#153 | Legal Case Study #2 with Attorney Hermine Hayes-Klein: Injured by Obstetrics with Nowhere Else To Turn

"You'll never get sued for doing a C-section. You'll only get sued for the C-section you didn’t do." This is the narrative in obstetrics and the lens through which hospital birth is viewed. Litigation is feared in obstetrics but for the wrong reasons. What if, instead of resorting to C-sections to prevent liability exposure, doctors were rewarded for avoiding unnecessary C-sections? United States law as it's practiced today actually incentivizes OBs to perform C-sections, and this system plays a role in today’s high maternal mortality rates in the U.S. Further, obstetricians get paid more from their hospital administrators for cesarean sections.

You may remember Hermine Hayes-Klein, the women's healthcare and human rights attorney who joined us in December for Down To Birth Episode #138 for Legal Case Study #1. Hermine is back today to tell us of one woman whose bladder was permanently damaged by her birth management team. Our discussion demonstrates how U.S. law protects providers in such cases, not the patient, and how true informed consent is routinely and repeatedly neglected in obstetrics.

Hermine Hayes-Klein

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