Legally, what rights does a mother have in chosing the position she gives birth in?

Question

I asked about this from a medical standpoint in another area, now I ask it from a legal standpoint.

My wife is pregnant and only about a month to two months from giving birth. Long story short, our research has told us that the traditional lithotomy position (on your back and legs spread in the air) has many disadvantages health-wise for mother and baby, and we would like to give birth in a different position, which is not unheard of and is growing more common. Specifically, my wife would like to be able to lie on her side, as she does not breathe well on her back, there is a decreased risk of episiotomy and tearing, and for several other reasons also.

When we talked to our doctor about this, he was unwilling to allow it. He seemed rather closed to what we had to say. My wife is very uncomfortable with this situation, and I am very upset about it.

Due to circumstances beyond our control, we have few if any options in finding another care provider, especially at this late stage of the game. My wife is on Medicaid for expectand mothers, our savings was recently drained because of surprise expenses, and we had to use some of what was left just to buy groceries this month. We live in a small community with only one hospital in driving distance and very few choices on doctors. We are feeling rather trapped and helpless at the moment.

So what rights do we have? Could my wife simply refuse to lie on her back? Has anyone ever heard of this becoming an issue before, especially at the legal level, and what was the outcome? What could we do?

Talking to a lawyer is probably not in the budget at the moment. Since time is of the essence, it probably won't be before it is time to give birth. I am willing to go forward without one if absolutely necessary, but I would like to avoid it going that far. Nevertheless, I would like to know what our rights are before we talk to our doctor the next time.

Relevent information: I live in the state of Missouri (in the United States), my wife is on state medicaid for expectant mothers, she has no other medical insurance (I have insurance on myself through another source, but cannot get it on my wife).

Links and reference are welcome, as is personal experience or advice. Thanks for any info in advance and God bless!

tonalc2 · Accepted Answer

Some groups representing doctors, including the American College of Obstetrics and Gynecology, have said that physicians should refrain from doing procedures unwanted by pregnant woman.

Unfortunately, this is not always observed. There have been several cases of filing charges against mothers because their choices were assumed to be detrimental to the child. One woman refused a Cesarian and went to another hospital, and the hospital's lawyers actually went to court to try to get custody of her unborn child. 

May I suggest you contact Planned Parenthood; they could help you, or refer you to people who can. Here's the southern Missouri office:
http://www.plannedparenthood.org/stlouis/

? · Answer

here are some resrouces for you to find;
doula/midwife
birthing classes

I would go with another Dr.
I hear that giving birth is hard enough without having limitations or constraints on how it is done.

Learn  about it to make the best decisions for you.

And remember, there is NO SUCH THING as a birth plan, there is only a birth ideal.



I had a planned c-section.
The baby had to be suctioned out and resussitated.
I also had a tubal ectomy, the spinal wore off and I felt them do it all, also they accidentally severed my round ligament.
I also couldn't walk for 3 weeks and my baby was over 4 weeks old the first time I carried her(9ft across a room).
Upside; both me and my baby got to survive the birth.

violetLVR · Answer

Maybe it's in your best interest to follow the doctor. While I don't like ignorance either, he might know what he's talking about.
However, in the cases of natural water births through midwives, mothers do give birth in a different position. However, i would still advise that give birth in a hospital, rather than in your bath tab of your home without any medical support.

Drixnot · Answer

Well, to start with a woman does not give birth laying flat on her back.. so if she can tolerate sitting in a reclining chair she shouldn't have any trouble breathing. (I've done it twice)

Furthermore... legally she can either do what the doctor says or find someone else, you cannot force a doctor to do anything the way you want him too. That's it.

Find someone else.
Do what you are told.

Pick one.

Vipassana · Answer

Hardly any.

Unless she magically thinks she knows more than the doctors? Their interest is both her safety, and the safety of the child.

What she wants, is pretty much not a priority.

Edit: Add on whatever you want. You clearly already have an answer in your mind, and you'll just argue it to the teeth.

Get over it. If you don't want answers, don't ask questions, dumbshit.

Trending News

Legally, what rights does a mother have in chosing the position she gives birth in?

5 Answers