Showing posts with label informed consent. Show all posts
Showing posts with label informed consent. Show all posts

Wednesday, May 09, 2018

Obstetric violence--where #metoo births birth

Obstetric violence is a real thing. It's a form of physical and sexual assault. It comes in many forms--from little things like clamping the cord when the mother has specifically said "no," to big things like non-consensual episiotomies or cesareans. I've seen it happen as a doula, and I've written about it in my PhD dissertation.

This recent article by Sarah Yahr Tucker knocks it out of the park: Doctors Frequently Abuse, Coerce, and Bully Women in Labor, Doulas Say.


If you want to make a difference, please donate to the "Mother May I?" documentary. If you donate today or tomorrow, a generous donor has offered a $5000 matching grant. Only 6 days left to fund the documentary!
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Monday, November 20, 2017

Consent for a forced cesarean

This summer I was listening to Dr. Stu's Podcast while repainting the windows on my carriage house. (Whenever I listen to something memorable, I also distinctly remember the location where I was listening--does the same thing happen to you?) It was an episode about Consent for a forced cesarean.

In a blog post, Dr. Stu explains why he created a consent document for women being forced into having an unwanted cesarean section due to hospital policy banning breech, VBAC, or vaginal twins. The consent form is brilliant.



If all women being forced into unwanted cesareans asked their hospitals to sign this consent form before their surgery, hospital bans on vaginal birth for breech, twins, and VBACs might change overnight.

The consent form documents that the woman does not consent to the surgery, that ACOG's guidelines allow for vaginal birth in these situations and forbid the use of force or coercion, and that the hospital will be responsible for any complications due to the surgical birth, both short- and long-term.

Dr. Stu has invited everyone to download, edit, and distribute his consent form widely.

ps--I would suggest adding ACOG's 2016 Committee Opinion on Refusal of Medically Recommended Treatment During Pregnancy to the list of references.


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Saturday, August 26, 2017

Why do I care about breech so much?

This letter explains why I want vaginal breech birth to remain a viable option for all women. It was originally written to a member of the Coalition for Breech Birth Facebook group and shared with permission. (I added paragraph breaks for readability.)

~~~~~

Hi F___, I found your posts that had the hashtag "forcedcesareans." I searched it because I feel like very few people understand the pain I'm going through. I had a forced c-section because my baby was frank breech. I knew vaginal was possible, and that it happens in many European countries (hospitals too). I live in WA, and as anywhere else in the US, hospitals don't allow vaginal breech. I felt completely trapped, I wanted to run away before the scheduled surgery but I couldn't because I've been showered with scare tactics by the doctors.

The day of the surgery was a complete nightmare and I was in shock and scared the whole time. I felt like dying while the needle was entering my spine. "When you'll see your baby it won't matter", they said. And it didn't for a couple of minutes, because I was drugged and tired of fighting over what was no longer my pregnancy. But then I stopped taking opioids (I had to have an unmedicated birth... I didn't want anything like that! I wanted at least to go into labor...), the pain became less intense and anger grew inside of me.

I still feel angry and I feel like it's growing everyday. I still have flashbacks that some days are very frequent. And I feel angry and desperate and lost. They all knew. Everyone knew I absolutely did not want this. I cried at every appointment since the word "breech" was mentioned. I cried every day in between, and after, especially as the physical pain was decreasing, leaving space for more anger. I do not trust hospitals anymore. I hate my body now. I was loving it. I was loving my pregnancy until then. Now I feel like half a person. I have a baby but I didn't give birth. And no, I didn't. Every time I hear someone who's never had it done say "it's the same, a friend of mine had both vaginal and cs and she said there's no difference!" I get angry. I hate everything about it.

I don't trust hospitals anymore, at least not for birthing. When they saw I was in despair they kept repeating me next time I cod go for a VBAC. They were already planning my next pregnancy, exacerbating the feeling that what I was living wasn't my pregnancy anymore, and the next one too (the hospital being more TOLAC friendly than VBAC. What a joke.). They also made me feel inadequate because my baby was too sleepy from my opioid-tainted colostrum and she lost 11% of her birth weight, telling me I had to integrate with formula as my nipples were also sore.

I'll never forget what a horrible thing was done to me, all because of hospital policy and the lack of expertise. Because of their limits I had to be sliced open, had my baby removed from my body before labor even started, leaving me deeply traumatized, emotionally and physically broken, afraid of my own body and worried about my future pregnancy. I will have to report the surgery even if I will have to go to the dentist, reminding me every time that my bodily integrity is gone forever. All because my baby was head up.

Sorry for the long message... I just need to communicate how painful and horrible it is to prevent a woman from doing something so natural that her body needs. It messed up my psyche and I feel anguished about surgical birth unless strictly necessary. Thanks for reading... ❤️
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Sunday, July 09, 2017

How do medical information and patient preferences affect how a breech baby is born?

I just finished translating an excerpt from a French article that examines the interplay of medical information and patient choice in breech presentation. The authors include eloquent observations on how giving one-sided information to patients about the risks of vaginal breech birth, but not the risks of cesarean section, is "disinformation." They note that vaginal breech birth might face extinction in France, not for medical reasons, but because social pressures have heavily influenced obstetricians' fears and patients' preferences.

Original article: J Delotte, C Schumacker-Blay, A Bafghi, P Lehmann, A Bongain. Medical information and patients’ choices: Influences on term singleton breech deliveries. Gynécologie Obstétrique & Fertilité 35 (2007) 747–750. 

Excerpt from pp. 748-750 translated by Rixa Freeze, PhD, 2017. PDF version of the translation here.
Email me
if you'd like to read the original article and see their illustrations.


Discussion
Studies debating the preferred mode of birth for breech presentation highlight the value of studying and learning obstetric maneuvers [6]. Medical information and patient preferences are both important criteria in influencing how women give birth to their breech babies. The type of medical information given to patients is crucial because it reflects obstetricians’ current fears. Moreover, the nature and bias of the information provided during consultations influences patients’ choices. Patients' preferences are also derived from their own knowledge, their interpretation of information provided by their provider, and the influence of their close associates and therefore of society as a whole.

We first analyzed written information that specifically mentions risks related to vaginal breech birth. Indeed, the very act of including information about a potential complication in a patient’s file shows that the provider has overtly presented and emphasized certain risks. Written information included in patients’ files indirectly represents providers’ attitudes towards vaginal breech birth and how they likely discuss it in person with their patients. If, during a medical discussion, providers emphasize certain complications, they can influence patients’ choices. Although our study does not reflect the totality of information given to patients about breech presentation, it nevertheless provides a good approximation of providers’ overall attitudes during consultations. There has been an almost constant increase in giving patients this type of information (Figure 1). In 1996, no additional specific information relating to the risks of vaginal breech birth was noted in patient files. In 2005, this information was found in almost 70% of files.

The value of this additional written information is debatable. Doctors have an ethical obligation to give their patients clear, unbiased, and honest information, and their care must be evidence-based. Thus, exclusively presenting the complications of vaginal breech birth without presenting the complications of cesarean section clearly shows how current controversies over mode of birth for breech presentation are influencing the type of information given to the patients. This one-way information is likely not fair or unbiased. This type of information is, in effect, disinformation, since patients only learn about the risks of vaginal breech birth but not about the risks of cesarean. Patients’ choices can therefore be influenced by providers who give their patients written materials to protect themselves from medico-legal risks linked to the duty of informed consent. A possible solution may lie in standardizing the information provided to the patient and in presenting the risks of both planned vaginal breech birth and cesarean in a fair and honest manner [7,8]. Creating such a document is difficult and must take into account different varieties of obstetric practice. While documents on the modalities and complications of cesarean section have been produced by obstetrical societies, there is no such document concerning breech presentation. Until the French College Gynecologists and Obstetricians (CNGOF) produces a patient information sheet, patient information is currently based solely on what each individual provider or institution provides.

The second criterion that we analyzed, maternal choice, is probably influenced by providers but also by the beliefs of the patient or those around her. The rate of maternal demand for cesarean section for a term breech presentation was less than 10% until 2000, the year the Term Breech Trial was published. Since then, planned cesarean section solely for maternal choice has steadily increased to 25% today. In contrast, demand for cesarean section upon hospital admission, in patients who had previously consented to a vaginal breech birth during a consultation, increased at a slower rate. Nevertheless, this still occurs in nearly 15% of cases. This rate is particularly alarming since a cesarean performed during labor leads to increased maternofetal morbidity compared to planned caesarean section. Thus, if we consider the total population of women admitted to hospitals with a term breech presentation, about 30% of cases end in cesarean section due to maternal choice. This figure has tripled in the space of six years.

So does the debate on breech affect medical information, or does the exposure of this debate in the media influence patient choice? It is probably a combination of these two phenomena, since comparing the curve concerning maternal choice with written information about vaginal breech birth shows similarities—in particular, a very significant increase in their respective rates beginning in the 2000s to a stagnation at the present time.

Maternal choice, which is increasing in importance, has a strong influence on the debate over mode of delivery for breech. Indeed, to maximize reduction of maternofetal risks during vaginal breech birth, providers need to adequate experience and training during residency [9]. Current maternal choices are leading to a decreased rate of vaginal breech birth. This trend also leads to a decrease in the practice and teaching of maneuvers for vaginal breech birth. If maternal choices continue to evolve over the next few years, the practice of vaginal breech birth may no longer be taught in hospitals. In the absence of a rapid change favoring vaginal breech birth, the choice of delivery route for a term breech presentation may disappear, not for medical reasons but because of a societal debate that has influenced obstetric practice.

Conclusion
Breech delivery involves 3% of term pregnancies. Medical information and patients’ perceptions strongly influence providers’ abilities to learn and practice maneuvers for vaginal breech birth. This trend threatens the future of vaginal breech birth in France.


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Tuesday, July 04, 2017

A life event of enormous magnitude

Here's a little gem I just unearthed from a 2004 article about vaginal breech birth in a tertiary hospital in Trinidad. In the conclusion, the authors write:


That last sentence...yes.
The individual woman's wishes must be taken into consideration as for some, labour is an integral and treasured experience and a vaginal delivery is a life event of enormous magnitude.


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Friday, June 23, 2017

Articles on informed consent, autonomy, and forced/coerced interventions

I have discovered several recent articles about autonomy, informed consent, and forced/coerced interventions during childbirth that I highly recommend:

Also some older articles that are still relevant and useful:
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Tuesday, May 16, 2017

My letter to DeKalb Medical regarding their reaction to a breech twin birth

Last week, DeKalb Medical revoked See Baby Midwifery's privileges after Dr. Bootstaylor attended the birth of breech-breech twins. The parents of the twins--both born with excellent Apgar scores-- wrote a letter this week attesting to the quality of their care. They lived 4 hours away in Savannah and relocated for the last month of her pregnancy in order to have the chance of a vaginal birth.

Dr. Bootstaylor is meeting with DeKalb today to discuss the situation. I wrote the following letter in support of See Baby Midwifery and Dr. Bootstaylor. (Click on the image for a PDF version.)


Monday, May 15, 2017

Dear DeKalb Medical,

I am writing to express my extreme consternation about your revoking See Baby’s privileges. As I understand the situation, Dr. Bootstaylor supported a family who wanted a vaginal birth for their breech-breech twins. The twins were both born with excellent Apgar scores; the second twin sustained a long bone fracture that is healing without complication.

I am a maternity care researcher and academic, and one of my main research interests is vaginal breech birth. I am also a mother of four children, so restricting women’s choices in childbirth is a personal issue as well as a professional concern.

I am currently collaborating with a British midwife and breech expert, Shawn Walker, to help hospitals safely implement vaginal breech services. As the evidence mounts that vaginal breech birth can be a safe option, especially when supported by experienced providers (1), it is unethical to ban women and their providers from the option of a vaginal breech birth. Studies on breech-first twins are rare, but the best evidence indicates that cesarean section is no safer than vaginal birth (2). The most recent ACOG practice bulletin upholds vaginal breech birth with experienced providers (3).

I want to remind you that banning vaginal breech birth or vaginal twin births by removing experienced providers such as Dr. Bootstaylor forces women to have surgery without their consent and forces providers to coerce their patients into surgery. This directly violates the principle of informed consent, which includes the right to informed refusal (4). AGOG’s May 2016 practice bulletin strongly upholds pregnant women’s right to refuse medical treatment. It reads:
[A] decisionally capable pregnant woman’s decision to refuse recommended medical or surgical interventions should be respected. The use of coercion is not only ethically impermissible but also medically inadvisable because of the realities of prognostic uncertainty and the limitations of medical knowledge. As such, it is never acceptable for obstetrician–gynecologists to attempt to influence patients toward a clinical decision using coercion. (5)
Forcing women to have cesareans for cases such as breech, twins, or VBAC also violates U.S. legal rulings that uphold the right of competent adults to refuse surgery (6). In particular, the Georgia Medical Consent Law has a section on the “Right of persons who are at least 18 years of age to refuse to consent to treatment”:
Nothing contained in this chapter shall be construed to abridge any right of a person 18 years of age or over to refuse to consent to medical and surgical treatment as to his own person. (31-9-7) (7)
I have read Jessica and Kevin Hake’s statement about why they chose to have their twins with Dr. Bootstaylor. Nothing in that letter shows evidence of illegal, unethical, or unsafe practices. In fact. Dr. Bootstaylor’s commitment to patient advocacy by respecting Jessica’s right to informed consent and self-determination should be commended.

Short-term morbidity, such as a long bone fracture, can happen after cesarean sections, including cesareans for breech babies (8). Forcing all women to have cesareans for breech or twins because of a long bone fracture is as illogical as forcing all women to have cesareans to avoid shoulder dystocia, or requiring all women to have vaginal births to avoid placenta accreta.

Women who have cesarean surgeries face a higher risk of death (9). Their subsequent pregnancies have worse outcomes than those of women who had vaginal births (10).  Removing the option of a vaginal birth for women with breech, twins, or uterine scars births forces these women to undertake these risks, often with no added benefit.

The See Baby team is one of the few practices in the area—even in the state, as the Hake’s story can attest to—that offers women a full range of choices. I urge you to reinstate See Baby’s privileges. I also urge you to encourage all maternity care providers at your hospital to provide full informed consent and a full range of choices to their patients, including the right to refuse a cesarean in favor of a vaginal birth.

All women deserve to give birth in the manner of their choosing, free of coercion. The law requires it. Medical ethics demands it. And most importantly, women want it.

Sincerely,

Rixa Freeze, PhD

References

1.
  • Alarab M, Regan C, O’Connell MP, Keane DP, O’Herlihy C, Foley ME. Singleton vaginal breech delivery at term: still a safe option. Obstet Gynecol 2004;103:407–12.
  • Albrechtsen S. Breech delivery in Norway—clinical and epidemiological aspects [dissertation]. Bergen: University of Bergen; 2000:1–68.
  • Goffinet F, Carayol M, Foidart JM, Alexander S, Uzan S, Subtil D, et al. Is planned vaginal delivery for breech presentation at term still an option? Results of an observational prospective survey in France and Belgium. Am J Obstet Gynecol 2006;194:1002–11.
  • Haheim LL, Albrechtsen S, Berge LN, Bordahl PE, Egeland T, Henriksen T, et al. Breech birth at term: vaginal delivery or elective cesarean section? A systematic review of the literature by a Norwegian review team. Acta Obstet Gynecol Scand 2004;83:126–30.
  • Hellsten C, Lindqvist PG, Olofsson P. Vaginal breech delivery: is it still an option? Eur J Obstet Gynecol Reprod Biol 2003;111:122–8.
  • Kumari AS, Grundsell H. Mode of delivery for breech presentation in grandmultiparous women. Int J Gynaecol Obstet 2004;85:234–9.
  • Rietberg CC, Elferink-Stinkens PM, Brand R, Loon A, Hemel O, Visser GH. Term breech presentation in the Netherlands from 1995 to 1999: mortality and morbidity in relation to the mode of delivery of 33824 infants. BJOG 2003;110:604–9.
  • Rietberg CC, Elferink-Stinkens PM, Visser GH. The effect of the Term Breech Trial on medical intervention behaviour and neonatal outcomes in the Netherlands: an analysis of 35453 term breech infants. BJOG 2005;112,205–9.
  • Uotila J, Tuimala R, Kirkinen P. Good perinatal outcome in selective vaginal breech delivery at term. Acta Obstet Gynecol Scand 2005;84:578–83.
2. Blickstein I, Goldman RD, Kupferminc M. Delivery of breech first twins: a multicenter retrospective study. Obstet Gynecol. 2000 Jan;95(1):37-42.

3. American College of Obstetricians and Gynecologists. Practice Bulletin No. 161: External Cephalic Version. Obstet Gynecol 2016;127(2):e54–61.

4.
  • Chavkin W, Diaz-Tello F. When Courts Fail: Physicians’ Legal and Ethical Duty to Uphold Informed Consent. Columbia Medical Review. 6 Mar 2017; 1(2): 6-9.
  • Goldberg H. Informed Decision Making in Maternity Care. Journal of Perinatal Education. 2009; 18(1): 32-40.
  • Hammami MM et al. Patients' Perceived Purpose of Clinical Informed Consent: Mill's Individual Autonomy Model is Preferred. BMC Med Ethics. 10 Jan 2014; 15: 2.
  • Kotaska A. Informed Consent and Refusal in Obstetrics: A Practical Ethical Guide. Birth. 2017; 00: 1-5.
  • Moulton B, King JS. Aligning Ethics With Medical Decision-Making: The Quest for Informed Patient Choice. J Law Med Ethics. Spring 2010; 38(1): 85-97.
5. American College of Obstetricians and Gynecologists. Refusal of medically recommended treatment during pregnancy. Committee Opinion No. 664. Obs Gynecol 2016;127:e175–82

6. See, for example:
Union Pacific Railway Co. v. Botsford, 141 U.S. 250, 251 (1891)
Schloendorff v. Society of New York Hospital, 105 NE. 92, 93 (N.Y. 1914)
Cruzan V. Director, Missouri Dept. of Health, 497 U.S. 261, 270 (1990)
In re Brown, 478 So.2d 1033 (Miss. 1985)
Cruzan V. Harmon, 160 S.W.2d 408, 417 (Mo. 1988)
Matter of Guardianship of L.W., 482 N.W.2d 60, 65 (Wis. 1992)
In re Fiori, 673 A.2d 905, 910 (Pa. 1996)
Stouffer v. Reid, 993 A.2d 104, 109 (Maryl. 2010)
7. Code 1933, § 88-2907, enacted by Ga. L. 1971

8.
  • Canpolat FE, Köse A, Yurdakök M. Bilateral humerus fracture in a neonate after cesarean delivery. Arch Gynecol Obstet. 2010 May;281(5):967-9.
  • Capobianco G et al. Cesarean section and right femur fracture: a rare but possible complication for breech presentation. Case Rep Obstet Gynecol. 2013;2013:613709
  • Cebesoy FB, Cebesoy O, Incebiyik A. Bilateral femur fracture in a newborn: an extreme complication of cesarean delivery. Arch Gynecol Obstet. 2009 Jan;279(1):73-4.
  • Farikou I, Bernadette NN, Daniel HE, Aurélien SM. Fracture of the Femur of A Newborn after Cesarean Section for Breech Presentation and Fibroid Uterus : A Case Report and Literature Review. J Orthop Case Rep. 2014 Jan-Mar;4(1):18-20.
  • Kancherla R et al. Birth-related femoral fracture in newborns: risk factors and management. J Child Orthop. 2012 Jul;6(3):177-80.
  • Matsubara S et al. Femur fracture during abdominal breech delivery. Arch Gynecol Obstet. 2008 Aug;278(2):195-7.
  • Morris S et al. Birth-associated femoral fractures: incidence and outcome. J Pediatr Orthop. 2002 Jan-Feb;22(1):27-30.
  • Rasenack R et al. [Fractures in neonates as a result of birth trauma caused by caesarean section]. [Article in German] Z Geburtshilfe Neonatol. 2010 Oct;214(5):210-3.
9.
  • van Dillen, J., Zwart, J. J., Schutte, J., Bloemenkamp, K. W.M. and van Roosmalen, J. (2010), Severe acute maternal morbidity and mode of delivery in the Netherlands. Acta Obstetricia et Gynecologica Scandinavica, 89: 1460–1465.
  • Schutte JM, Steegers EA, Santema JG, Schuitemaker NW, Van RJ. Maternal deaths after elective caesarean section for breech presentation in the Netherlands. Acta Obstet Gynecol Scand 2007;86:240–3.
10. Caughey AB, Cahill AG, Guise J-M, Rouse DJ. Safe prevention of the primary cesarean delivery. Am J Obstet Gynecol 2014;210(3):179–93.
Read more ...

Thursday, September 22, 2016

Hermine Hayes-Klein speaks about informed consent at Cedars-Sinai

I urge that you watch this brilliant presentation about informed consent in obstetrics by human rights attorney Hermine Hayes-Klein. She delivered it at Cedars-Sinai hospital in Los Angeles. One of her many astute observations:
The right of informed consent is only tested as a right when the patient resists. And of course all those yeses don't mean anything unless that 1 in 100 patient also has the right to say no. There is no yes unless you also have the right to say no.
Also don't miss the comment at the end by Maternal Fetal Medicine specialist Emiliano Chavira (a lovely, gentle, caring person I had the honor of meeting at the Amsterdam Breech Conference this summer).

Take the time to watch the whole presentation. Share with your physician/midwife/nurse colleagues. Share with pregnant women and their families.

All the things I care deeply about--midwifery, home birth, physiological birth, vaginal breech birth, VBAC, cesarean rates--boil down to a fundamental human rights issue: does a woman have the ability to choose what happens to her, to her body, to her baby, when she is pregnant and when she is giving birth? Is she being manipulated, coerced, or forced into something she does not want? Are her providers supportive and understanding and respectful of her autonomy, even in the face of their own fears and assessments? Is the pregnant woman being given accurate and appropriate information, or only being told information that will skew her towards a certain action?

Informed consent is THE fundamental issue in maternity care. I also think that it holds the potential to be the driving force that will solve these issues.

Hermine ends her presentation with the phrase Fiat iustitia ruat cælum--"Let justice be done though the heavens fall."

May we shake the heavens and uproot anything that prevents women from being--to borrow a phrase from Hermine's presentations--the captains of their own ships.
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Thursday, September 01, 2016

My letter to Glendale Adventist Medical Center

Below is the letter I am sending to Glendale Adventist Medical Center regarding their recent ban on vaginal breech birth. Let the wrath of Rixa descend upon them!

Please, don't forget to write your own letters and make phone calls. If you are in the Los Angeles area, attend the rally on Sep. 7th. I am offering a ring sling and infant scale sling as a giveaway for anyone who participates.

~~~~~

Thursday, September 1, 2016

To Whom It May Concern:

I am writing to express my extreme consternation about the recent ban on vaginal breech births enacted by Glendale Adventist Medical Center. I am also contacting the Adventist Health Compliance Program and Karen Brandt, director of Women and Children's Services, about my concerns.

I am a maternity care researcher and academic, and one of my main research interests is vaginal breech birth. I am also a mother of four children, so a banning vaginal breech birth is a personal issue as well as a professional concern.

I am currently collaborating with a British midwife and breech expert, Shawn Walker, to help hospitals safely implement vaginal breech services. As the evidence mounts that vaginal breech birth can be a safe option, especially when supported by experienced providers (1-9), it is unethical to ban women and their providers from the option of a vaginal breech birth. Recent ACOG practice bulletins uphold vaginal breech birth with experienced providers (10).

I want to remind you that banning vaginal breech birth forces women to have surgery without their consent. This directly violates the principle of informed consent, which includes the right to informed refusal. AGOG’s May 2016 practice bulletin strongly upholds pregnant women’s right to refuse medical treatment (11):

[A] decisionally capable pregnant woman’s decision to refuse recommended medical or surgical interventions should be respected. The use of coercion is not only ethically impermissible but also medically inadvisable because of the realities of prognostic uncertainty and the limitations of medical knowledge. As such, it is never acceptable for obstetrician–gynecologists to attempt to influence patients toward a clinical decision using coercion.

A vaginal breech ban forces providers to coerce their patients into unnecessary, unwanted surgery.

Vaginal breech bans also violate legal rulings that uphold the right of competent adults to refuse surgery (12) In particular, the California Health & Safety Code §1262.6(a)(3) (enacted 2001) states:

Each hospital shall provide each patient, upon admission or as soon thereafter as reasonably practical, written information regarding the patient’s right to the following:… Participate actively in decisions regarding medical care. To the extent permitted by law, participation shall include the right to refuse treatment.

Glendale Adventist’s new policy banning vaginal breech birth is not just unethical and illegal—it is harmful to women and babies. Women who have cesarean surgeries face a higher risk of death (13-14). Their subsequent pregnancies have worse outcomes than those of women who had vaginal births (15). Banning vaginal breech births forces women to undertake these risks with no added benefit.

I urge you to make every possible effort to reverse this policy. Instead of banning vaginal breech births, the better course would be to encourage all maternity care providers to become skilled in vaginal breech births, so that all women are able to have a safe, respectful birth in the manner of their choosing.

Universal, mandatory cesarean section is not the answer to breech presentation. The solution? Upholding women’s autonomy and allowing providers to attend vaginal breech births.

Sincerely,

Rixa Freeze, PhD

References:
1. Uotila J, Tuimala R, Kirkinen P. Good perinatal outcome in selective vaginal breech delivery at term. Acta Obstet Gynecol Scand 2005;84:578–83.
2. Albrechtsen S. Breech delivery in Norway—clinical and epidemiological aspects [dissertation]. Bergen: University of Bergen; 2000:1–68.
3. Rietberg CC, Elferink-Stinkens PM, Brand R, Loon A, Hemel O, Visser GH. Term breech presentation in the Netherlands from 1995 to 1999: mortality and morbidity in relation to the mode of delivery of 33824 infants. BJOG 2003;110:604–9.
4. Hellsten C, Lindqvist PG, Olofsson P. Vaginal breech delivery: is it still an option? Eur J Obstet Gynecol Reprod Biol 2003;111:122–8.
5. Alarab M, Regan C, O’Connell MP, Keane DP, O’Herlihy C, Foley ME. Singleton vaginal breech delivery at term: still a safe option. Obstet Gynecol 2004;103:407–12.
6. Kumari AS, Grundsell H. Mode of delivery for breech presentation in grandmultiparous women. Int J Gynaecol Obstet 2004;85:234–9.
7. Haheim LL, Albrechtsen S, Berge LN, Bordahl PE, Egeland T, Henriksen T, et al. Breech birth at term: vaginal delivery or elective cesarean section? A systematic review of the literature by a Norwegian review team. Acta Obstet Gynecol Scand 2004;83:126–30.
8. Goffinet F, Carayol M, Foidart JM, Alexander S, Uzan S, Subtil D, et al. Is planned vaginal delivery for breech presentation at term still an option? Results of an observational prospective survey in France and Belgium. Am J Obstet Gynecol 2006;194:1002–11.
9. Rietberg CC, Elferink-Stinkens PM, Visser GH. The effect of the Term Breech Trial on medical intervention behaviour and neonatal outcomes in the Netherlands: an analysis of 35453 term breech infants. BJOG 2005;112,205–9.
10. American College of Obstetricians and Gynecologists. Practice Bulletin No. 161: External Cephalic Version. Obstet Gynecol 2016;127(2):e54–61.
11. American College of Obstetricians and Gynecologists. Refusal of medically recommended treatment during pregnancy. Committee Opinion No. 664. Obs Gynecol 2016;127:e175–82
12. See, for example:
     Union Pacific Railway Co. v. Botsford, 141 U.S. 250, 251 (1891)
     Schloendorff v. Society of New York Hospital, 105 NE. 92, 93 (N.Y. 1914)
     Cruzan V. Director, Missouri Dept. of Health, 497 U.S. 261, 270 (1990)
     In re Brown, 478 So.2d 1033 (Miss. 1985)
     Cruzan V. Harmon, 160 S.W.2d 408, 417 (Mo. 1988)
     Matter of Guardianship of L.W., 482 N.W.2d 60, 65 (Wis. 1992)
     In re Fiori, 673 A.2d 905, 910 (Pa. 1996)
     Stouffer v. Reid, 993 A.2d 104, 109 (Maryl. 2010)
13. van Dillen, J., Zwart, J. J., Schutte, J., Bloemenkamp, K. W.M. and van Roosmalen, J. (2010), Severe acute maternal morbidity and mode of delivery in the Netherlands. Acta Obstetricia et Gynecologica Scandinavica, 89: 1460–1465.
14. Schutte JM, Steegers EA, Santema JG, Schuitemaker NW, Van RJ. Maternal deaths after elective caesarean section for breech presentation in the Netherlands. Acta Obstet Gynecol Scand 2007;86:240–3.
15. Caughey AB, Cahill AG, Guise J-M, Rouse DJ. Safe prevention of the primary cesarean delivery. Am J Obstet Gynecol 2014;210(3):179–93.
Read more ...

Thursday, August 25, 2016

Support women's autonomy and win a sling!

I hate writing this:

Yet again, two hospitals have banned vaginal breech birth: Glendale Adventist Medical Center in Los Angeles and Dekalb Medical in Atlanta. And for good measure, Dekalb also banned VBAC and water birth.

Because of community outcry, Dekalb reinstated Dr. Bootslayer of See Baby Midwifery to do vaginal breech births and VBACs as of yesterday (Aug 24). Thanks to everyone for your calls and letters--we can make a difference!

I now want Glendale Adventist to hear from as many women as possible that a ban on vaginal breech birth is not acceptable. By removing the option of a vaginal breech birth, Glendale is forcing women to have unwanted and unnecessary cesareans. This is a violation of a person's right to bodily autonomy and of the policy of informed consent. Part of informed consent is the ability to refuse a recommended treatment--called "informed refusal." ACOG recently upheld pregnant women's right to refuse treatment, so this ban is particularly concerning.

I phoned Glendale's Maternity Services today, and they said that the decision came from the governing board of the hospital, not from their own department. In other words, the ban came from hospital administrators, not from the people who are actually caring for pregnant women.

If you are in the Los Angeles area, please attend the Rally Against Vaginal Breech Birth Ban on Wednesday, Sep 7th from 11am - 3pm.

To encourage you to write in or to participate in the rally, I am offering one ring sling and one infant scale sling as a giveaway. (See end of this post for details).



More information is available at Shawn Walker's blog--she is a British midwife, PhD candidate, and breech expert. She includes a letter that she wrote to Dekalb explaining why a ban on breech birth is unjustified.

Entry rules:
Write or phone Glendale Adventist or attend the rally. Then send me proof. You could cc me on the email, send me a screen shot, a picture of the letter going into the mail, etc. Or if you attended the rally, send me a photo! Let me know if you'd prefer a ring sling or an infant scale sling.

I will choose the winners on Thursday, Sep 8th at 5 pm EST.

Contact info for Glendale: I advise contacting all parties and letting them know who else is receiving your letters or phone calls.

1. You may file a grievance with GAMC by calling or writing:
GAMC Customer Service
1509 Wilson Terrace
Glendale, CA 91206
(818) 409-8196

2. You may also file a grievance with Adventist Health by contacting:
Adventist Health Compliance Program
2100 Douglas Blvd.
Roseville, CA 95661
(888) 366-3833

3. Karen Brandt, Director of Women and Children's Services
818-409-8243
1509 Wilson Terrace
Glendale, CA 91206

Twitter: #bringbreechback

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Wednesday, March 13, 2013

Press Release: Protections for mothers are under threat

For Immediate Release
March 13, 2013

Contact: Cristen Pascucci
Phone: (443) 622-2892


ImprovingBirth.org and International Cesarean Awareness Network Address Threats to Rights of Pregnant Women

With protections for mothers under threat, advocacy groups call for solutions


San Diego, CA–Maternity care advocacy groups speak out on the heels of last week’s public cases of a Florida mother threatened with law enforcement to compel a quicker Cesarean and of “Mother A” in Ireland, the woman taken to court by her hospital to force birth by surgery.


“We’re concerned that we’re hearing from more and more pregnant women about what seems to be a growing disregard for their rights; commonly, this means denials of informed consent and refusal, but we’re seeing more extreme cases of legal coercion. In the last few months, women in Pennsylvania, New York, Oregon, Maine, and Washington have reached out to us with pleas for help against threats of police involvement and court-ordered surgery,” said Dawn Thompson, president of ImprovingBirth.org.


Christa Billings, president of International Cesarean Awareness Network, urged, “It’s a dangerous situation for moms and babies when a cooperative, trusting relationship between patients and providers is undermined. It gives doctors the power to decide when and how you give birth—not necessarily based on your circumstances, but on things like practice preferences, opinion, scheduling, convenience, and legal liability concerns.


Legal protections for women in pregnancy and birth are the same as for non-pregnant people—including constitutionally based rights to privacy, physical integrity, autonomy, informed consent, and the rights to refuse treatment and surgery. These rights are foundational in constitutional democracies, including the United States. The fundamental human right of a woman to decide how, where, and with whom she gives birth was affirmed in the landmark 2010 Ternovszky vs. Hungary decision by the European Court of Human Rights.


“Healthcare decisions are for the individual to make. When we contract with our providers for their expert advice and skill, we do not trade in our basic rights to informed consent and refusal of treatment and surgery,” said Cristen Pascucci, ImprovingBirth.org Vice President. “Then, when our medical and legal systems join forces against women and their autonomy, what follows is the systematic undermining of women’s ability to protect themselves and the babies they carry. Allowing policy that removes mothers as the representatives of their babies, based on a broad assumption that anyone but the mother is more invested in her and her baby’s safety and well-being, is troubling.”


Ms. Billings added, “Hospital Cesarean rates in the U.S. range from 7% to 70%–a variance largely due to provider preference, not patient diagnosis. While Cesarean surgery can be life-saving for mother and baby, it is major abdominal surgery which is not without significant health risks for both the woman and her child. These choices should be discussed and decided on together by both the mother and health care provider, not via coercion by the care provider. Women truly care for their babies and want to make the best evidence-based choices for their care.”

According to Dr. Nick Rubashkin, staff obstetrician and chair of the Perinatal Quality Committee at St. Luke’s Hospital in San Francisco: “The American Congress of Obstetricians and Gynecologists (ACOG) Committee on Ethics clearly states that using the law to punish maternal decisions … has no place in prenatal care. Now is an opportunity for departments of obstetrics and gynecology across the country to take a good look at whether their policies and procedures need improvements to be consistent with ethical guidelines.”


“We call on ACOG and other organizations to reiterate their ethical guidelines concerning patients’ rights—especially in maternity care,” said Ms. Thompson. “And then, it’s time for mothers to be brought to the table as stakeholders in this discussion. We can’t wait any longer for solutions.”



About:

ImprovingBirth.org is a national nonprofit run by and for mothers, to advocate for evidence-based maternity care and humanity in childbirth. Last year, its first annual Labor Day rally to raise awareness around these issues brought out almost 10,000 women and their families in 46 states in the U.S.; this year’s rally is on track for twice as many locations and participation in other countries around the world.

The International Cesarean Awareness Network, Inc. (ICAN) is a nonprofit organization whose mission is to improve maternal-child health by preventing unnecessary cesareans through education, providing support for cesarean recovery, and promoting Vaginal Birth After Cesarean (VBAC). ICAN is the only international mother-to-mother support organization with chapters in over 200 locations worldwide, where we hold educational and support meetings for people interested in cesarean prevention and recovery.

For more information on Cesarean section, see Childbirth Connection’s comprehensive “Cesarean Section: What you need to know about C-section
Read more ...

Monday, March 11, 2013

Support patient autonomy & breech birth (and win a sling!)

Last week, Hudson Hospital in Hudson, WI (near the Minneapolis/St. Paul metropolitan area) instated a new patient care policy that forbids vaginal breech birth and appears to deny obstetric patients, including home birth transfers, the right to refuse treatment.

Here's the new policy announcement, released March 7:

Hudson Hospital & Clinics is committed to achieving the Triple Aim in our service to patients and families. We are dedicated to providing excellent patient experiences while delivering quality care at an affordable cost.

We have consistently experienced growth in our Birth Center volumes each year and want to ensure on-going safe patient outcomes for both mothers and newborns. It has been decided jointly by medical staff leadership and hospital administration to suspend vaginal breech deliveries immediately and these patients will be delivered by cesarean section.

Medical interventions will be employed, when needed, on all mothers and newborns, including transfers in, to assure the safety of the mother and newborn. This practice is in alignment with national medical standards of care and consistent with other hospitals in the region.

Gail Tully of Spinning Babies has been corresponding with an obstetrician who currently works at Hudson and has been offering vaginal breech births, VBAC, and vaginal twins for many years. She confirmed that the ban on vaginal breech births was an administrative policy decision and occurred despite no bad outcomes and no physician sanctions.

In the meantime, women in the Twin Cities area seeking physiologic breech birth, VBAC, or vaginal twins can work with Dr. Dennis Hartung at Woodwinds Hospital in Woodbury, MN.

If you'd like to express your disappointment with these new policies and your support for patient autonomy, please contact Hudson Hospital. Even if you don't live near the Twin Cities, make your voice heard. Let's get women from all over the country--and all across the world--urging Hudson Hospital to reinstate vaginal breech birth and uphold patient autonomy. This may be a small hospital, but the new policy has a HUGE significance for the rights of childbearing women.

Gail Tully commented: "Robbi Hegelberg (715-531-6012) and the other board members need to hear why we won't be referring hospital birthing parents to Hudson any longer and that refusing informed consent and informed refusal is in violation of a woman's right as a patient and as a human being. Volumes of mail, calls, emails, and social network posts will make a difference."

Who to contact: 

Robbi Hegelberg
Hudson Hospital
405 Stageline Road
Hudson, WI 54016
715-531-6012

Talking points:
  • Patients have a right to informed consent, which includes the right to refuse treatment--including cesarean for breech presentation.
  • Refer to Hudson's Patients Rights and Responsibilities (PDF), which states:
  • Except in emergencies, the consent of the patient or of the patient’s legally authorized representative shall be obtained before treatment is given.
    All patients have the right to be informed concerning their continuing health care needs, course of treatment, prognosis for recovery, and alternatives to meet these needs in terms the patient can understand.
    Any patient may refuse treatment to the extent permitted by law and is informed of the medical consequences of the refusal.
  • If you live in the area, let Hudson Hospital know you will be taking your business elsewhere.
  • The American College of Obstetricians and Gynecologists' Committee on Obstetric Practice issued the following recommendation on vaginal breech birth in 2006: "The decision regarding the mode of delivery should depend on the experience of the health care provider...Planned vaginal delivery of a term singleton breech fetus may be reasonable under hospital-specific protocol guidelines for both eligibility and labor management." A blanket ban on vaginal breech birth, especially when there are trained, experienced physicians willing to offer breech birth, goes against this recommendation.
Win a sling!

If you contact Hudson Hospital expressing your concerns about this new policy, you can enter to win this hand-dyed linen ombré sling. Let's make it clear that we care about patient autonomy and access to vaginal breech birth!



Rules of entry:
  • Contact Hudson Hospital by Monday, March 18.
  • Leave a comment letting me know you've contacted Hudson Hospital. Feel free to include details of how the conversation went, copies of your letter, etc. 
  • One additional entry if you share this call to action on Facebook, Twitter, your local birth network, etc. (new comment, please). 
  • Open to anyone, anywhere in the world. (Non-US residents are kindly asked to pay shipping costs.)
  • Winner will be chosen on Tuesday, March 19.
Read more ...

Thursday, June 23, 2011

Autonomy, Information, and Power

I find myself increasingly drawn to the principle of autonomy. It has been adopted by law or by custom in most Western countries. If patient autonomy were fully adopted and enforced, it could bring about substantial changes in maternity care. (More about this at tonight's talk.) We have a long way to go to reach true autonomy in both key areas: informed consent and the right to refuse treatment.

In a recent post on the surgical consent process, Dr. Nick Fogelson proposes that communicating risk by listing any and all possible risks in precise statistical fashion might not be the best form of informed consent. He comments that our current method of informed consent is
a bit like asking your neighbor bring your son home from school, and having her say “we may get hit by another car, I might run a red light, we may run out of gas on a train track, there might be a meteor that hits the car and kills us all…. but don’t worry I am a good driver and your son will be fine.”

The fundamental reason we do these consents is that we believe that in some way they will protect us in a lawsuit if something bad happens. For example, let’s say somehow I transect a ureter in my patient’s hysterectomy, I can say “See – I said this was a risk of the surgery… it wasn’t my fault!”

But isn’t that a bit ridiculous? Is telling somebody that something bad could happen actually a defense if that bad thing does happen? In some cases a problem is truly random, such as the development of a pelvic abscess after a hysterectomy, but in other cases it is not. There is almost no situation in which I could cause a ureteral injury and have it not be a surgical error. If it happens, I did it – and it was a mistake. Ureters are damaged in about 1% of hysterectomies, but its not like they magically get injured in 1% of cases. In 1% of cases the surgeon makes an error....

The trouble with the standard consent process is that it doesn’t deal with the real issue; errors do occur, and physicians cannot be perfect. By naming error-driven events as statistical occurrences, the process supports an expectation that surgeons will never make errors, and thus the corollary that any surgical error is a de facto breach of physician’s fiduciary duty.
Dr. Michael Klein recently co-authored several studies on attitudes of maternity care providers. He found that pregnant woman rarely have complete or accurate information on common birth procedures.
It should be noted that regardless of the type of care provider, many women reported inadequate knowledge of common procedures....When combined with evidence on the nature of obstetrical power and control, and research showing that many providers are not evidence-based in their views, (3) this suggests that even a woman with strong values and beliefs could find it challenging to assert her choices in the professionally controlled process of birth. Women, especially first time mothers, who do not have evidence-based knowledge, are likely to be particularly sensitive to negative attitudes toward birth procedures and processes, from providers and other sources.
A recent editorial by Jackie Tillett in the Journal of Perinatal and Neonatal Nursing, Politics, Power, and Birth,   explores power interactions between childbearing women and their care providers. She comments:
The power relationships between women and their healthcare providers limit the choices that women may have and may even constrain the discussion of choices. If the healthcare provider believes that choices should be limited to those the provider feels comfortable providing, other choices may not enter into the dialogue.

Ideally, decision making regarding labor and birth will begin during prenatal care. The antepartum period is a time of exploration and questioning for many women. Care providers can facilitate this learning with adequate time during appointments, concern for a woman's misgivings, and encouragement. Informed consent may and should initiate a discussion of risks and benefits of procedures and routines.

However, even though informed consent implies an understanding and agreement with a plan of care, too often a woman is influenced by her perception of the healthcare provider as an unbiased expert. This is true of her perceptions of physicians, midwives, and nurses.
Later in the article, she addresses the language of allowance and how it limits autonomy:
The politics and power relationships of the labor and birth process may be seen to revolve around the word "allow." To allow is to make possible through a specific action or lack of action, or to consent to or give permission. The concept of allowance gives the power to the healthcare provider, whether physician, midwife, or nurse and makes the laboring woman dependent upon this allowance. Allowance removes some aspects of choice and consent from the woman and makes her dependent upon the actions and beliefs of the healthcare provider. To define the services one offers to pregnant women using the phrases "I allow" or "I don't allow" transfers all control to the provider.
Remember that autonomy = informed consent + right to refuse. With both of those key factors weak or missing in our current obstetric climate, autonomy exists in name only. It's time to turn rhetoric into reality. Or in Dr. Klein's words: "It is going to take a revolution driven by women to change this, as practitioners are not going to change very soon. To the barricades!"
Read more ...

Sunday, June 12, 2011

What is autonomy?

My earlier question asking if autonomy is just for the natural birth crowd got sidetracked into arguments about the safety of home birth. Yawn. (Is anyone else ready to move on from these worn-out debates?)

Anyway, let's talk about what autonomy is and what it means in a healthcare context. From Wikipedia (emphasis mine):
Autonomy (Ancient Greek: αὐτονομία autonomia from αὐτόνομος autonomos from αὐτο- auto- "self" + νόμος nomos, "law" "one who gives oneself their own law") is a concept found in moral, political, and bioethical philosophy. Within these contexts, it refers to the capacity of a rational individual to make an informed, un-coerced decision. In moral and political philosophy, autonomy is often used as the basis for determining moral responsibility for one's actions. One of the best known philosophical theories of autonomy was developed by Kant. In medicine, respect for the autonomy of patients is an important goal as deontology, though it can conflict with a competing ethical principle, namely beneficence. Autonomy is also used to refer to the self-government of the people.
Let's take a look at the Patients' Bill of Rights adopted by the Association of American Physicians and Surgeons (emphasis mine):
All patients should be guaranteed the following freedoms:
To seek consultation with the physician(s) of their choice;
To contract with their physician(s) on mutually agreeable terms;
To be treated confidentially, with access to their records limited to those involved in their care or designated by the patient;
To use their own resources to purchase the care of their choice;
To refuse medical treatment even if it is recommended by their physician(s);
To be informed about their medical condition, the risks and benefits of treatment and appropriate alternatives;

To refuse third-party interference in their medical care, and to be confident that their actions in seeking or declining medical care will not result in third-party-imposed penalties for patients or physicians;
To receive full disclosure of their insurance plan in plain language...

In a healthcare context, autonomy means being informed about the full range of risks, benefits, and alternatives of a proposed treatment (informed consent), and having the ability to accept or reject the treatment (right to refuse). Or for you math geeks:
autonomy = informed consent + right to refuse
While patients have the right to refuse treatment, they do not necessarily have the right to demand medically unnecessary treatments. For example, if your leg is injured and your physician recommends amputation, you have the right to refuse. However, you do not have the right to demand an amputation of a healthy limb. 

In maternity care, the right to refuse and inability to demand are not always consistently applied. Women are often not allowed to refuse certain treatments, such as repeat cesarean section or IV therapy. On the other hand, many women are able to demand medically unnecessary treatments, such as elective primary cesarean or elective induction. This inconsistent application of autonomy and patients' rights has emerged from cultural beliefs in the inherent risk of labor and inherent safety of medical intervention and from concerns about litigation and liability. 

So I ask again: is the desire for autonomy really a frivolous, selfish concern at best, and a potentially dangerous doctrine at worst, as implied by more than one commenter? 
Read more ...

Thursday, June 09, 2011

Is autonomy just for the natural birth crowd?

In response to the post about autonomy, beneficence, and non-maleficance, someone left this comment:
And, you know, if random women didn't declare their consent invalid after something *did* go wrong, docs just might be more willing to go along with your riskier ideas. One of the more annoying parts of your "trust birth" idiocy is that you want to refuse all the stuff that might let you know something is going wrong, show up at the hospital with you and the baby in distress, and then bitch blue murder about the evil docs who couldn't pull one more rabbit out of the hat and save your ass, your baby and your uterus.

Does it not cross your mind that docs don't like losing babies, and don't like being sued---because in order to be sued, there has to be a bad outcome? And a bad outcome is a dead or injured baby? Midwives have no insurance, little training and less accountability.
There are gross generalizations, false accusations, and other logical fallacies in this comment. Leaving those aside for a moment, this comment implies that only those of a certain ideological persuasion care about autonomy, and that the desire for autonomy is essentially selfish and misguided.

So what do you think? Is autonomy just for homebirthers (or those who use midwives or want a "natural" birth)? Do more "mainstream" women really not care about, or not benefit from, autonomy in their maternity care?
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Tuesday, May 31, 2011

Autonomy, beneficence, and non-maleficance

Big words, big issues, and a fantastic post at Birth Sense putting them all together. The blogger at Birth Sense summarized Dr. Andrew Kotaska's recent presentation at the annual ACNM meeting. Dr. Kotaska helped author the new SOGC breech guidelines and is a passionate advocate of maternal autonomy and true informed consent (i.e., informed consent + the ability to make real choices).

Some excerpts from his presentation, via Birth Sense:
Dr. Kotaska posed the question, how does a physician or midwife stay with a patient when she declines your recommendations? ...

Dr. Kotaska argues that we need to promote the policies that systems like those Britain and Ontario, Canada have adopted. The Royal College of Midwives' policy is "If a woman rejects your advice, you must continue to give the best care you possibly can, seeking support from other members of the health care team as necessary." Midwives in these areas do not have to remove themselves from their patients’ care (effectively abandoning them), but are expected to continue to support and care for the woman even if she refuses to follow the midwife’s advice.

Dr. Kotaska urges providers to "explicitly state your commitment to her [the woman's] autonomy over your idea of beneficence." He emphasizes that each provider should embrace these three points:
  • Your job, as a provider, is to inform your patient
  • She is free to decline your recommendations
  • She will not lose your support if she declines your recommendation
What is the result of a provider maintaining this type of attitude with their patient? Dr. Kotaska asserts that women trust these providers because they have not threatened the therapeutic alliance. He also stated that "informed consent" is not truly an informed consent if the woman will not be supported in her choices. For example, giving a woman informed consent about the risks and benefits of a trial of labor after cesarean, while telling her that your hospital does not allow VBACs, is not truly giving her an informed consent because she has only one option.

When asked how a woman should respond when she is refused a trial of labor, Dr. Kotaska replied that a woman should create her own "informed consent" form that she asks the provider to sign. It should state that:
  • she does not want a repeat cesarean section
  • she is aware of the potential risks of a repeat c-section, including placenta accreta, hemorrhage, increased risk of stillbirth, infection, increased risk of maternal death, and four-fold increases in neonatal respiratory distress
  • she is not being offered a choice of how she will give birth
  • if she experiences any complications as a result of being forced to have a c-section, she will be pursuing legal action against the provider who would not support her in a trial of labor.
With this proposal, Dr. Kotaska received a standing ovation from the midwives attending his presentation. What was clear to me is that midwives and mothers are fed up with the status quo in modern obstetric care today, and if change will only happen through women creating an informed consent form they ask their provider to sign, so be it. It’s time for a birth revolution, and it has to start with midwives, mothers, and a few progressive physicians who are not afraid to challenge the status quo.
Read the rest here.
Read more ...

Tuesday, July 06, 2010

Delivery room wrestling match

In an article in the Omaha World-Herald about using alternative positions for labor and birth--aptly titled Stand and Deliver--one physician literally wrested an ambulating woman onto the delivery bed. Dr. Maureen Fleming is director of general obstetrics and gynecology at the Creighton University School of Medicine. Here's the story:
As for obstetricians preferring a more convenient position, Fleming said they, like midwives, are accustomed to strange positions and situations. She recalled a woman in so much pain that she angrily started to walk out of the hospital room. Fleming had to wrestle her back. “I almost fell on the bed with her because I had to throw her on the bed.”
The midwives interviewed for this article tended to be more supportive of alternate birth positions, including kneeling, standing, and squatting.
Alternative positions are by no means sweeping maternity units. The majority of births are done with epidural injections, which numb the lower body and make it virtually impossible for the woman to stand or squat. Nevertheless, some midwives and other delivery experts suggest that expectant mothers are more frequently considering delivering from some position other than the back. “I recommend women get out of bed all the time,” said Heather Ramsey, a certified nurse midwife at the Med Center.

Ramsey and other proponents of alternative positions say the benefits can include decreased pain, better blood circulation for the mother and baby and easier downward descent for the baby. Pain medications, they say, can make the mother and baby drowsy, which may impede the infant's ability to immediately breast-feed.
The two physicians interviewed for the article, on the other hand, viewed analgesics and epidural anesthesia as overwhelmingly positive:
Fleming and Pankratz, a board member with the Nebraska Medical Association, said pain medication and epidurals are fine. “We don't believe there's anything unnatural about alleviating pain in labor,” Fleming said. “My philosophy,” Pankratz said, “is technology is present to make our lives better.”
The article began with a woman who gave birth in a hospital standing up, one knee propped up on the bed. Rosalina Romero tried several different positions, finally finding one that alleviated the intensity:
Finally, she stood with her fists on the bed. The horrible pain dissipated and became more of a burning sensation, far more tolerable. “It's just what felt natural,” she said. She lifted one leg and her husband, Brent Vignery, held the leg up. The baby's head began to come out. She put a knee on the bed and kept one foot on the ground. Their baby, Dexter, emerged. “Gravity helped a lot,” she said.
In contrast, Dr. Fleming expressed her doubts that gravity helps the birth process:
Fleming said she doubted gravity played a role in delivery, as some proponents of standing or squatting believe. The opening of the cervix, or cervical os, holds the baby in, she said. “Babies don't just fall out,” she said.
My commentary:
Delivery room wrestling match = assault and battery
Does gravity cease to exist if you don't "believe" in it?
Read more ...

Thursday, March 11, 2010

NIH VBAC recommendations

I was thrilled to hear that the NIH Consensus Conference on VBAC recommended increasing access to VBAC! Here is a link to the preliminary draft of the consensus statement; the final statement will come out in a few weeks. Here are the conclusions of the conference (emphasis mine):
Given the available evidence, TOL is a reasonable option for many pregnant women with a prior low transverse uterine incision. The data reviewed in this report show that both TOL and ERCD for a pregnant woman with a prior transverse uterine incision have important risks and benefits and that these risks and benefits differ for the woman and her fetus. This poses a profound ethical dilemma for the woman as well as her caregivers, because benefit for the woman may come at the price of increased risk for the fetus and vice versa. This conundrum is worsened by the general paucity of high-level evidence about both medical and nonmedical factors, which prevents the precise quantification of risks and benefits that might help to make an informed decision about TOL versus ERCD. We are mindful of these clinical and ethical uncertainties in making the following conclusions and recommendations.

One of our major goals is to support pregnant women with a prior transverse uterine incision to make informed decisions about TOL versus ERCD. We urge clinicians and other maternity care providers to use the responses to the six questions, especially questions 3 and 4, to incorporate an evidence-based approach into the decisionmaking process. Information, including risk assessment, should be shared with the woman at a level and pace that she can understand. When both TOL and ERCD are medically equivalent options, a shared decisionmaking process should be adopted and, whenever possible, the woman’s preference should be honored.

We are concerned about the barriers that women face in accessing clinicians and facilities that are able and willing to offer TOL. Given the level of evidence for the requirement for “immediately available” surgical and anesthesia personnel in current guidelines, we recommend that the American College of Obstetricians and Gynecologists and the American Society of Anesthesiologists reassess this requirement relative to other obstetrical complications of comparable risk, risk stratification, and in light of limited physician and nursing resources. Healthcare organizations, physicians, and other clinicians should consider making public their TOL policy and VBAC rates, as well as their plans for responding to obstetric emergencies. We recommend that hospitals, maternity care providers, healthcare and professional liability insurers, consumers, and policymakers collaborate on the development of integrated services that could mitigate or even eliminate current barriers to TOL.


We are concerned that medico-legal considerations add to, as well as exacerbate, these barriers. Policymakers, providers, and other stakeholders must collaborate in the development and implementation of appropriate strategies to mitigate the chilling effect of the medico-legal environment on access to care.

High-quality research is needed in many areas. We have identified areas that need attention in response to question 6. Research in these areas should be prioritized and appropriately funded, especially to characterize more precisely the short-term and long-term maternal, fetal, and neonatal outcomes of TOL and ERCD.
I anticipate a flood of articles and blogs in response to this statement. Please post links in the comments section to any you find interesting. In the meantime, here are two that I enjoyed reading:

Draft NIH Consensus Statement Released on Vaginal Birth After Cesarean Delivery by Laurie Barclay, MD from Medscape News

Panel urges more choice in birth after C-section from the LA Times

New links:
Once a Cesarean, Rarely a Choice at RH Reality Check by Gina Crosley-Corcoran, aka The Feminist Breeder 

Over at The Unnecesarean, Courtroom Mama commented how the NIH panel was unwilling to confirm a pregnant woman's right to refuse surgery--the right that every other adult has without question. She included a transcript from Susan Jenkins' questioning the panel. Be sure to read this.

Amy Romano at Science & Sensibility asks: Do women need to know the uterine rupture rate to make informed choices about VBAC?

Dr. Fischbein, an OB/GYN in southern California, weighs in on his experience attending the conference.

PinkyRN, a L&D nurse currently taking some time off and going to midwifery school, doesn't think that access to VBAC will actually increase.

WebMD: Let More Women Give Labor a Try, Experts Urge

A 7-time VBAC mama calls for VBAC mamas to unite

Dou-la-la thinks the NIH VBAC Conference could have used more shrimp (read to find out what she means!)

And lots more links at Bellies and Babies: The First Cut is The...

Nicholas Fogelson, aka Academic OB/GYN, argues that the problem is liability, and that liability is not rational. So no matter how rational all arguments for VBAC all, liability ends up winning anyway. He proposes micro tort-reform as a potential solution to the VBAC liability issue.
The problem is that liability is not rational.  Its based predominantly on completely irrational ideas that every bad outcome is somebody’s fault and that compensation must somehow be made.

The discussion at NIH is very rational, as are most of the arguments being made for VBAC availability.  The problem is that our history of lawsuits for uterine ruptures is completely irrational, as is the current situation with liability insurers.  The sad but simple reality is that many doctors and hospitals can’t provide VBAC because their liability carriers refuse to cover them if they do them, and without liability coverage medicine cannot be practiced in this country.  This is irrational, but it is real.

On one side we have lots of very rational arguments we can all get around, and on the other we have a completely irrational but very real issue that is the actual cause of the problem.
He proposes a national, uniform informed consent document that is federally protected. Really interesting idea. While I think it's not fair that someone would have to sign this kind of form for a VBAC and not for every other possible labor complication, I recognize that it's pragmatic.

The Well-Rounded Mama argued why VBAC bans are a violation of human rights
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Tuesday, October 06, 2009

Watching, listening, and reading

Today I am watching a montage about one woman's journey to a VBAC. I'm enjoying it of course--it's made to inspire and motivate. But the academic part of me is also intrigued by this video in particular, and birth videos/montages in general. There's a definite formula to this type of media--the narration about a woman's journey to birth, intersersed with photos and sometimes videos in rough chronological order, the background music that becomes more upbeat as it gets closer to the moment of birth.

My Journey to a VBAC from Lindsey Meehleis on Vimeo.

I'm listening to an interview with Jill of The Unnecesarean about Informed Consent and Informed Refusal. Well, technically I'm downloading it right now.

And I'm reading NieNie, a blog I first learned about thanks to Jane of Seagull Fountain. (Her dad is cool, too!) She, like me, is LDS and a mother of several young children. She survived a near-fatal plane crash a year ago and spent several months in a coma. She was burned terribly and is learning to live with a new body and a new face (and her kids, too, had to become re-acquainted with their mother). I just found out today that she is also a home birth mama--how cool is that? Anyway, she'll be on Oprah tomorrow and I'd really like to watch it. I don't have cable or antennas, so I'll have to see if I can watch it online.
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Monday, August 31, 2009

Interview with Dr. Stuart J. Fischbein

A few days I spoke on the telephone with Dr. Stuart Fischbein, an obstetrician who is currently fighting his hospital's ban on VBAC and vaginal breech birth. Below is the transcript of our interview.

Some blog posts worth revisiting in the context of this interview:
Stand & Deliver: Tell me more about your residency and how you came to where you are now.

Fischbein: I went to medical school at the University of Minnesota and did my residency at Cedars Sinai Medical Center in Los Angeles. As part of my residency program--there were no midwives at Cedars--I spent four months at LA County’s USC Hospital. Those were the days when they were doing 23,000 deliveries a year, about 65 deliveries a day. So we saw everything. There were midwives upstairs who took care of a lot of the low-risk stuff, and occasionally I encountered them. I had a really good experience talking with them and learning from them. But it didn’t really influence me much during my residency program.

When I finished my residency and started my private practice, I was approached by a couple of local midwives who were running a birth center and they asked if I would be their backup physician. At that time, of course, I was looking for business anywhere I could get it. You’re starting to build a practice, you’re hustling, you’re covering ERs, you’re delivering at four different hospitals. It was a different era in those days. So I said “sure.” That was the beginning of my real exposure to midwifery.

About 5-7 years into my practice, in 1995 or 1996, I was approached by a couple of midwives and a good friend about opening a collaborative midwifery practice with hospital deliveries. We looked for a hospital on the west side of Los Angeles that would allow midwives to do deliveries and we couldn’t find one. None of them were allowing midwives to do deliveries. UCLA might have been a place, but it wasn’t on our radar screen. The only option we could find was in Ventura County. So we opened a practice out in Ventura County and called it the Woman’s Place for Health. Even there we were met with a lot of suspicion and resistance, despite the fact that the track record for midwives is excellent, despite the fact that they take care of low-risk patients and have very strict protocols that they follow, despite the fact that they have excellent outcomes and a very low c-section rate, even compared to other obstetrical models that take care of low-risk patients. It’s always been a battle.

Stand & Deliver: I’m surprised that there is so much resistance to nurse-midwives from the obstetrical community.

Fischbein: I find out there that is a lot of ignorance about what a midwife means. A lot of people think of midwives as somebody who wears Birkenstocks and a long skirt, doesn’t shave her legs, and delivers babies in barns! They don’t have an understanding of the exquisite training that a certified nurse-midwife gets. They don’t differentiate between a CNM, a LM, a CPM—all of which are licensed by the state boards where they practice—and something called a lay midwife who, in California, can’t legally practice unless they have a religious exemption. But they’re all lumped in together and they’re constantly called lay midwives or just midwives by their detractors. There’s no distinction. It’s not malice so much as it is ignorance, I think.

Stand & Deliver: Are there more hospitals now in the LA area that allow CNMs to attend births?

Fischbein: No, I don’t think there are. CNMs’ ability to deliver in hospitals is still very restricted. I think UCLA has them. Kaiser, much to their credit, has always used the midwifery model, where the midwives take care of the low-risk laboring patients and the obstetricians come in when there’s a problem. That, to me, makes much more sense. It doesn’t make sense to have a board-certified OB/GYN tied up doing a normal vaginal birth.

Stand & Deliver: What are some of the things that your practice—two nurse-midwives and yourself—do that are different from your physician colleagues that account for your low cesarean rate? It’s so much lower compared to everyone else in your hospital and also compared to our national statistics.

Fischbein: We follow the midwifery model of care, which exhibits a lot more patience than the obstetrical model of care. It treats pregnancy as a normal function of the body. In contrast, the obstetric model treats pregnancy as a disease that needs to be treated, as opposed to something that just needs to be nurtured. In our practice, we don’t automatically induce somebody because they’re a few days overdue. If someone ruptures their membranes and they’re not in labor, we let them stay home. If they answer a few questions correctly and the baby’s doing okay, we let them stay home. There’s no reason they need to be in the hospital starting Pitocin right away. Other practices will bring them in immediately and start Pitocin. This often leads to a cascade of interventions that end up in c/section. They have some sort of panic about the 24 hour mark; if they’re not delivered in 24 hours, the misconception is that the baby will die of sepsis. The midwifery model also teaches women to be calmer, more educated, more secure, less anxious patients. We have fewer problems with labor itself. Our epidural rate is not quite as high, but I support the use of epidurals when needed. So it’s not about the old-fashioned idea of completely natural childbirth; there are differences. We’ve always allowed VBACs in our practice. However, nowadays the midwives don’t do VBACs or breeches. I’ve always done them, except now I’m under threat of losing my privileges and suspension if I do another VBAC or vaginal breech delivery at the hospital.

Stand & Deliver: Does your hospital have a formal VBAC ban?

Fischbein: Yes.

Stand & Deliver: How long has that been in place?

Fischbein: A couple of years, I believe. The problem with VBAC bans is that it puts the needs of the hospital and the other health care workers ahead of the rights of the patient. I understand why they do that, but I just think they are misguided. They ban VBACs under the guise of patient safety. But patient safety is a euphemism for “we don’t have a good evidence-based reason to do it, other than we don’t want to get sued, it’s more expedient, and we make more money from c-sections—the hospital does, not necessarily the physician, but the hospital does—so we’re going to ban it because it’s easier for us, and we’re going to say it’s for patient safety because of the risk of rupturing the uterus.” But you know what? That risk should be something that the patient decides. Patients have a right to be given informed consent, free from misinformation or coercion, free from skewing information that benefits the practitioner or the hospital. And they have the right to consent or refuse to accept the treatment that’s offered. That right is frequently being denied.

Stand & Deliver: Since the right to refuse treatment is part of most hospitals’ patient’s bills of rights, how can the hospital justify sanctioning you for upholding a woman’s legal right to refuse treatment? What are their grounds for that?

Fischbein: It’s Goliath versus David. Essentially the hospital has unlimited funds. There aren’t a whole lot of doctors like me in this community or across the country. Doctors who support midwives are few and far between. They are sometimes or harassed, ridiculed, or isolated. They face the potential of a disciplinary hearing, requiring a report to the medical board, which every doctor fears. Not because they’re necessarily doing anything wrong. But the cost of defending yourself against such a thing is enormous. Literally all you can win is the right to go to another hospital, because the hospital is still not going to change its policies. It becomes a lesson in futility to fight for what’s right, unless you’ve been pushed to the limit and are much more concerned about maintaining your values and your ethics. The choice they give you is what I call a Sophie’s Choice: keep your practice and compromise your values, or compromise your practice to keep your values. Either way, you’re screwed. I think that you should be able to keep your practice and keep your values. But it’s a real battle, and I’m facing it right now.

Stand & Deliver: Did your hospital ban VBACs because they couldn’t meet the ACOG’s new recommendation of 24-hour in-house OB and anesthesia?

Fischbein: Yes.

Stand & Deliver: Some hospitals that can meet those requirements still ban VBACs.

Fischbein: They do that for two reasons. The reason that a lot of hospitals ban VBACs anyway—and this isn’t very well known to most people—is because their insurance carrier will tell them that if they allow VBACs, their premium will be much higher. Rather than pay higher premiums, they just ban VBACs and do so under the guise of patient safety. The hospital lawyers, the insurance company lawyers, the insurance company executives, and the hospital administrators are making decisions for patients and then lying about why they’re doing it.

Again, they use the idea of the 24-hour anesthesia as a reason not to allow VBACs. Most emergency c-sections, the ones that occur suddenly, have nothing to do with a uterine rupture. They are for placental abruption, prolapsed cord, or prolonged fetal heart rate decelerations. And somehow the hospital can manage to take care of those situations. If hospitals can take care of those things, why can they not take care of VBACs? If they can’t do VBACs, should they be doing obstetrics at all? I don’t think it would serve American women very much to have all hospitals that can’t have 24-hour anesthesia close down.

It’s always baffled me that they use the 24-hour rule as their reasoning--that it’s for patient safety. But if it’s not safe to do VBACs, how is it safe to do any laboring patient? Far more often, it’s something unrelated to the VBAC that causes an emergency.

Stand & Deliver: The ACOG’s evidence for their VBAC policy was not based on scientific evidence, but on consensus opinion. The AAFP found that there is no evidence to restrict VBAC only to tertiary care hospitals that have 24-hour OB and anesthesia coverage.

Fischbein: Ultimately it won’t matter to the hospital. It’s not about evidence-based medicine. It’s very clear to me in discussing this with the committees that they don’t care. They’re being told by the risk managers, the lawyers, and the insurance companies that they cannot do VBACs. And that’s the final word. The anesthesia departments are also often behind VBAC bans. They talk about patient safety, but really it is that reimbursement is so bad and they don’t want to have to sit around in the hospital all day long and they are fearful of being sued. Sadly, a legitimate concern in today’s litigation happy society. Even in the absence of any negligence, one frivolous lawsuit can destroy a career.

This is separate from the patient’s rights issue. These are two separate issues. I think that patient’s rights trumps the other issue, but other people don’t. That’s where the disagreement lies.

Stand & Deliver: So what do they say when you talk about patient’s rights to refuse surgery? Basically, they’re telling you that you have to force your patients to have surgery, or you have to lie to them and say that they can’t even consider it as an option.

Fischbein: They’ve even put in writing to me that, when I am counseling patients, to be sure that they comply with the hospital’s VBAC policy. I’m supposed to tell patients that they have to go elsewhere if they want a VBAC, that they can’t stay in their own community, that they have to drive 50 miles. Even if their families are benefactors of the hospital or their father is on the board of directions, they have to go elsewhere. I’m not supposed to tell them that they have the option of showing up in labor and refusing surgery. The hospital actually put in writing that I should avoid telling them that. They’re telling me to skew my counseling, and they have no shame in doing so.

Stand & Deliver: That is astounding to me.

Fischbein: Here’s the argument that they put forward: Dr. Fischbein, how do you feel about the fact that the anesthesiologist, the nurses, and the pediatricians feel that your patients’ decision is putting them at risks that they don’t want to take? My answer to them is: “listen, I understand that. But you really only have two options here. You can close the unit, or you’re asking that patient’s rights should be subservient to what healthcare workers want.” That’s an easy one for me. But their whole concern is that it’s putting other healthcare workers at risk by allowing patients this choice. If they still have an opinion like that, they’re not going to change it easily. Logic is out the window here. It’s not about logic. It’s not about evidence-based medicine. It’s not about outcome data. This seems to be how we’re supposed to practice medicine. Even though ACOG comes up with stupid stuff sometimes, if you go on their website—the back part, where members can go—they have paragraph after paragraph about patient’s rights, patient’s autonomy, the right to informed consent and refusal, the right not to be harassed or threatened if they make a decision that is different from what the hospital would want, the right to sanctity of their bodies free from fear of reprisals.

Stand & Deliver: So why does this not translate into obstetric and hospital practice more often?

Fischbein: Well, I think I’ve already gone over that. One reason is litigation mitigation. Other reasons are for economics and expediency. For physicians who are not really committed to doing VBACs or breeches, it’s a lot easier to do a section. You get paid about the same. With a section, you can do the surgery at 7:30 am and you’re in the office by 9 am. If you have a breech or a VBAC, you have to cancel your day or spend the night at the hospital. It’s a lot more work, and you don’t get paid any more for it. So you really have to be either dedicated or crazy or somewhere in between. You have to keep your ethical feet well-grounded.

It’s really hard when doctors are squeezed financially, by fear of liability, by this axe hanging over their head. Nobody who I went to medical school or residency with ever believed that they’d spend the rest of their lives with an axe hanging over their head. Every day that they go to work. It’s untenable. It’s a situation that wears doctors down, and they don’t have the fight in them any more.

For hospitals, it’s easy. Does a hospital make more money off a practice that has a 5% c-section rate or a 25% c-section rate? That’s an easy question. Although they will never admit that; it will always be patient safety. Clearly, there’s no incentive for them to offer a VBAC to anybody.

Stand & Deliver: What could possibly get us out of this crazy state of maternity care—the fear of litigation and the administrative bureaucracy that dictate much of obstetric practice nowadays?

Fischbein: There’s one big answer. This trend will be hard to reverse in any situation, but will be impossible without tort reform. If I had five minutes to spend with Obama, that is would I would recommend. President Obama spoke to the AMA in San Diego a few months ago, and he said exactly the opposite. He said that tort reform is not on the table.

The one thing that needs to be changed in this country is malpractice tort reform. It has to happen. If you want a single-payer system, if you want rationing, if you want patient’s autonomy restored, you have to get the trial lawyers and the money and the greed out of medicine. You have to stop defensive medicine. You have to let doctors make the decisions. You have to keep insurance companies from dictating policies because their actuaries have determined that it’s cheaper to do X or Y.

A few decades ago, Ford made a car called the Pinto. During tests, they found that if you rear-ended it, it blew up. But they marketed it anyway, because their actuarial data found that the number of lawsuits they would have did not justify pulling the car off the market. The number of dead people was not worth pulling the car off the market. They got busted for it, but none the less, that’s the way the decision was made.

Until you have tort reform, you’re never going to have any change in this kind of policy. You have to have malpractice reform. There has to be immunity for physicians, unless there was real malice. Then the civil courts can take care of that. Most doctors don’t intentionally hurt people. There are bad outcomes despite the best doctors’ efforts. When 70 to 80% of obstetricians in this country have been sued, that doesn’t mean that we’re all bad. It just means that we all pay a fortune in malpractice insurance, and that cost has to be transferred somewhere. If doctors can’t pass the costs on to the patients, like other businesses can, they basically say, “I’m not going to go out on a limb for somebody, because they’ll sue me at the drop of a hat anyway.” So the one thing that needs to be done, more than anything else—whether or not you agree with VBAC or breeches or midwifery—is tort reform. All obstetricians should unite with midwives and other doctors over the issue of tort reform. It is the one key issue. It all has to start with tort reform.

Stand & Deliver: Do you think that we’re so entrenched in our current maternity practices that we’d actually be able to break away from that?

Fischbein: If you eliminate tort reform, you might be able to make changes by improving competition. If you get rid of some of the restrictions on businesses, you might see more competition start up. You might see more birth centers open, or birth centers that actually have operating rooms, little maternity hospitals. Just like we’ve seen specialty surgery centers open up recently. For years hospitals tried to squelch these things because they know they can’t compete with them. Some day, maybe the major hospital model will go out of business. And would that be so terrible? We have specialty hospitals that do heart surgeries, gastric bypass, or plastic surgery. Why not specialty hospitals that just do maternity? Run by doctors and midwives.

Stand & Deliver: Not administrators and bureaucrats.

Fischbein: It’s very hard to get financing or insurance to open something like that nowadays. It’s very hard to get an insurance policy for this kind of thing, because all it takes is one angry patient to destroy a life’s work.

Stand & Deliver: What explains our country’s high litigation rate? Is it in part because patients have the perception that they can almost be guaranteed perfection—that if they do all the right things, they can have a perfect baby? I wonder if the rate of litigation is more patient-led or more trial lawyer-led, or is it led by the way obstetricians advertise their services. Where is it coming from?

Fischbein: I don’t think obstetricians, or anyone in medicine nowadays, promises perfection any more. Increasing the cesarean rate from 15% in the 1970s to 32% in 2009 has not decreased infant mortality or improved outcomes one bit. All it’s done is increase the section rate and the potential complications that come from that. So I don’t think that anyone’s preaching perfection. I think we do live in a society where if something goes wrong and people think they can get money for it, we don’t have a society where shame or public condemnation means anything anymore. We’re so big and diffuse. If you’re in a small town and you sue the only doctor in town for something that was not his fault, other people in town might give you a hard time, and you may think twice about doing it. But in big cities, there’s no reason not to. It costs something like $180 to file a claim. And we’re pumping out attorneys like Washington’s printing money, and they need work. They make the laws. That’s one reason that tort reform is not on the table with Obama. His leading supporter is the Trial Lawyers of America. They gave more money to Obama than any other lobbying group, I believe. You’re not going to see them cutting their own throats. The more that lawyers can push papers around, the more they make money. There’s no reason to resolve any issue if you’re a lawyer charging an hourly fee.

There should be a catastrophic fund for babies who are born severely brain damaged or handicapped, even if it’s Down’s. A lot of cases with bad outcomes never get sued with the midwifery model, because midwives have such good relationships with their patients. Clearly it’s known that lawsuits are much more common in large OB groups or Medicaid patients or patients who go to clinics, because there’s no face behind the care. The thinking is: the doctor has malpractice insurance; that’s what it’s for. You’re not hurting the doctor. Little do they know what it does to the doctor’s life, career, sleep, family life, and malpractice premiums.

Stand & Deliver: I’m sure it’s devastating.

Fischbein: One bad case for a physician, despite the best intentions all their life, can destroy them. There’s no other profession where that happens. I think that tort reform is the key. Without tort reform, it’s only going to get worse. Without it, all the arguments in the world are not going to get a hospital to change its VBAC policy or its breech policy or its persecution of midwives or the midwifery model. But if you get tort reform of some sort, where doctors are protected as long as they did not have malicious intentions, we can start to see some changes. And, like I said earlier, we need to improve competition. I would love to open a birth center, but trying to find funding, trying to get anything open in California, is a nightmare. Getting the permits, malpractice insurance, and approval from the right federal and state organizations is a monumental task that has defeated a lot of people I know who wanted to open birth centers.

Stand & Deliver: Let’s talk about breech birth now. Talk to me about how you were trained in breech and what a typical breech birth with you looks like.

Fischbein: I trained in breeches during residency in 1982-86, and vaginal breech birth was commonly done at Cedars and USC. I feel very comfortable doing them. I follow the literature on breeches. I know that there are certain risks to breech deliveries. I do what’s known as selective breech deliveries; they have to meet certain criteria. Patients who qualify under those criteria are given options, including c-section. Certainly we try all the tricks first. We offer chiropractic, acupuncture, certain positions and exercises. And then we offer everybody the option of external version, and around 50-70% of the time that’s successful. Then you still end up with a few patients who have breech babies.

The criteria are very simple. They have to have an adequate pelvis. In the old days, we used X-rays or CT scan pelvimetry. Nowadays I just use my clinical judgment with an exam. The baby has to be between 2500-4000 grams estimated fetal weight. The baby’s had has to be flexed. The baby has to be either complete or frank breech. The fetal heart rate tracing has to be good. Patients have to go into spontaneous labor. It’s pretty rare I’ll ever induce a breech. But I will augment a breech in labor; if a patient gets an epidural and labor spaces out, I would augment them.

Those are the criteria. If they meet those criteria, then all the evidence, including ACOG's guidelines, say that decisions for breech delivery should be based on the experience of the practitioner and the desire of the patient. I understand that breech delivery is not for everybody. Certainly there are a lot of people who will never do breech deliveries because they’re not trained any more. Unless we bring vaginal breech delivery back into residency training programs, we will soon find that that skill is gone forever. Having that skill gone is more than just a c-section problem. Every now and then, a woman is going to show up in labor, come in completely dilated with a butt in the vagina, and no one is going to know what to do. No one will know how to put on forceps to get the head out. They’re going to be rushing to push the baby’s body back up and do a c-section. Quite frankly, the morbidity of that is so much higher. So it is going to be a major loss, because women are going to show up complete and breech in labor & delivery, and no one is going to know what to do.

In Canada, the SOGC is no longer recommending routine c-section for breech babies. Part of it’s for cost savings, probably. But part of it is because the evidence does not support sectioning every breech patient. The evidence is there to give patients the choice. This gets back to my primary issue, which is informed consent. This should not be a decision where the doctor tells the patient what to do. If the doctor does not know how to do breeches, they should say to the patient “I can’t do your breech delivery but I really think you are a good candidate for it. Why don’t you see doctor X for a second opinion.” That’s the honorable thing to do. But of course that would cost doctors money, and a lot of doctors don’t want to give up the money.

My hospital says if I do another VBAC or elective breech delivery, they’re going to “summarily suspend my privileges.” Until I can solve this problem one way or the other, if I do another breech delivery or VBAC, I’m going to jeopardize all my patients’ care. I’m going to have to tell my patients that if they want a vaginal breech delivery, they’re going to have to go some place else.

Stand & Deliver: Is there anywhere else in the LA area that offers vaginal breech birth?

Fischbein: I have some colleagues who work at Cedars who still might rarely allow vaginal breech deliveries. But I can certainly see other doctors not wanting of offer patients that choice, saying that the safest way is to have a c-section. If all I told you was that if you have a VBAC, you could rupture your uterus and your baby could die, if that’s all you heard, you would never choose to have a VBAC. There’s a study that came out in the American Journal of Obstetrics & Gynecology last December that found the morbidity of a repeat cesarean section is higher than a successful VBAC. A successful VBAC occurs about 73% of the time. If a hospital bans VBAC, they’re basically telling 73% of women that they have to undergo a surgical procedure that carries more morbidity than if they had a vaginal birth. That’s outrageous to me. It leaves me speechless, and for me that’s no small thing! The same model applies to breech deliveries. Some women are being told to have a procedure that carries more morbidity than a vaginal delivery. But they are never being told the numbers or given the option.

Stand & Deliver: Let’s turn to home birth now. How might home birth midwives improve the way they practice? What could obstetricians learn from home birth midwives? In other words, what could each group learn from each other to improve maternity care?

Fischbein: I think home birth providers right now are under an extreme microscope. There’s a witch hunt right now. Home birth providers have to follow every single protocol they have to the letter. They can’t go out on a limb or individualize. It’s really hard for them to practice that way. But it’s a sign of the times that any bad outcome in a home birth is magnified a hundred times. You could have a thousand bad outcomes in a hospital and nobody cares. But you have one bad outcome in a home birth, and ACOG is looking for you to call in on them, almost like a spy. Did you see the recent post on my blog? Can you believe that? They don’t care how many successes there are; they’re just looking for failures. Last year ACOG said that hospital births are safer than home births. This year they’re only now collecting data to try and prove their point? Don’t you think they should have done it the other way around?

I don’t know that modern obstetricians are ever going to support home birth because the model that they’re trained with—the obstetric model—treats pregnancy as if it’s a disease. In their minds, a disease is best treated in a hospital. They’ll never look at pregnancy as something that is beautiful and safe most of the time and that is rarely an emergency, especially when you cherry pick your patients and only have low-risk patients to start with. They’ll never see it that way. Again, it gets down to a choice issue. Some physicians just do not believe in the informed consent and refusal modality that I believe in. They believe strongly that home birth is dangerous and therefore they won’t even offer it to their patients. Any patients who mentions it gets the “Oh my g-d, are you out of your mind?” comment. Once that happens, it’s out of the question. I don’t think that there’s going to be a whole lot of change here. It needs to be consumer-driven, and patients have to demand it. I don’t know how that’s going to happen without a coordinated effort. Like what you’re doing, and what I’m doing, and the Birth Survey is a start. There are so many groups out there, but we’re all disjointed. There’s no one clearing house for all these groups. It’s starting to change a little bit, I’ve noticed, as I’ve been more active on the internet. It seems like everybody knows everybody. But trying to get the word out to people who aren’t already fellow travelers is really difficult.

Stand & Deliver: Yes, it is. The biggest thing that has happened so far is Ricki Lake’s documentary and book. As far as mass influence and really getting the word out there, her book and her documentary have been extraordinarily successful. She’s reaching very mainstream women.

Fischbein: She has power to get us exposure. We need to get people on Oprah or 60 Minutes or 20/20. We need to do a 20-minute segment on walking up to the CEOs of hospitals and saying to them, “Here’s your mission statement from your hospital, yet you’re telling patients that they have to have surgery.” Confront them and embarrass them a little bit. I don’t know why maternity issues like these are not more popular, because every family in America is affected by what’s going on. It’s off the radar screen.

We have an abortion rights movement in this country that, the minute anything happens regarding abortion, they’re up in arms about it. Yet women are losing the choice of how they give birth, and no one seems to care.

Stand & Deliver: It affects so many people. I wonder why there isn’t more uproar.

Fischbein: Maybe it’s because pregnant women feel very vulnerable, and once they have the baby they’re too busy dealing with life. The power of having 10,000 pregnant women march on Sacramento or march on Washington would be fantastic. Maybe we need a Million Pregnant Women March! It would be a marvelous thing to raise awareness. I’m at the mall right now, and everywhere I go there are pregnant women or women pushing their kids in strollers. 33% of these women have been delivered by cesarean section. And it’s only going to go up.
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