Posted by My OB said WHAT?!?.
Jan
29
Posted by My OB said WHAT?!?.
“It’s Illegal Everywhere But Maybe New York.”
“It’s illegal in our state to have a VBAC if your first birth was a cesarean. As far as I know, it’s illegal everywhere but maybe New York.” – OB when a mother inquired about VBAC.
There are 46 comments to this post.
Woohoo! What a rebel lawbreaker I am! Missouri mama whose second born was a VBAC!
Goodness. Legal information fail here. How about you stick to medical info and leave the rest to the lawyers?
[Reply]
So if it’s illegal, why do you need my consent?
And what’s with “to have a VBAC if your first birth was a cesarean” isn’t half that sentence redundant?
[Reply]
Amanda Reply:
January 29th, 2011 at 12:45 pm (Quote)
My interpretation was that the OB thinks VBACs are illegal if your first birth was a c/s because the mom has never had experience with a vaginal birth, if that makes sense. Either way, I hope the mom found a more accommodating health care provider.
[Reply]
Alyson Miers Reply:
January 29th, 2011 at 5:54 pm (Quote)
It isn’t redundant if the mom had a vaginal birth first, a c-section for her second or later child, and is attempting a VBAC for her next baby.
(Still, the “you can’t VBAC if you didn’t have at least one vaginal delivery before your c-section” rule would exclude an awful lot of after-cesarean moms, and I’m sure the doctor is more than aware of that.)
[Reply]
So if my first birth was a vaginal birth, but the second was a cesarean, does that mean I can have a VBAC according to your made up laws?
[Reply]
Umm Abdullah had this to say,
Jan 29, 2011 @ 1:11 pm (Quote)
So, I’ve only had vaginal births, does that mean I can’t have a c-section?
Interesting to think of what kind of twisted world some of the posts on MOBSW seem to come out of.
[Reply]
Dear Doc,
Having a PhD doesn’t give you a magic license to pull stats, information, or made up laws out of your @$$!! Just bc you went to school for more than a decade, doesn’t mean everything that comes out of your mouth is true! UG.
[Reply]
Debra Reply:
January 29th, 2011 at 11:52 pm (Quote)
Well, there’s your first problem – if the doctor’s degree is a PhD instead of an MD. No wonder he doesn’t know what the hell he’s talking about.
[Reply]
Sarah Dorrance-Minch Reply:
January 30th, 2011 at 7:46 am (Quote)
Yes indeedy! Exhibit A: Doctor Phil…
[Reply]
K Reply:
January 30th, 2011 at 11:47 am (Quote)
Whoa here… I would take an MD/PhD any day over a plain MD. They have training in understanding evidence. And, as a PhD myself, I can say that I (though not all, e.g. history) understand statistics and experimental design better than any plain MD I’ve ever seen (though, not the one MD/PhD, perhaps).
On the other hand, an MD (whom we shall refer to as Dr., even in social situations, becuase that’s a REAL doctor) has less training overall, almost none in critical thinking and zilch in interpreting evidence – is supposed to be the AUTHORITY on medical decisions? That’s like batting your eyes and asking a car dealer what kind of car he thinks you should get.
[Reply]
last i knew you couldnt legislate reproduction, not that it hasn’t been tried or infringed on, but that it crosses such human rights boundaries that it raises issues like that little thing called “the abortion debate” when you try.
and therefore any woman who previously had a c-section went into spontaneous labor and didnt make it to the hospital in time would then be… arrested?
[Reply]
ummm….someone apparently didn’t get the memo…
http://www.acog.org/from_home/publications/press_releases/nr07-21-10-1.cfm
I’d check up and see where this OB graduated, and what their grades were through medical school because apparently this OB either doesn’t have internet access or cannot read…
[Reply]
Marissa Reply:
January 29th, 2011 at 2:12 pm (Quote)
I had a music teacher who was consistently reminding us that half of all doctors graduated at the bottom of their classes. Which is true, but I’m still not sure why she felt the need to remind us over and over again.
Also, logic fail. Unassisted birth isn’t illegal (or at least enforceable) anywhere in the world, let alone this country. So VBAC is legal. Period. Whether your hospital or your practice support it is another matter, but what are they going to do? Arrest me for having my baby in the backseat of a cab because I didn’t make it to the hospital in time for your c-section and I was already in labor? I should clearly move to New York where the logic actually seems to prevail.
Dear doctor, you’re an idiot.
[Reply]
Emily Reply:
January 29th, 2011 at 7:40 pm (Quote)
I just think it’s so weird that he chose NY as the exception. I was born and raised in NY, and NYC is notorious for the “designer birth” crap that’s going on. He was just trying to scare her by lying and not only is he a bad doctor, but he’s also a bad liar…oy…
[Reply]
Sara Reply:
January 30th, 2011 at 1:43 am (Quote)
I *think* Austria has a law saying women have to have a midwife attending. I don’t think it’s enforced, though.
[Reply]
Elizabeth Reply:
January 30th, 2011 at 8:15 am (Quote)
I live in Germany right now thanks to Army and have befriended a homebirth midwife and she just told me all hospital births in Germany have to have a midwife present, even in a c-section.
[Reply]
Sara Reply:
January 31st, 2011 at 12:33 am (Quote)
That’s true! Doctors cannot attend births on their own, a midwife has to be present. It’s called the Hebammenhinzuziehungspflicht. 
But at least in Germany, that only applies to doctors, not mothers. I think the Austrian law is different.
[Reply]
O_o
Until we are living in a literal police state, a baby coming out of a woman’s vagina will always be legal.
Say it with me, folks– a vaginal birth is not a procedure.
You can make ATTENDING a VBAC illegal, just like you can make attending a homebirth illegal. I mean, it’s horrible and ridiculous, but to some extent, you can do it.
But you can’t make a VBAC or a homebirth ITSELF illegal in the US without stepping ludicrously outside of the realm of constitutionality.
[Reply]
Megan Reply:
January 29th, 2011 at 5:34 pm (Quote)
you can also have to deal with Dr.’s who refuse to do VBAC’s. or Live in a state that makes it illegal for a midwife to assist a VBAC birth outside of the hospital ruling out Home births and birth center births.
I just spoke to a Dr. over the phone who would see me for a c-section consult but would not schedule an appointment for me if i was looking for a VBAC.
[Reply]
BTW, correct me if I’m wrong, but I’m pretty sure no state or territory in the US has a law against having VBACs OR against attending VBACs. No?
It may be de facto impossible in some areas to get an OB to attend a VBAC in the hospital, but that doesn’t make it illegal.
[Reply]
Megan Reply:
January 29th, 2011 at 5:36 pm (Quote)
It depends on the state actually. And it depends on the birth location. Many states still have laws that prohibit a midwife from attending home births or birth center births if it is a VBAC.
[Reply]
Sheva Reply:
January 29th, 2011 at 6:03 pm (Quote)
Right, but pushing a baby out vaginally is still legal. YOU can have a VBAC. You may be limited as far as place or attendants, which makes it almost impossible to do it, but I don’t think it’s actually illegal to VBAC.
[Reply]
Dreamy Reply:
January 29th, 2011 at 6:28 pm (Quote)
I can see that, but (aside from VBACs not being illegal in and of themselves)… I should have rephrased and said that I don’t think any US state or territory actually makes it illegal for ANYONE in any setting to attend a VBAC. That is, I don’t think there is any place in the US that prohibits all other human beings (aside from the birthing woman herself) from attending VBACs as medical professionals. IOW, (given issues with midwives, HBs, etc.) that at the very least there is no law prohibiting an MD from attending a VBAC in a hospital.
[Reply]
Dreamy Reply:
January 29th, 2011 at 6:30 pm (Quote)
Errr… That should be something like “everyone in all settings,” but I think YKWIM. That there is no law in any place in the US stating that no med professional is allowed to attend a VBAC.
[Reply]
Emily Reply:
January 29th, 2011 at 7:50 pm (Quote)
ALL OB’s are allowed to attend a VBAC…and in all actuality they are now ENCOURAGED to do so. EVEN if a woman has had more than one c-section. ACOG just posted their new guidelines for VBAC.
http://www.acog.org/from_home/publications/press_releases/nr07-21-10-1.cfm
Print it out and take it with you to your next doctor’s appointment!
And in fact they also just posted an article that concedes to the fact that home birth is low risk for low risk pregnancies.
http://www.acog.org/from_home/publications/press_releases/nr01-20-11.cfm
Now, they tempered it with a lot of exceptions and scare tactics (I’m paraphrasing with sarcasm) “well, home birth is low risk for low risk pregnancies, but it’s not for YOU or YOU and especially not for YOU and if it is low risk for you, your baby could die”. But ACOG is now slowly being forced kicking and screaming into admitting that home birth is low risk for low risk pregnany…it’s a start right?
[Reply]
This Dr has either confused hospitals ‘banning’ VBAC’s because some don’t meet the ACOG’s recommendations for VBAC’s with them being illegal, or he know’s he’s lying so he doesn’t have to give women a choice.
I know which one I think it is…..
[Reply]
The Mommy Blawger had this to say,
Jan 29, 2011 @ 3:53 pm (Quote)
Wishes this doctor would be charged with practicing law without a license…
[Reply]
Alyson Miers had this to say,
Jan 29, 2011 @ 5:45 pm (Quote)
Hey Dr. Pants-on-Fire, it’s unethical in our state to lie to a patient to make her undergo repeat abdominal surgery. As far as I know, it’s unethical everywhere but maybe…no, it’s unethical everywhere.
[Reply]
Sarah Dorrance-Minch had this to say,
Jan 30, 2011 @ 7:48 am (Quote)
Wishful thinking does not constitute actual legislation. Nice try, Doctor.
[Reply]
This website always makes me glad to be British where our doctors are answerable to the Trust and midwives are at every birth. Don’t get me wrong, there are still things that go wrong, I’ve made some submissions myself but if this was said by my doctor I’d a. speak to another doctor in the hospital, b. speak to the Head of MWs (or Supervisor of MWs in some hospitals) and get her to over rule him (her word stands in hospitals and they’re usually a lot friendlier) or c. ignore him and do what I want anyway because I’m still the boss of me and he has a legal responsibility to make sure I’m looked after in birth.
[Reply]
Trackback/Pingbacks to this post.
Add Your Comment.
Previous Post
« “You’d Be Tied To The Bed The Whole Time.” Next Post
“…You Don’t Have A Choice.” »
« “You’d Be Tied To The Bed The Whole Time.” Next Post
“…You Don’t Have A Choice.” »
Oh those outlaw New Yorkers! It’s such a scary and ruthless place that they even allow VBACs! **oooh**
–
As a dyed-in-the-wool New Yorker, I can tell you that if they wanted to raise the VBAC rate, the first thing they’d do is outlaw VBACs in New York City because then a whole lot of people would say, “Who the heck are they to tell us how we can give birth?” and a lot of people would “forget” to show up for their scheduled sections and “not realize” they were in labor.
[Reply]
Heather Reply:
January 29th, 2011 at 12:34 pm Heather(Quote)
LMAO! Sadly, lots of New Yorkers already do that because VBAC support can be just as inaccessible there as anywhere else. I’ve seen them post on the VBAC support group about it.
[Reply]