Pregnant patients' rights in the United States
Encyclopedia
Pregnant patient
s' rights regarding medical care during the pregnancy
and childbirth
are specifically a patient's rights within a medical setting and should not be confused with pregnancy discrimination
. A great deal of discussion regarding pregnant patients' rights has taken place in the United States
.
movement gaining strength, concern increased over typical hospital practices during childbirth. These medical services included medications and procedures that were not always necessary, some of which had potential to harm the mother, the baby, or both. Various health-related and consumer
organizations groups began to advocate for a pregnant woman's right to be informed about medical services related to pregnancy and childbirth and for her right to refuse such services.
In the United States
, the American College of Obstetricians and Gynecologists (ACOG) acknowledged the legal obligation of physicians to obtain informed consent
for procedures related to pregnancy and childbirth in 1974.
In a landmark 1990 case, George Washington University
Medical Center (GWUMC) announced a new policy regarding pregnant patients' rights as part of the out-of-court settlement of a case in which a pregnant patient, Angela Carder
, died. The new policy stated that decisions regarding medical care for pregnant patients would be made by the patient herself, her doctors, and her family, not by the courts. Although the settlement applied only to GWUMC, the new policy, considered the most comprehensive of its kind at the time, was expected to influence other institutions.
Some groups, such as the American Hospital Association
in its "Patient's Bill of Rights", advocate additional rights, including rights to the following:
Patient
A patient is any recipient of healthcare services. The patient is most often ill or injured and in need of treatment by a physician, advanced practice registered nurse, veterinarian, or other health care provider....
s' rights regarding medical care during the pregnancy
Pregnancy
Pregnancy refers to the fertilization and development of one or more offspring, known as a fetus or embryo, in a woman's uterus. In a pregnancy, there can be multiple gestations, as in the case of twins or triplets...
and childbirth
Childbirth
Childbirth is the culmination of a human pregnancy or gestation period with the birth of one or more newborn infants from a woman's uterus...
are specifically a patient's rights within a medical setting and should not be confused with pregnancy discrimination
Pregnancy discrimination
Pregnancy discrimination occurs when expectant women are fired, not hired, or otherwise discriminated against due to their pregnancy or intention to become pregnant...
. A great deal of discussion regarding pregnant patients' rights has taken place in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
.
History
In Western countries, medical services used during labor and delivery have increased since the 1930s. Starting in the 1950s, with the natural childbirthNatural childbirth
Natural Childbirth is a philosophy of childbirth that is based on the notion that women who are adequately prepared are innately able to give birth without routine medical interventions. Natural childbirth arose in opposition to the techno-medical model of childbirth that has recently gained...
movement gaining strength, concern increased over typical hospital practices during childbirth. These medical services included medications and procedures that were not always necessary, some of which had potential to harm the mother, the baby, or both. Various health-related and consumer
Consumer organization
Consumer organizations are advocacy groups that seek to protect people from corporate abuse like unsafe products, predatory lending, false advertising, astroturfing and pollution.Consumer organizations may operate via protests, campaigning or lobbying...
organizations groups began to advocate for a pregnant woman's right to be informed about medical services related to pregnancy and childbirth and for her right to refuse such services.
In the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, the American College of Obstetricians and Gynecologists (ACOG) acknowledged the legal obligation of physicians to obtain informed consent
Informed consent
Informed consent is a phrase often used in law to indicate that the consent a person gives meets certain minimum standards. As a literal matter, in the absence of fraud, it is redundant. An informed consent can be said to have been given based upon a clear appreciation and understanding of the...
for procedures related to pregnancy and childbirth in 1974.
Decision-making regarding pregnant patients' care
A 1987 study found that in the preceding decade, at least 22 hospitals in the United States sought direction from the courts regarding care for pregnant patients. Fifteen court orders were sought, all but one without careful study of the legal facts of the case.In a landmark 1990 case, George Washington University
George Washington University
The George Washington University is a private, coeducational comprehensive university located in Washington, D.C. in the United States...
Medical Center (GWUMC) announced a new policy regarding pregnant patients' rights as part of the out-of-court settlement of a case in which a pregnant patient, Angela Carder
Angela Carder
In re A.C. was a 1987 D.C. Circuit reproductive rights case. It was the first appellate court decision to "take a stand against" forced caesarean sections. Angela Carder was forced to undergo a life-threatening Caesarean section in an unsuccessful attempt to save the life of her fetus...
, died. The new policy stated that decisions regarding medical care for pregnant patients would be made by the patient herself, her doctors, and her family, not by the courts. Although the settlement applied only to GWUMC, the new policy, considered the most comprehensive of its kind at the time, was expected to influence other institutions.
Specific rights advocated
Advocates endorse a pregnant patient's right to participate in medical decisions that may affect her well-being and that of her child. Specifically, these include but are not limited to the right to know the effects and risks to both the woman and the child associated with a drug or procedure, as well as the right to know about additional and alternative treatments.Some groups, such as the American Hospital Association
American Hospital Association
The American Hospital Association is an organization that promotes the quality provision of health care by hospitals and health care networks through such efforts as promoting effective public policy and providing information related to health care and health administration to health care...
in its "Patient's Bill of Rights", advocate additional rights, including rights to the following:
- To receive medical assistance regardless of where the patient gives birth (whether at home, in a hospitalHospitalA hospital is a health care institution providing patient treatment by specialized staff and equipment. Hospitals often, but not always, provide for inpatient care or longer-term patient stays....
, etc.). - To refuse drug treatment of any kind.
- To be accompanied during labor and birth by a person or persons she cares for and to whom she looks for emotional support.
- To labor at her own pace without intervention if she chooses.
- To choose her own birthing position.
- To keep her baby at her bedside immediately after birth if the baby does not require specialized care, and to feed the baby according to a schedule she decides rather than according to a standard hospital regimen.
See also
- Patient advocacyPatient advocacyA Patient Advocate acts as a support structure and if legally contracted to do so may act as a liaison between a patient and their Health Care Provider. Most health care professionals see themselves as advocates for their patients, however their time and scope are limited by their job function...
- Patient empowermentPatient empowermentThe patient empowerment concept, a recent outgrowth of the natural health movement, asserts that to be truly healthy, people must bring about changes in their social situations and in the environment that influences their lives, not only in their personal behavior.According to advocates of the...
- Pregnant patients' rightsPregnant patients' rightsPregnant patients' rights refers to pregnant women's rights regarding medical care during the pregnancy and childbirth. It refers specifically to a patient's rights within a medical setting and should not be confused with pregnancy discrimination....
, which addresses the subject throughout the world - Women's rightsWomen's rightsWomen's rights are entitlements and freedoms claimed for women and girls of all ages in many societies.In some places these rights are institutionalized or supported by law, local custom, and behaviour, whereas in others they may be ignored or suppressed...