.". Issues in Law & Medicine. 6: 299–305 via EBSCOhost.