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Why Are We Asking Doctors if Women Should Have Midwives?

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Shouldn’t women decide if women have midwives?

Two weeks ago, I was bumped from a national radio show (I still love you, Diane Rehm!) as a consumer advocate for a final panel that was made up of the president of the national organization for obstetricians, another obstetrician, a nurse midwife, and a reporter.  (The show was postponed when another news story took precedence.)  The choice of topic, midwifery, was precipitated by the new U.K. guidelines urging that healthy, low-risk women consider midwife-led, out-of-hospital options for birth as a safer alternative to hospital birth (see New York Times article here).(1)

Right before the producer was about to hang up in my first conversation with her, she mentioned they had some doctors to talk to before they’d know if I would fit on the panel.  I thought, “Oh, here we go,” and asked, “Can I just say one more thing?”

I then said something along the lines of: “I know you have to talk to the doctors, because they’re the ‘experts,’ right?  But this is the changing conversation in maternity care.  Women are smart enough to make these decisions.  Women have the right to make these decisions.  Women want midwives.”

This isn’t the first time. The press, and many others, have long deferred to doctors about whether midwifery is a legitimate option for women. Just this month, a piece by the New York Times editorial board praised midwifery, but still referred to medical centers as “allowing” and “letting” midwives to have more room to work.(2) (See “The Way We Talk About Midwifery Care Matters” for some great comments on this language.)

It seems like a no-brainer to me that when we are talking about midwifery care, the conversation should be with women and midwives.  But one thing I’m sure that the general public and the media don’t understand, when they are constantly deferring(3) to doctors on this issue, is that doctors are the main reason women don’t have midwives.

What Exactly is Midwifery?

It may be hard for those of us born and raised in the U.S. to wrap our heads around the fact that midwife-led care is the global Gold Standard for mother/baby health.(4) For just a moment, though, suspend what you think you know, and consider that the U.S. has a uniquely dysfunctional system of maternity care, along with some famously poor outcomes for mothers and babies.(5) It’s helpful, then, to look outside our own system to see how things can be done better.

This summer, The Lancet, an internationally respected medical journal, published a series on midwifery that urged a “system-level shift” from a “fragmented” pathology-based (medical) model to a team-based, multidisciplinary model, with midwives as “pivotal” to this approach.(6)

Midwifery is a model of care that predates and overlaps with medicine. It is, however, its own specialty: the specialty of supporting women in using their own bodies, brains, and strength to give birth. In midwifery care, birth depends less on interventions because it depends more on the capabilities of women. Midwives have “clients,” not “patients,” and a deep regard for women as the authorities on themselves and as the hearts of their families. Care is personalized, with face-to-face prenatal appointments often lasting 45 minutes or an hour each, and including information about nutrition and preparation for breastfeeding and the postpartum period. Of course, I am speaking generally here; there will be variations within the group. (Read this great article, “Comparing the Medical Model vs. Holistic Model…” for more.)

Midwives are trained to handle emergencies, focusing more on lower risk manual skills than technological ones, but some women and babies will need treatment–like surgery–that midwives don’t provide directly, but refer out to the appropriate specialist.  This is where obstetrics comes in to complement and overlap.

Both professions are absolutely necessary, and the best scenario for families is one where midwives and obstetricians collaborate seamlessly, as a team. Women and babies benefit from top-notch prenatal care and the best chance of a healthy, uncomplicated birth, with the safety net of a specialized surgeon for the rare but real complications that may arise.

Bizarrely, however, the U.S. utilizes only these high-risk specialists (obstetricians) for almost everyone, even the huge number of women who would most benefit from the services of midwives. That number includes healthy women, but we have also seen that midwifery can help to mitigate risk in groups where the only difference between a small, sick, premature baby and a full-term, healthy one is an informed, supported mother.  (Read about how one Florida Licensed Midwife is slashing preterm birth and Cesarean section rates in an at-risk community here; a Washington, D.C., birth center for low-income women does the same here.)

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To us in the U.S., the concept of autonomy for midwives or autonomy for women in childbirth is–largely–a foreign one. It is almost hard to imagine that a woman might independently choose to hire a midwife who works for herself or her own practice, and that the two of them together might decide when or if to bring in an obstetrician at any point. If that idea makes you uncomfortable, sit with it for a minute and think about why.  What, or who, don’t you trust in that scenario?

A Conflict of Interest

In the early 1900s, the burgeoning American medical lobby was nearly successful in stomping out what they saw as their competition, including what the Journal of the American Medical Association and others called “the midwife problem,” through calculated smear campaigns.  (Incidentally, in the same 1912 article I link to about “the midwife problem,” Dr. J. Whitridge Williams, an obstetrics professor at Johns Hopkins University, says that in a survey of obstetrics professors around the country, “a large proportion admit that the average practitioner, through his lack of preparation for the practice of obstetrics, may do his patients as much harm as the much-maligned midwife.”) Employing racist, sexist themes, this group portrayed midwives as unskilled, ignorant, and dirty. Up against the strategic efforts of moneyed white men to co-opt childbirth into an institutional model, midwives—disenfranchised, unrepresented, and powerless—didn’t have a chance. By the middle of the century, American birth had shifted from home to hospital, under the authority of doctors and leaving midwives (and poor, rural, and Black women) behind. (The crushing of the venerable Granny Midwife in the South deserves its own article.)

New England Journal of Medicine

New England Journal of Medicine

The story of this shift is surprising and fascinating, and I encourage anyone who is interested to explore it: how an enterprising medical profession convinced women to give birth in institutions to be subjected to nonconsented medical experimentation and this: “at every level of predicted risk [for birth] measured, high and moderate as well as low, perinatal mortality was highest by far for births in hospitals and lowest for births at home.”(7)

Since then, midwifery has had to scrape and crawl its way back up to the present hodgepodge of different types of midwives, with various credentials and training, and a mishmash of state laws and rules that range from “Sure! Go get yourself a midwife!” to “If we catch you with a midwife, she’s going to jail.”  Likewise, there’s a wide range of attitudes in the medical community about midwives, from beautiful medical-to-midwife collaboration, to punitive treatment of both midwives and their clients, as well as any physicians who dare to assist them.  This article does not focus on the few places where collaboration is the rule of the day, but on the many places where it is not.

Things are better than they were, but nowhere near where they should be.  Today, the American College of Obstetricians and Gynecologists (ACOG) refuses to recognize the midwives who attend around 80% of birth outside of hospitals(8) (“ACOG does not support programs that advocate for, or individuals who provide, home births.”)(9).  They have only recently acknowledged “accredited birth centers” as acceptable locations, as their long-time policy has been that all birth should be hospital-based (a 2008 policy statement actually blustered, “Choosing to deliver a baby at home… is to put the process of birth over the goal of having a healthy baby”)(10). Thus, they do not embrace the position of their maternal health colleagues who believe all birth should be where women decide to give birth.  There is truth to ACOG’s assertion that the training and education for a very small number of these midwives is not standardized, but, really, those midwives and their clients aren’t looking to obstetricians for approval. And pushing those midwives underground certainly does not result in better training or safer births.

One credential—that of Certified Nurse Midwife (CNM)—has found more acceptance in the medical community, but nurse-midwifery no longer resembles its origins of women on horseback delivering excellent care to the homes of other women in rural Kentucky.  Now, 95% of nurse midwives work in hospitals,(11) most under—you guessed it—the supervision of doctors.  Women aren’t just working with the midwife they’ve hired; they’re working with what the midwife’s backing physician, other physicians, and the institution will “allow.”

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It’s actually harder than you’d think to find places where a woman is free to independently hire and work with a midwife without the imposition of third-party supervision.  Here’s one of many true stories about how this looks in real life, for one Certified Nurse Midwife: Midwife respects her clients’ right to give birth in whatever position they like, and knows that restricting women’s movement and positioning in labor and pushing can impede labor and injure women and babies.  Random obstetrician from a different practice hears that midwife’s client gave birth on her hands and knees on a blanket on the floor.  He complains to the hospital, triggering new policy.  Now, Midwife’s clients must give birth in bed, like everyone else.

So, what does it matter that a woman has hired a midwife, when a random obstetrician she’s never even met can take her choice about how to give birth right out of her hands?  This clues us in to why women are hiring midwives in the first place: we don’t always like to be told “how to give birth.”

No Way Out

Lithotomy-Then-300x275

Lithotomy position from 1944 obstetric textbook. How much has changed, or not changed, in 70 years of better evidence and acknowledgement of human dignity?

Yes, most women are still being told how to give birth.  They are subject to practices that have been proven harmful for decades: denying them food and drink in labor (60%), restricting them to bed (76%) on their backs (92%), and tying them to continuous electronic fetal monitoring (94%) that is so faulty, the U.S. Preventive Services Task Force issued a recommendation against it, as just a few examples (see State of Maternity Care Table)(12).  In some facilities, policies of physical force are used when women don’t comply with provider preferences (see “Inappropriate Use of Restraints” for an all-too-typical example of the kinds of things I hear on a regular basis from consumers).  Women are still having Cesareans in epidemic numbers, for things that evidence-based guidelines don’t support or that better care might have avoided (see ACOG Safe Prevention of the Primary Cesarean Delivery).

What happens to women who choose out-of-hospital care?  It can be difficult for them to find doctors who will provide prenatal consultation, for one.  Some women will forfeit their wish to give birth at home for fear of reprisals should they end up needing to transfer to a hospital in labor.  I have spoken with women from all over the country who say they have been bullied, refused care, and treated with violence as home-to-hospital transfers.  Louisiana mother Andrea Davis uses words like “violated,” “raped,” and “shame” to describe her experience (witnessed by her midwife, doula, husband, and seventeen-year-old daughter) after she transferred in to St. Tammany Hospital (which features a 45.1% Cesarean rate!) simply because she was exhausted after 24 hours of labor.  Her story is not uncommon, and it’s not hard to understand why neither women nor their midwives would want to transfer into this kind of setting.  It’s not hard to understand, either, why a woman wouldn’t choose that kind of environment for her birth in the first place.

Family doctors and obstetricians who support midwives and their clients may also face ostracism from their peers and their profession. Several who have contacted Improving Birth are worried they will lose their hospital privileges—and their practices—if they continue to collaborate with out-of-hospital midwives.  It’s sad, because these collaborative relationships are exactly what make out-of-hospital birth safer.

Sociologist and professor of obstetrics and gynecology Raymond DeVries observes that other sociologists have “noted that licensing laws… have given professionals and their associations a restrictive monopoly over practice,” evolving from merely preventing an unlicensed person from using a certain title to making it “a criminal offense for the unlicensed to take any action specifically reserved for licensed professionals.”(13)  He further notes the cozy relationship between the professional associations and the public agencies meant to act as regulatory and disciplinary bodies, quoting Ronald Akers’ study of the same: “It appears that their activities, personnel, and even finances overlap to such an extent that it is not entirely correct to say that the association ‘influences’ the board’s administration of public policy. . . . The cooperation between the two sometimes reaches the point of near identity.”(14)  In other words, when medicine decided to “professionalize” childbirth, it simply staked out the boundaries and set up shop with the blessing of the state.  The multibillion-dollar industry we have today has its roots in this self-defined, self-regulated system.

Indeed, when women have nowhere else to go, they are giving birth within the limits of what looks a lot like a monopoly: a profession answerable primarily to its own members, that sets its own standards for practice in an extraordinarily lucrative market, with no obligation to adhere to guidelines established by objective scientific organizations.  Take a look at some of the differences between statements by the U.K. Royal College of Obstetricians and Gynaecologists on the one hand, and the U.S. ACOG on the other:

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Women vs. The Medical Lobby

The families are always caught in the middle: hurt by–and fed up with–a national maternity care system that Amnesty International calls a “crisis.”(15)  Their frustration fuels grassroots efforts all over the country to reform, improve, and expand maternity care.  But these consumer-fueled efforts routinely meet with opposition and resistance.  You may be surprised to learn that this constant tug-of-war over the options available to women is between families and the medical lobby. Even as consumers beg for something different, the message they seem to keep getting is, “No–we know what’s best for you, and we’re it.”

Dozens of local and state consumer groups, as well as several national groups, are currently campaigning for more access to midwifery care. Certified Professional Midwives (CPMs) are legally allowed to practice in only 28 states; consumers in fourteen other states are actively working towards state licensure for CPMs, a formidable battle for what are often young, cash-strapped families.  Their chief opposition?  Doctors. The medical lobby.  No other group is out there organized against access to midwifery, and it’s a powerful, well-funded group. In Alabama and Massachusetts, for example, the only opposition to proposed bills by consumer organizations (the Alabama Birth Coalition and Massachusetts Friends of Midwives) is the state medical society and state ACOG representation.

Ethicist and obstetrician/gynecologist Paul Burcher acknowledged this influence recently, as he urged his fellow doctors to reconsider their opposition: “Since obstetricians as a political lobby are largely responsible for these punitive laws [that make midwifery difficult to practice, or even illegal, in a home birth setting], we should work to have them overturned if we seek to renew the trust of our midwife colleagues” (emphasis added).(16)

Policing the Competition

Dr. Burcher is right.  Even where midwifery is “legal” and licensed, it is frequently shaped by the political forces behind organized medicine.  In other words, one profession is empowered by the state to police its competition.  Its advice and permission are sought when the rules are made, and its presence—often a majority presence—is a given on the ruling bodies.

In Arizona, obstetricians are the reason a healthy woman MUST CONSENT to routine vaginal exams if she chooses an out-of-hospital midwife, because that’s one of the things the state ACOG representative pushed for in the rules.  Now, if a woman does not consent in pregnancy and labor to routine vaginal exams—which are obsolete and even risky according to many practitioners, and painful and disruptive during labor—her midwife is legally obligated to drop the woman’s care and send her to an obstetrician for a hospital delivery. (The rules from the state of Arizona are here, but a more entertaining and pointed accounting from an actual midwife is here.)

I don’t know about you, but the idea that a vaginal exam is mandated by rule of the state is abhorrent to me.  Put yourselves in those women’s shoes—er, stirrups.  Can you imagine having to lie back and take a penetrating exam like that—just to retain the right to give birth outside of the hospital?

In Louisiana, the state with a 40% Cesarean rate,(17) if you’ve ever had a Cesarean birth, you actually have to get written approval from an obstetrician and apply on an individual basis to the state medical board (the medical board… of doctors) for permission to give birth at home with a midwife.  You might argue that a woman who has had a Cesarean doesn’t fit a “low risk” profile qualifying her for an out-of-hospital birth, but here’s the dilemma for that same woman: also in Louisiana, if you’ve ever had a Cesarean, outdated policies and attitudes at most hospitals mean you’re not allowed to give birth vaginally there (in Ms. Davis’ parish, for example, the rate for vaginal birth after Cesarean is a depressing 1.5%).(18)  The only way you are “allowed” to give birth is by surgery.  By boxing women into hospital birth at facilities with mandatory surgery policies, the state medical board is essentially compelling Cesarean surgery for large groups of Louisiana women.

Consumer advocate and VBAC Facts founder Jennifer Kamel, who promotes access to accurate information about options for birth after a Cesarean, said: “I attended a California medical board meeting to speak as a consumer about restrictions on access to vaginal birth after Cesarean levied on women, whether they choose hospital or home. It is unbelievable to me that midwives have all of these regulations saying who they can/cannot see and when they need to refer out to a physician. However, when I asked the senior staff counsel for the medical board after the meeting if obstetricians had similar regulations that could say, mandate them to counsel women in a specific way about vaginal birth after Cesarean, or prohibit them/have repercussions for forced Cesareans, she informed me ‘no.’ [Over 40% of U.S. hospitals have mandatory surgery policies.] Fundamentally, this does come down to trust. The medical board does not trust midwives as a profession to make the right choice. And yet obstetricians have zero regulations comparable to midwifery regulations. They are trusted to determine when something is outside of their scope of practice and they need to refer her to another specialist. Midwives are not trusted.” (Ms. Kamel’s full statement to the board is here.)

These are the kinds of rules we get when a group is authorized by the state and the market to act in its own self interest to decide the “how, where, and with whom” about childbirth.  What’s missing?  The decisions of the women giving birth.

The Water Birth Debacle

Earlier this year, American medical organizations representing obstetricians (ACOG) and pediatricians (AAP) released a statement calling the safety of water birth into question, and advising that it should only take place as “an experimental procedure.”(19)  It was an odd choice of subject, since water birth is almost exclusively a midwifery practice, especially when one statement author further explained that the statement was partially a response to what they believed was a proliferation of water births at home.(20)

The statement was full of scientific errors and misrepresentations, and excluded high-quality studies on tens of thousands of births.  It warned women that there were no maternal benefits to water birth—which was incredible to many women who had actually had water births and experienced its benefits firsthand (Improving Birth asked women, and got over 130 responses on its Facebook page by the next day, here).  The idea of no maternal benefits was also incredible to anyone who looked at the full body of research on water birth, which shows significant reduction in and even elimination of the use of episiotomy.(21)

Hospitals quickly shut down water birth programs even as consumers and midwives flooded ACOG and AAP with requests to take a scientific look at all of the evidence (read a letter from consumers here). From their noncommittal response, it does not appear that ACOG and AAP ever did so.  The voices of women had no place in this discussion even as their births were the center of the debate.  (In an interesting twist, the whole incident seemed to create a new crop of home birth families, because some women planning hospital water births moved those plans into their own homes.)

Evidence Based Birth’s Rebecca Dekker, PhD, RN, APRN, conducted a thorough review of the evidence (here).  She commented: “I’m puzzled as to why keeping women’s perineums intact and uncut is not perceived as a benefit by anyone other than the women themselves. … Who should be weighing the potential harms and the potential benefits of waterbirth, and making an informed decision about their options? Should it be the mother? Or should it be the obstetrician?”(22)

On the other side of the ocean, the U.K.’s Royal College of Midwives (RCM) called the U.S. statement “disappointingly biased, and partially incorrect,” and asserted that women should not be denied an option for which no harms had been shown, especially considering that “Maternal choice in childbirth is a human right.”(23)

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Current U.K. guidelines from the RCM and the Royal College of Obstetricians and Gynaecologists state that because more research should be done on water birth, best practices are achieved by “ensuring that women are involved in planning their own care” and conclude that all healthy, low-risk women should have the option of water birth available to them.(24)

These disparate statements reflect the difference between a system that treats women as capable adults and one that sees them as being in need of instruction and authority.  Now, I don’t doubt there are good intentions behind much of this paternalistic fuddy-duddying, but this kind of over-reaching is inappropriate in 2014 America. Worse, it’s harmful. Women like licensed midwife Jennie Joseph (British-trained, incidentally) have shown that compassionate, respectful midwifery care yields far superior health outcomes for underserved groups. Meanwhile, Black women and babies around the United States are dying at far higher rates than their white counterparts without that kind of care. (Here’s a story about Black women working to provide better care for their own communities, while having to fight the American Medical Association to do so.)

Before I end, I want to be clear about three things: One, I’m generalizing about entire professions, and I am deliberately highlighting the examples that prove my point (#notalldoctors!).  ACOG has produced some wonderful work (like the “Safe Prevention” guidelines I mentioned earlier, or their amazing ethics guidelines). Obstetricians are a necessary and much-appreciated piece of the system, who are, moreover, under heavy pressures themselves. I work with some stellar ones who love and appreciate women and midwives. It is not every individual doctor, by any means, but the profession and its lobby that often acts as if the obstetrician in childbirth is there by right.

Two, there is no denying that American midwifery still needs developing, expanding, and organizing, including protections for consumers. But I am continually surprised by assertions that midwifery should be more hobbled in order to achieve these goals. I don’t see any efforts to restrict the profession of obstetrics, despite the critical state of maternity care today and reports from consumers all over the country about mandatory surgery policies, coerced procedures, and abuse in hospital-based settings–with no meaningful protections for consumers in place there, either. In fact, I believe that doctors would be very resistant to the idea of an outside party levying such restrictions. No; for midwifery to reach its potential, midwives must be recognized as autonomous professionals–self-defined and self-regulated.

Three, I’ve never had a home birth and never will.  This has nothing to do with my personal choices.  What I see is that midwifery care is the Gold Standard the world over, and the less than 10% of U.S. women taking advantage of it is an artificially low number.  That number represents not women’s best interests, but a conflict between what women need and what Big Medicine already has.

Stay in Your Lane, Brother

The answer, when we keep asking doctors if women should have midwives (“Can we? May we? Should we?), is always going to be the same: “Maybe.” “Sometimes.” “As long as we’re supervising.”

In fact, one of the reasons it’s so refreshing to see the new guidelines from the U.K. is because they demonstrate a measure of trust in women and midwives that does not exist in the U.S.  The new guidelines say, “You ladies can handle this.  And if it gets hairy, you know we’re here for you.”  The American attitude is quite the opposite: “You can’t handle this, and we’re going to impose our help whether you want it or not.”

This brings me back to my original question: Why are we asking doctors whether women can have midwives?  Is it so hard to believe that women actually know what they need and want in childbirth?  And that, for some of them, midwife-led care might be it?

Let’s please trust that women (#yesallwomen) are capable of figuring out how, where, and with whom to give birth.  For those women who have the luxury of choice, they do not need to be told where to spend their maternity care dollars, nor do they deserve to have that money funneled into a system that doesn’t always fit them.  For those women who are already limited in their choices, walling off an avenue for them to access compassionate, personalized, life-saving care is an egregious wrong.  Finally, it is the human right of every woman to decide where, how, and with whom she will give birth.  Period.

Moving forward, we must affirm that collaboration and respect among health care professionals can only make American maternity care better.  A recognition of the natural rights of women over childbirth can only make care better.  If it is midwives who women identify as best fitting their needs, that should be the end of the conversation.  There is no other permission to be sought.

 

Cristen Pascucci (About the Author, Consult with the Author, Resources from the Author)
Founder, Birth Monopoly
Vice President, Improving Birth

 


 

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References: Article

(1) Bennhold, K., Saint Louis, C. (2014, December 3). British Regulator Urges Home Births Over Hospitals for Uncomplicated Pregnancies.  The New York Times.  (Article here.)

(2) Editorial Board. (2014, December 15). Are Midwives Safer Than Doctors? The New York Times. (Article here.)

(3) Valeii, K. (2014, December 17) How the Diane Rehm Show Perpetuates the Silencing of Women. Retrieved from BirthAnarchy.com. (Blog article here.)

(4) Sandall, J., Soltani, H., Gates, S., et al. (2013). Midwife-led continuity models versus other models of care for childbearing women. Cochrane Database of Systematic Reviews, Issue 8. Art. No.: CD004667. DOI: 10.1002/14651858.CD004667.pub3. (Journal article here.)

(5)  Amnesty International. (2010). Deadly Delivery: the Maternal Health Care Crisis in the USA. (Summary here. Download full report here.)

(6) Renfrew, M., McFadden, A., Bastos, M. (2014). Midwifery and quality care: findings from a new evidence-informed framework for maternal and newborn care.  The Lancet, 384(9948), 1129 – 1145  (Abstract here. Download Executive Summary for series here.)

(7) Tew, M. (1998). Safer childbirth? A critical history of maternity care. (3rd Ed.). New York, NY: Free Association.

(8) MacDorman, M., Mathews, T.J., Declercq, E. (2014). Trends in out-of-hospital births in the United States, 1990–2012. NCHS data brief, no 144. Hyattsville, MD: National Center for Health Statistics. (Link here.)

(9) American College of Obstetricians and Gynecologists. (2008, February 6). ACOG Statement on Home Births. Retrieved from MedScape.com (Link here.)

(10) American College of Obstetricians and Gynecologists. (2008, February 6). ACOG Statement on Home Births. Retrieved from MedScape.com (Link here.)

(11) American College of Nurse-Midwives. (2014) CNM/CM-attended Birth Statistics. Retrieved from Midwife.org. (Link here.)

(12) Declercq, E., Sakala, C., Corry, M., et al. (2006, October). Listening to Mothers II: Report of the Second National U.S. Survey of Women’s Childbearing Experiences. New York: Childbirth Connection. (Link to report documents here.)

(13) DeVries, R. (1996). Making Midwives Legal: Childbirth, Medicine, and the Law. Ohio State University Press: Columbus.

(14)  Akers, R. (1968). The Professional Association and the Legal Regulation of Practice. Law and Society Review 2: 463-82.

(15) Amnesty International. (2010). Deadly Delivery: the Maternal Health Care Crisis in the USA. (Summary here. Download full report here.)

(16) Burcher, P. (2014, December 4). What’s an Ethical Response to Home Birth? Retrieved from ObGyn.net. (Blog article here.)

(17) Arnold, J. (2013). Louisiana Hospital Cesarean Rates.  Retrieved from CesareanRates.com. (Link here.)

(18) Louisiana Department of Health and Hospitals. St. Tammany Parish, Louisiana 2009-2011 Maternal and Child Health Profile. (Download report here.  See all regional and parish-level data here.)

(19) American College of Obstetricians and Gynecologists Committee on Obstetric Practice and American Academy of Pediatrics. (2014, April). Committee Opinion No. 594, Immersion in Water During Labor and Delivery. Obstet Gynecol 2014;123:912–5. (Link here.)

(20) Stokowski, L., Macones, G. (2014, March 27). ACOG Rep Says Underwater Delivery Is a Bad Idea. Retrieved from MedScape.net. (Link here; website membership to view article is free.)

(21) Dekker, R. (2014, July 10). The Evidence on Water Birth. Retrieved from EvidenceBasedBirth.com. (Link here.)

(22) Muza, S. (2014, July 10). Evidence on Water Birth Safety–Exclusive Q&A with Rebecca Dekker on her New Research.  Retrieved from ScienceandSensibility.org. (Blog article here.)

(23) Burns, E. (2014). Response to joint American College of Obstetricians and Gynecologists (ACOG), and American Academy of Pediatrics (AAP) Committee’s opinion regarding birthing pool use during labour and waterbirth. Retrieved from RCM.org.uk. (Download letter here.)

(24) Alfirevic, Z., Gould, D. (2006). Royal College of Obstetricians and Gynaecologists/Royal College of Midwives Joint statement No. 1, Immersion in Water During Labour and Birth. (Download guidelines here.)

References: “RCOG vs. ACOG” Handout

RCOG Statements:

“The evidence to support underwater birth is less clear…”
“[T]o achieve best practice with water birth…”
“All healthy women with uncomplicated pregnancies at term…”
Alfirevic, Z., Gould, D. (2006). Royal College of Obstetricians and Gynaecologists/Royal College of Midwives Joint statement No. 1, Immersion in Water During Labour and Birth. (Download guidelines here.)

“We support choice for low-risk women…”
Roberts, M. (2014, May 12). Labour wards not for straightforward births, says NICE. Retrieved from BBC.com. (Article here.)

“Too many babies are born in the traditional ‘hospital’ setting…”
Borland, S. (2011, July 15). Big push for home births: Too many babies are being born in hospital, say doctors. Retrieved from DailyMail.co.uk. (Article here.)

“The revised guideline places a greater emphasis on patient choice…”
Royal College of Obstetricians and Gynaecologists. (2014, December 3). RCOG statement on revised NICE intrapartum care guidelines. Retrieved from RCOG.org.uk. (Link here.)

ACOG Statements:

“Given its potential seriousness…”
“[T]he practice of …(underwater delivery)…”
American College of Obstetricians and Gynecologists Committee on Obstetric Practice* and American Academy of Pediatrics. (2014, April). Committee Opinion No. 594, Immersion in Water During Labor and Delivery. Obstet Gynecol 2014;123:912–5. (Link here.)

“The advice of the group is that it should not be done…”
Goldman, A. (2014, March 26). The New Warning About Water Births. Retrieved from WomensHealthMag.com. (Article here.)

“Choosing to deliver a baby at home…”
“… monitoring of both the woman and the fetus…”
“ACOG does not support programs that advocate for…”
American College of Obstetricians and Gynecologists. (2008, February 6). ACOG Statement on Home Births. Retrieved from MedScape.com (Link here.)

ACOG’s current policy on home birth is here (2011, reaffirmed 2013).

 


 

“You’re Not Allowed to Not Allow Me” is one of the essays in Take Back Your Birth, a 30-page eBook by Cristen Pascucci written to inspire and inform moms. It can be given as a gift to to-be mothers and is also appropriate for professionals to use with their clients.Click here to get yours!

Take Back Your Birth is balanced, informative (evidence-based), simple and to-the-point, as well as encouraging and inspiring…all the while carrying a lighthearted and compassionate tone.” – Rachael Hutchins, Doula Rachael Birth Services, Woodstock, Georgia

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Kentucky Birth Monopoly: Begging for Birth Centers

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This week, Kentucky families won a victory when a circuit court reversed a decision that had prevented a proposed birth center in Elizabethtown from moving forward.  The original denial was based on opposition from three local hospitals that currently hold the monopoly on birth-related services.  That monopoly exists throughout Kentucky, with zero birth centers in the state and only a handful of midwives who are legally permitted to attend births outside of hospitals—and in-hospital midwives and their clients usually restricted to what supervising and “collaborating” physicians will allow.

In 2009, Certified Nurse Midwife Mary Carol Akers began the process of opening​ the Visitation Birth and Family Wellness birth center.  She has spent a quarter of a million dollars on that effort, with the support of hundreds of Kentucky families.  At the Certificate of Need (CON) hearing in 2013, about a dozen people showed up each day for four days of testimony—something the hearing officer said she’d never seen before. Under Kentucky law, new health care facilities must prove that there is an unmet need for their services to secure a certificate from the state that allows them to move forward.

The hearing officer agreed with the hospitals that there was no need for a birth center and denied the Certificate of Need—effectively stopping the process.  Ms. Akers appealed that denial, and I am happy to say that Franklin County Circuit Court Judge J. Phillip Shepherd got it right with his decision to reverse it.

You can download a PDF of the decision here, or read on for my take on what was most interesting out of it, with some juicy language from Judge Shepherd.

It’s important to remember that in appeals, like this one, the court is not weighing whether or not the “best” decision was made, but whether the law was followed in doing so.  The circuit court’s job here wasn’t to agree or disagree with the decision that was made, but to determine whether the decision was reached properly.

Did the hospitals have the right to block the birth center in the first place?

Part of the discussion is whether the local hospitals are “affected parties,” as they claim to be, because only “affected parties” have standing to challenge an applicant for the Certificate of Need.  The gist of the hospitals’ argument is that they already provide “similar” prenatal, labor and delivery, and postpartum services—albeit through what was termed “different methods.”

Shepherd 1

No, they did not have the right, said the court.  They aren’t ‘affected parties’ because they aren’t birth centers, plain and simple.  None of the hospitals are operating under a CON and licensure for alternative birth centers.  They are a different animal, with different—and overlapping—services.

“The law in Kentucky has long been established that a party operating a business under a license from the state has ‘no right to be free from competition,’” ​the decision said.​ The Certificate of Need process, for medical providers, is one exception to that rule.  But it’s a process that’s meant to apply providers of the same services​, in the same category​.

“Here, the question is whether health care providers who do not operate an ‘alternative birthing center’ have standing to protest an applicant for approval to operate such a facility.  While the ​[hospitals] provide prenatal and birthing care, this Court holds that traditional health care providers, by definition, are separate and distinct from ‘alternative birthing centers.’ The long line of cases that holds that state licensees have no right to be free from competition applies here.  The CON statute… allows competitors to protest only when they are ‘affected parties.’”  And then he says: “These protestors do [not] operate, nor even propose to operate, another ‘alternative birthing center.’  Rather, they simply argue that all women would be better served by limiting themselves to the options currently provided.”

And here’s where it really starts getting good.

Are hospital birth ​services ​and birth center birth ​services ​the same thing?

​Nope, said Judge Shepherd.  ​“The Court is persuaded by the argument advanced by the Petitioner, specifically, that a hospital-based birth experience is not enough like an alternative birth experience to be considered similar.  While there may be some overlap in the services provided, the varying methods and settings have significant differences and it is a stretch to claim that traditional hospitals providing only hospital-based birthing environments offer services similar to an [alternative birth center].”  (He gets it; he really gets it!)

He goes on to say: “The presence of a mid-wife does not transform a hospital into an alternative birth center.  While the hospitals claim to offer similar services, the fact is that an attempt to honor the birth plans of pregnant women and allow for low-intervention births cannot truly be equated with the services provided by an alternative birth center.  At an alternative birth center the mother is provided with an alternative birth experience that is very different from the services and care and setting a hospital can provide—even one attempting to honor the birth plan of the mother….. Furthermore, unlike the hospitals, an alternative birthing center does not provide traditional delivery services and grant a low intervention birth plan exception for some of the women at their request.  An Alternative Birth Center can only provide alternative birthing services for women with uncomplicated pregnancies.”

Shepherd 2

The circuit court said that opposition’s argument “essentially boils down to the conclusion that all women would be better served by having their babies in traditional birthing facilities operated by hospitals or other licensed providers.  Under the Cabinet’s final ruling, a woman who wants the services of an alternative birth center (as defined in Kentucky administrative regulations) is simply out of luck.  She can go to another state.”

Kentucky women don’t want to go to another state. ​And we shouldn’t have to when we can have high-quality, low-cost, respectful maternity care right here.  All it will take is a little birth-monopoly-busting.

Susan Jenkins is a lawyer who has represented birth centers, including the American Association of Birth Centers, for many years.  She called this a “David vs. Goliath victory against powerful hospital interests, based on a careful and well-reasoned analysis of Kentucky’s Certificate of Need law from both a legal and a policy perspective.” And: “In finding that hospitals do not meet the state legal standards to qualify as ‘affected parties,’ the court captured the essence of the differences between the ‘hospital-medical model of care’ versus the ‘birth center-midwife model of care.’”

This is a great victory, not only for birth centers but, more important, for the women and families of Kentucky, who will no longer be barred from access to birth centers by the anti-competitive activities of hospitals.  If this decision is appealed, consumers must unite to make their voices heard in the legislature and the governor’s office, as well as in the courts.  Let’s make sure this victory sticks!

If you’d like to get involved–​and you should!–​join up with ​the birth center​​’s Facebook page here.

Feb. 27 update: Comment from Mary Carol Akers

“I thank God, and I believe my 25 years as an active duty Army nurse informs my willingness to do the right thing even when it is the difficult or “hard right” thing to do.  I assert strategic planning, tenacious yet flexible application of the plan, and continual communication of the goals of the campaign are essential to create change.  The advocacy for the rights and autonomy of women, the belief in the physiology of normal birth and in the principle of freedom and justice in the United States of America (which I served for a quarter of a century) are the hallmarks of the ethos that draws me to this cause.

“I have always prayed to God to let me be His hands in the world.  It is not my doing, but His work through me…  My years of service to Him and to our country gave me the experience I needed to get this far.  We are not finished.  There is much to do still, but we are making headway at last!”

Cristen Pascucci (About the Author, Consult with the Author, Resources from the Author)
BirthMonopoly.com

Cristen Pascucci (About the Author, Consult with the Author) BirthMonopoly.com – See more at: http://birthmonopoly.com/midwives/#sthash.o93abxnB.dpuf

Download a printable PDF of this article here at Gumroad.  You can also use PayPal here (to pay $2) or here (to pay $10).


 

“You’re Not Allowed to Not Allow Me” is one of the essays in Take Back Your Birth, a 30-page eBook by Cristen Pascucci written to inspire and inform moms. It can be given as a gift to to-be mothers and is also appropriate for professionals to use with their clients.Click here to get yours!

Take Back Your Birth is balanced, informative (evidence-based), simple and to-the-point, as well as encouraging and inspiring…all the while carrying a lighthearted and compassionate tone.” – Rachael Hutchins, Doula Rachael Birth Services, Woodstock, Georgia

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Iowa Birth Monopoly: Hospitals Block Birth Center

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A midwife from Iowa sent me a note after I published “Kentucky Birth Monopoly: Begging for Birth Centers,” in which I shared the laudable decision of a circuit court judge to reject three Kentucky hospitals’ argument that a birth center was unnecessary–and his determination that the hospitals don’t have standing to bar their competition from entering the market.

She wrote to share that they’d gone through a very similar process in Iowa, but the outcome for them wasn’t as good.

In both states, there is a Certificate of Need (CON) process that creates a state exemption from competition for healthcare facilities.  New facilities must obtain a CON from the state in order to move forward, and existing market players are allowed to weigh in on whether or not new facilities are needed and deserve a certificate.  It gives the folks already in business the power to effectively block expansion of the marketplace–or, put another way, to maintain a monopoly.

It’s an outdated concept in a time when we understand that competition can be very good for healthcare.  It’s especially outdated in maternity care, where a chokehold on the market by hospital-based facilities means that the majority of the population has access to only one type of care: a high-intervention, institutional model that is inappropriate for and even harmful to the majority of healthy women.  Putting hospitals and birth centers together in the same category in this process reflects a fundamental misunderstanding of the very different model of care and services delivered by birth centers and hospitals.

Here is the message from the midwife:

I have to share with you why this story tugged at my heart…. I am a nurse midwife who has been in practice for 28 years…(much like Ms. Akers [the midwife fighting to open a Kentucky birth center]). In the state of Iowa, one must also go through a CON process to establish a free standing birth center. Iowa currently has ONE free standing birth center, located in Des Moines, Iowa.

I work at a Federally Qualified Health Center [a community-based clinic that provides health care, dental care, mental health care, and substance abuse care to people, regardless of their ability to pay], where we enroll approximately 140 women each year into prenatal care. The local hospitals have denied any privileges for Certified Nurse Midwives (CNMs) to care for our maternity patients, so we end up having to transfer the care of our moms over to family practice doctors in the third trimester.  Our moms want midwife care, and certainly want to stay with the CNMs they know all through the pregnancy and birth.

We presented our application to establish a free standing birth center, functioning out of the same building as our health center. We met all of the criteria that was asked of in the application. We knew we would have opposition from the 3 hospitals in our county, and boy, did we. The hospitals paid for lawyers, and got every business in town to write opposing letters; hospital employees, and even the state legislators were asked to write opposing letters.

We had good support, but as you might guess, our letters were from the hundreds of families who dearly wanted to have this option available to them. We also had good letters from the Iowa section of the American College of Obstetricians and Gynecologists, nursing schools, and other family oriented businesses.

On the day of our hearing, which took place April 14, 2014,  we took a bus with over 40 support people, in addition to our presenters. Our presenters included one CNM, our attorney we hired (as an expert in CON cases), the director for our health center, a representative from the Iowa Primary Care Association (IPCA), and a  nurse midwife/expert who is a past president of the American Association of Birth Centers.

Click the image to share on Facebook!

Click the image to share on Facebook!

The opposition was the three hospital CEOs, their lawyer, a surgeon, a family practice doctor, a nurse who works in quality care for one of the hospitals, and the Chief Financial Officer for one of the hospitals. It was an unfortunate day for us, as the hearing was biased and unfair.  We did not get to present all of our material; we were cut off, and it was clear that someone had talked to the chair person of the CON panel of five… He was clear in his bias and even hostile.  At one point, he attempted to cut off one of our presenters (the gentleman from the IPCA), asking if he was going to hear “more pablum” from him [From Cristen: I had to look this up.  It’s the name of an infant food, and also used to characterize “overly bland,” “worthless or oversimplified ideas.”].  Meanwhile, the opposing panel with their seven presenters went on and on and on, and were not cut off or asked to stop. We did not get a fair chance at rebuttal (with the chairperson curtailing discussion, to call for a vote)…

So, in the end we were denied our certificate by a vote of 4-1. The main reasons for the denial were 1) The three hospitals already provided birth services: the panel did not understand the fact that this was a midwife model of care and NOT the same as what the hospitals offered;  2) The family doctors in the area would have difficulty recruiting new partners if there was a birth center running (because the doctors’ needs are more important than families’?); and 3) It is not safe……They made this determination without even looking at the research, including the most recent large birth center study showing impeccable outcomes–better than hospitals’, in many cases.  [This first point was roundly rejected by Kentucky’s Judge J. Phillip Shepherd in his February 2015 decision linked to here: “The Court is persuaded by the argument advanced by the Petitioner, specifically, that a hospital-based birth experience is not enough like an alternative birth experience to be considered similar.  While there may be some overlap in the services provided, the varying methods and settings have significant differences and it is a stretch to claim that traditional hospitals providing only hospital-based birthing environments offer services similar to an [alternative birth center].”]

It was devastating…probably one of the worst days of my life. We appealed the decision, according to laws in the state of Iowa. I am sad to say that the judge presiding over our appeal case sided with the first panel, saying that they had been given the discretion to make their decision. So, no birth center for Northwest Iowa.

When I read the Kentucky case, I was drawn to how closely it mirrored our case. I wish this had come out about five months earlier, so it could have been referenced to in our appeal…  And oh, how I wish we could have had a judge WHO GETS IT!!  The option we have now is to start all over again, and re-apply. We are not going in that direction at the moment, since it was very expensive, and we feel that we would not advance in our quest with the same people who are serving on the CON panel. What we needed was a judge like Mr. Shepherd to overturn the decision and grant us the CON.

You see why this breaking news has such relevance for me, personally, and for Northwest Iowa.

I so appreciate the work you are doing, Cristen, with Birth Monopoly…and the workings of Improving Birth, Evidence Based Birth, and all of the other organizations that are out there working hard to make a difference! I feel like we are all getting a foot in the door, or maybe a toe in the door…We need to keep working on this.  All of us.

Thank you for taking the time to read my story. I will continue to work towards better births and better informed consumers of health care.  Hoping that you will be making visits to an area closer to me in the near future.

Belinda Lassen, CNM
Sioux Center, Iowa

A couple of suggestions the folks in Iowa (or anywhere else) might try, from an experienced lawyer–the former general counsel for the American Association of Birth Centers (AABC):

1.  Go get the law changed.  As an example, from the former AABC lawyer: “When my client first decided to open a birth center, the state agency that licensed birth centers required a medical director and other impossible-to-meet criteria for licensing (in addition to the Certificate of Need hurdle).  The agency didn’t care what the law said and told us that, even if we amended the law, they wouldn’t back down on these requirements.  So, we got some friendly legislators to pass a law to repeal the birth center licensing law, and allow birth centers to operate without a license.  We even got AABC to support that move, because the licensing law was so strict and the agency refused to change even if we got a more liberal law.  We won.  We got a lot of Republicans to join with us on getting rid of overly-restrictive state regulation and the law was repealed.  Organize all her supporters, the midwives, lots of other groups, and work for repeal.  The FTC will almost certainly file comments in support of her position and it will open up on important dialogue.”

2.  Threaten the hospitals with an antitrust lawsuit.  Threaten to file a complaint with the Federal Trade Commission (FTC).  The hospitals might claim, in their defense, that they were participating in a government agency process, but, per my lawyer friend, the FTC is looking to narrow this defense.  In fact, it was this defense that allowed the hospitals to do such an anticompetitive thing and think they could get away with it. Here is a link to the FTC’s thoughts, as of 2006, on limiting the defense, called the Noerr-Pennington defense, after two Supreme Court cases that first articulated it.  And here is the FTC study on what is wrong with CON laws.

If you’d like to get involved in Iowa, contact the Iowa Birth Organization here.

UPDATE: I received the following message by email shortly after publishing this article:

“I just wanted to send you a private note instead of a public comment….  I had a C-section with my first baby and a VBAC with my second.  I believe I would not have had a C-section with my first if I had had a midwife.  I read your article about the monopoly.  The point made about the doctors’ livelihood is spot on.  I have a family member who is a doctor in Sioux Center, Iowa, and he has said if there is a birth center his practice at the hospital would be ruined.  We have had so many arguments about this and I feel this story.”

Cristen Pascucci (About the Author, Consult with the Author, Resources from the Author)
Founder, Birth Monopoly
Vice President, Improving Birth

Cristen Pascucci (About the Author, Consult with the Author) BirthMonopoly.com – See more at: http://birthmonopoly.com/midwives/#sthash.o93abxnB.dpuf

Every dollar you give supports my work on behalf of mothers and babies.  I offer most of these materials free for a limited time, with optional donations.  I ask those who are able to give to please do so, to allow me to continue to make free and low-cost resources accessible to everyone.

More about Cristen here.

- See more at: http://birthmonopoly.com/resources/#sthash.7n3imbz4.dpuf

 

Every dollar you give supports my work on behalf of mothers and babies.  I offer most of these materials free for a limited time, with optional donations.  I ask those who are able to give to please do so, to allow me to continue to make free and low-cost resources accessible to everyone.

More about Cristen here.

- See more at: http://birthmonopoly.com/resources/#sthash.7n3imbz4.dpuf

“You’re Not Allowed to Not Allow Me” is one of the essays in Take Back Your Birth, a 30-page eBook by Cristen Pascucci written to inspire and inform moms. It can be given as a gift to to-be mothers and is also appropriate for professionals to use with their clients.Click here to get yours!

Take Back Your Birth is balanced, informative (evidence-based), simple and to-the-point, as well as encouraging and inspiring…all the while carrying a lighthearted and compassionate tone.” – Rachael Hutchins, Doula Rachael Birth Services, Woodstock, Georgia

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Three Things Your Doula Can’t Tell You

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I love and adore doulas.  I think they are indispensable, and I wish every mother had access to an awesome doula.  Having a doula lowers your chances of a C-section by a whopping 28% (!) and support like what they provide was recently included in the 2014 guidelines published by the American College of Obstetricians and Gynecologists as “one of the most effective tools to improve labor and delivery outcomes.”  Doulas are, without question, a critical part of the birth team.

What some moms don’t realize, though, is that doulas can’t say every little thing that’s on their minds, and they have professional standards that may preclude them from talking to you like you are a best friend.

My own doula and I have had more than one conversation about why she didn’t warn me about my own provider—someone who I now know has a reputation for not following through on promises to patients.  “But I asked you!” I’ve said to her.  “Why didn’t you tell me?”

She has explained patiently, each time, that she gave me the information I needed to make my own decision.  What I wanted from her—to say, “Oh, Cristen, you need to switch providers right now!”—is not something she would ever say to a client.  Instead, she gave me specific questions to ask.  She encouraged me to talk to my provider about my wishes and pay attention to the conversation, to trust my instincts, and to be honest with myself about whether or not I thought my provider was really going to follow through with what she’d promised.

Class

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Sure enough, I ignored the red flags.  And sure enough, things came to a head with that provider.  Finally, I switched care at 41 weeks, 6 days pregnant.  (But that’s another story.)

Since then, I’ve talked to hundreds of consumers and doulas and have sat with them for hours in talks around the country, from Los Angeles to New York.  Every single group of birth professionals said the same thing about their clients—sometimes in tears of frustration: “They want us to protect them and we can’t!” and “My job is to support them, but it KILLS me that I can’t tell them what they’re up against.”

This isn’t to say no doula has ever said or done these things.  Some have and do.  And, in fact, the evolving role of the doula has become a hot topic in the doula community and a discussion I’m excited to see happen (in fact, one doula organization released a statement in response to this article–check it out here).  But, you should know that, traditionally, the role of the doula has been pretty strictly defined by professional organizations and most doulas stringently adhere to their code of ethics and scope of practice.

So, I’m going to tell you three things your doula can’t.

1. They won’t bash your provider.

I don’t think I’ve spoken to a single doula who hasn’t expressed enormous frustration at not being able to say to a client at one time or another about that client’s doctor or midwife, “Hon, run away as fast as you can!

In fact, it’s a frequent topic of discussion among doulas—what to say when you know a provider practices a certain way (say, has a 50% episiotomy rate) to a client who has been told otherwise by that provider (“I only do them when they’re medically necessary!”).  Doulas can certainly advise you to get that provider’s statistics, but their job is to facilitate you getting information and to support you in making your own decisions.  If you are convinced your provider is the right one for you, your doula is not going to try to convince you otherwise.  With this in mind, pay attention to what your doula is saying, and what she’s not saying.

The fact of the matter is, there are a good number of providers out there who market things they are not willing to deliver—and doulas usually know who they are.  The most common scenarios?  Natural birth (suddenly, at 38 weeks, you discover you are “required” to have continuous monitoring; during birth, you’re told you must be on your back, in bed), vaginal birth after Cesarean (there’s even a term for when a mom is told in late pregnancy her provider is no longer supportive of her plans: bait & switch), and saying they will attend your birth when, really, it will be whoever is on call.  We also take for granted that midwives will practice like midwives, when, in reality, sometimes they can take a more medicalized approach to birth or are pressured to practice a certain way because they are being supervised by obstetricians or monitored by hospital administration.

3 Things

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Why do doulas take this approach about your provider?  For one thing, doulas are truly committed to you making your own decisions.  They’re not supposed to tell you what to do!  It’s out of respect for you and your journey that your doula won’t take over your birth and your decisions.  Neither do they want to instill seeds of negativity or fear in a woman who has already chosen her provider and, who, ultimately, will stick with that person no matter what her doula tells her.  Doulas won’t intentionally create negativity or fear.  They want to be your safe place.

Another reason is that doulas have a fine line to walk between best serving their clients and maintaining good working relationships with local care providers.  This isn’t merely self-serving on their part, because their good relationships directly serve you, too. Imagine, for example, you’re a parent who tells everyone your child’s teacher is a bully, and she shouldn’t be teaching because she’s so incompetent… and the teacher finds out what you’ve said.  What happens when your next child gets ready to move up to that class?  How do you think that teacher is going to treat him?

More and more, though, I’m seeing doulas move toward a more proactive approach here.  They might say to you, “I’m sorry; I don’t work with that provider.”  That’s their gentle way of saying, “I can’t watch that person ruin your birth.”  Take heed.

2. They can’t protect you.

Doulas are not bodyguards, spokespeople, or substitute medical providers.  They won’t interfere with hospital staff, nor will they say, “Hey!  Stop right there!  That wasn’t on her birth plan!”  Sadly, I would guess there are very few doulas who have not seen a client receive a procedure that the client did not properly consent to, which makes this part of their role all the more difficult.

Your doula can and will say, “Dr. X has scissors in his hand.  Do you have a question for him?  Is there something you need to say right now?”  Your doula can’t and won’t step between you and the scissors.  (Sound like an extreme example?  The 2006 Listening to Mothers survey found that 3 out of 4 women who received episiotomies did not give consent for the procedure–see the full report here.)

This is a very difficult place for doulas to navigate in a system where some care providers regularly fail to obtain permission for routine procedures and practices.  But just because certain providers are willing to overstep their own bounds, it doesn’t give your doula permission to overstep hers.

3. They can’t make your decisions for you.

There’s actually an important concept here that is the backbone of the doula philosophy: You are the decision-maker in childbirth—not your doula, your husband, your doctor or midwife, or anyone else.  Those others are there for assistance, support, and expertise, not as your authority.  It’s as wrong for your doula as it is for anyone else to make decisions about your body or your birth.

Handout from 3 Things Every Parent Needs to Know About Hospital Birth (http://www.birthmonoopoly.com/3-things)

Click image for more (Handout from 3 Things Every Parent Needs to Know About Hospital Birth)

This concept often comes into play when a doula is seeing someone being told they need a procedure for a reason that is not evidence based–or for no real reason at all.  This goes for a slew of common practices that still happen every day in American hospitals.  Just one example: a leading cause of C-sections is so-called “Failure to Progress,” which has been estimated to be misdiagnosed as much as half the time.  As Evidence Based Birth succinctly puts it: “many women are being incorrectly diagnosed with failure to progress, when what they are experiencing is actually normal, and could be more aptly named ‘failure to wait.’”  As for inductions, we see things like “big baby” and “low fluid” and “going past the due date” all the time—all non-evidence-based reasons to have potentially risky inductions.  Similar reasons are used with regard to vaginal birth after Cesarean (VBAC) by anti-VBAC providers and institutions.

But your doula isn’t going to tell you what to do.  She can only guide you towards the information you need to make your own decisions—and if you are going to step back and let your care provider make your decisions, that’s a decision you’ve made, too.

What else do you need to know?

I cover more of the most common “unknowns” in my new online class 3 Things Every Parent Needs to Know About Hospital Birth!  In just 30 minutes, you’ll get must-know information about routine care in hospitals, birth plans, hospital policies, hospital consent forms, and your most basic rights.  Watch the short video and get more info here.  Doulas, this is a great tool for you to use with clients, too, to spark discussion about how you’ll work together to navigate routines and policies!

Don’t forget: Enrollment is open until July 31 only.

3 things

Is the doula’s role changing?

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In response to my article “Three Things Your Doula Can’t Tell You,” Doula Trainings International offered the statement at bottom.  I believe this is an important discussion to have, as I share this feeling of urgency in how women are supported (and not supported) while giving birth in a dysfunctional system.  It seems to me that the binary of the “wallflower” doula vs. the “rogue” doula mirrors stereotypes about women in general–that we are either doormats or troublemakers; that any woman who asks questions or sets healthy boundaries is out of line and “out of her place.”  Needless to say, I think that’s…well, hogwash.  It’s part of the reason our maternity care system is as dysfunctional as it is!

So, what do you think about the role of doulas and their “place” in our system?  Is it changing?  Does it need to change?  Please keep the discussion here respectful and productive.

Statement:

At Doula Trainings International, we are challenging these models and stereotypes, which for too long have perpetuated various forms of oppression within our field.

A safe and peaceful birth should not be considered “lucky.” It shouldn’t be seen as a privilege. A safe and healthy birth is a human right. With every passing year, as the medical model continues to ascend and dominate within the birth culture, it becomes ever clearer that doulas can no longer be passive and complacent. Given the current culture of birth, we are convinced that a failure to speak the truth, a failure to inform women and families in ways that challenge power, is to be complicit in the very system we seek to transform. And too many times, it harms the families we support.

DTI is re-imagining the role of doulas today and we have solutions. We are committed to breaking the silence. We are committed to helping our doulas overcome the fears that keep us silent – the fear of being seen as troublemakers, as bad girls, as nuisances, as invisible, as members at a birth who can “only do so much.” We must be willing to acknowledge how these identities impact our profession and as a result, the families we serve.

What we know, based on our collective experience in the field, is that to be a doula in 2015 is to accept one’s role as an activist, and as a change maker. We know that we have the ability to make change through our wisdom, through our strength. Through our love.

Aimee Brill
Tara Brooke
Gina Giordano
Owners, Doula Trainings International
www.doulatrainingsinternational.com

 

Missouri (City withheld) – L&D nurse

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[2005-2014] L&D nurse for 10 years. I’ve seen disrespect and abuse. I’ve repeatedly written up a doctor for physically assaulting patients. He was very aggressive at deliveries and wanted everyone to have an epidural so they wouldn’t feel what he was doing. He would “punish” women who didn’t get an epidural. Not to mention the patronizing that is committed by doctors AND nurses regularly. Informed consent is a joke and patients need to educate themselves bc the staff will not be transparent about options if the physician is pushing for an intervention.

[This doc] retired last year. The remaining OB sends everyone for induction at 39 weeks regardless of cervical status. Our c-section rate is through the roof. 65% of [first-time mother] inductions end up sectioned.

They tell them to come in for induction and have their baby, but not that it could be a 24-hour process. Not that if the cytotec and pitocin don’t do the job fast enough, you’ll have a c-section.. And so many of our patients are young and scared of labor that when the cesarean news is given to them, they aren’t upset because no one tells them the long term risks of surgical delivery.

And we don’t do VBAC [vaginal birth after Cesarean]. I’ve had patients come in at 9 cm and have to be taken to OR in tears because they thought if they stayed home long enough they wouldn’t have to repeat.

Nebraska (Omaha) – Doula

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[2014] I’m a birth doula in Omaha. Last summer, I witnessed an abusive birth. Mom was being induced and was laboring very nicely. She was sitting on the edge of the bed in her room, working through a contraction when her OB walked in. He said something about wanting to check her cervix and told her to lie down. She refused, saying she would when the contraction was over. He then forcefully shoved her down onto the bed and inserted his fingers into her vagina yelling at her that he needed to do the check during a contraction. Later in the same labor, this same OB performed another cervical check and declared “she’s a four.” Then he strained a bit, mom shrieked and he pulled his fingers out of her vagina, and said “now she’s seven.” And yet again…as mom was doing a very nice job of pushing her baby out despite being made to lay on her back, this same OB decided she was holding her legs and drawing her knees back quite the way he wanted her to and although mom had only been pushing for a couple minutes and baby was starting to crown, the OB forcibly shoved mom’s knees back to her shoulders very hard, putting all his weight behind it and screaming through gritted teeth “do it like this! Now push!” As the baby’s head completely emerged. The nurses not only seemed to be OK with all of this, but were laughing and joking with the OB between the instances of assault. I was in absolutely shock at what I had witnessed.

West Virginia (Wheeling) – Registered Nurse & Mother

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[2014] I am an RN.  I was laughed at by the OB dr [while giving birth in 2014]. She prolapsed my cord, screamed at my doula, and immediately after surgery laughed and said “I ruined your birth but at least you have a pretty incision” as i cried over the fact that i hadn’t even seen my baby that she had said could die since the staff wasn’t moving fast enough. She also told me that “if your water broke at home your cord would have been to your ankles and your baby would have died” even though my cord only prolapsed after she attempted an amnioinfusion and not when my water broke. She allowed me to be wheeled down an open hallway, without placing me in knee chest position, in semifowlers or slightly lower position with a nurses hand shoved forcefully in my vagina and no cover on me making me exposed to the entire ward, including stangers. She also came in the next day and refused to continue toradol because i wouldn’t take the narcotics she offered, laid my bed flat as I was trying to nurse my baby despite me telling her I was breastfeeding and needed time, and pushed on my incision line. She then commented how “I just ruin everything for you, don’t I”. So yes, this violence and disrespect does happen.


Connecticut (City withheld) – Doula & Student Midwife

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[2013-2015]  I am a student midwife and doula. The abuse in the hospital is so accepted because of the pervasive power dynamics that too often go unchallenged. Every time there is an intervention without true informed consent, providers are abusing their power and women. I have watched a woman beg for the pit to be turned down due to uterine hyperstimulation, only to be denied and ignored. I have seen doctors command women to push on their backs against their wishes and against the evidence. I’ve seen a male doctor tell a third time mama that she didn’t know how to push her baby out. I’ve seen babies separated from their mamas immediately at birth for no reason and lose precious moments that would be otherwise protective for mothers and babies. Babies should undergo normal newborn transition while ON their mothers. I’ve seen non-emergent homebirth transports (maternal exhaustion) threatened with cesarians immediately upon entering as punishment for their birth plans. I see over and over women being blatantly told that their bodies don’t work and need saving. It is maddening and it needs to stop and we women must demand that it stops.

Alabama (City withheld) – Doula

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I am a birth doula in Alabama, and I had a client who didn’t want cervical checks, who told the nurses and doctor she would request one if she felt she’d like that information but otherwise she would be refusing them.  She had had 3 days of prodromal labor and couldn’t sleep. Finally she dropped off to sleep and was peacefully resting.  The OB came in and started messing around with papers and whatnot, looking at her strip (she had initially refused monitoring too, but finally they bullied her into that) and next thing I knew, he had quickly grabbed her knee and shoved his hand into her vagina while she slept. In any other situation, if someone inserts their hand into your vagina when you have explicitly said you don’t want them to, it’s rape.  Women need to be asking themselves, why do I allow my body to be violated just because I’m giving birth?  Why do I believe the lie that having my rights stripped away is the same as giving a gift of safety to my baby?

Protected: Disrespect & Abuse in Maternity Care: Nurses Speak Out

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Why Are We Asking Doctors if Women Should Have Midwives?

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Shouldn’t women decide if women have midwives?

Two weeks ago, I was bumped from a national radio show (I still love you, Diane Rehm!) as a consumer advocate for a final panel that was made up of the president of the national organization for obstetricians, another obstetrician, a nurse midwife, and a reporter.  (The show was postponed when another news story took precedence.)  The choice of topic, midwifery, was precipitated by the new U.K. guidelines urging that healthy, low-risk women consider midwife-led, out-of-hospital options for birth as a safer alternative to hospital birth (see New York Times article here).(1)

Right before the producer was about to hang up in my first conversation with her, she mentioned they had some doctors to talk to before they’d know if I would fit on the panel.  I thought, “Oh, here we go,” and asked, “Can I just say one more thing?”

I then said something along the lines of: “I know you have to talk to the doctors, because they’re the ‘experts,’ right?  But this is the changing conversation in maternity care.  Women are smart enough to make these decisions.  Women have the right to make these decisions.  Women want midwives.”

This isn’t the first time. The press, and many others, have long deferred to doctors about whether midwifery is a legitimate option for women. Just this month, a piece by the New York Times editorial board praised midwifery, but still referred to medical centers as “allowing” and “letting” midwives to have more room to work.(2) (See “The Way We Talk About Midwifery Care Matters” for some great comments on this language.)

It seems like a no-brainer to me that when we are talking about midwifery care, the conversation should be with women and midwives.  But one thing I’m sure that the general public and the media don’t understand, when they are constantly deferring(3) to doctors on this issue, is that doctors are the main reason women don’t have midwives.

What Exactly is Midwifery?

It may be hard for those of us born and raised in the U.S. to wrap our heads around the fact that midwife-led care is the global Gold Standard for mother/baby health.(4) For just a moment, though, suspend what you think you know, and consider that the U.S. has a uniquely dysfunctional system of maternity care, along with some famously poor outcomes for mothers and babies.(5) It’s helpful, then, to look outside our own system to see how things can be done better.

This summer, The Lancet, an internationally respected medical journal, published a series on midwifery that urged a “system-level shift” from a “fragmented” pathology-based (medical) model to a team-based, multidisciplinary model, with midwives as “pivotal” to this approach.(6)

Midwifery is a model of care that predates and overlaps with medicine. It is, however, its own specialty: the specialty of supporting women in using their own bodies, brains, and strength to give birth. In midwifery care, birth depends less on interventions because it depends more on the capabilities of women. Midwives have “clients,” not “patients,” and a deep regard for women as the authorities on themselves and as the hearts of their families. Care is personalized, with face-to-face prenatal appointments often lasting 45 minutes or an hour each, and including information about nutrition and preparation for breastfeeding and the postpartum period. Of course, I am speaking generally here; there will be variations within the group. (Read this great article, “Comparing the Medical Model vs. Holistic Model…” for more.)

Midwives are trained to handle emergencies, focusing more on lower risk manual skills than technological ones, but some women and babies will need treatment–like surgery–that midwives don’t provide directly, but refer out to the appropriate specialist.  This is where obstetrics comes in to complement and overlap.

Both professions are absolutely necessary, and the best scenario for families is one where midwives and obstetricians collaborate seamlessly, as a team. Women and babies benefit from top-notch prenatal care and the best chance of a healthy, uncomplicated birth, with the safety net of a specialized surgeon for the rare but real complications that may arise.

Bizarrely, however, the U.S. utilizes only these high-risk specialists (obstetricians) for almost everyone, even the huge number of women who would most benefit from the services of midwives. That number includes healthy women, but we have also seen that midwifery can help to mitigate risk in groups where the only difference between a small, sick, premature baby and a full-term, healthy one is an informed, supported mother.  (Read about how one Florida Licensed Midwife is slashing preterm birth and Cesarean section rates in an at-risk community here; a Washington, D.C., birth center for low-income women does the same here.)

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To us in the U.S., the concept of autonomy for midwives or autonomy for women in childbirth is–largely–a foreign one. It is almost hard to imagine that a woman might independently choose to hire a midwife who works for herself or her own practice, and that the two of them together might decide when or if to bring in an obstetrician at any point. If that idea makes you uncomfortable, sit with it for a minute and think about why.  What, or who, don’t you trust in that scenario?

A Conflict of Interest

In the early 1900s, the burgeoning American medical lobby was nearly successful in stomping out what they saw as their competition, including what the Journal of the American Medical Association and others called “the midwife problem,” through calculated smear campaigns.  (Incidentally, in the same 1912 article I link to about “the midwife problem,” Dr. J. Whitridge Williams, an obstetrics professor at Johns Hopkins University, says that in a survey of obstetrics professors around the country, “a large proportion admit that the average practitioner, through his lack of preparation for the practice of obstetrics, may do his patients as much harm as the much-maligned midwife.”) Employing racist, sexist themes, this group portrayed midwives as unskilled, ignorant, and dirty. Up against the strategic efforts of moneyed white men to co-opt childbirth into an institutional model, midwives—disenfranchised, unrepresented, and powerless—didn’t have a chance. By the middle of the century, American birth had shifted from home to hospital, under the authority of doctors and leaving midwives (and poor, rural, and Black women) behind. (The crushing of the venerable Granny Midwife in the South deserves its own article.)

New England Journal of Medicine

New England Journal of Medicine

The story of this shift is surprising and fascinating, and I encourage anyone who is interested to explore it: how an enterprising medical profession convinced women to give birth in institutions to be subjected to nonconsented medical experimentation and this: “at every level of predicted risk [for birth] measured, high and moderate as well as low, perinatal mortality was highest by far for births in hospitals and lowest for births at home.”(7)

Since then, midwifery has had to scrape and crawl its way back up to the present hodgepodge of different types of midwives, with various credentials and training, and a mishmash of state laws and rules that range from “Sure! Go get yourself a midwife!” to “If we catch you with a midwife, she’s going to jail.”  Likewise, there’s a wide range of attitudes in the medical community about midwives, from beautiful medical-to-midwife collaboration, to punitive treatment of both midwives and their clients, as well as any physicians who dare to assist them.  This article does not focus on the few places where collaboration is the rule of the day, but on the many places where it is not.

Things are better than they were, but nowhere near where they should be.  Today, the American College of Obstetricians and Gynecologists (ACOG) refuses to recognize the midwives who attend around 80% of birth outside of hospitals(8) (“ACOG does not support programs that advocate for, or individuals who provide, home births.”)(9).  They have only recently acknowledged “accredited birth centers” as acceptable locations, as their long-time policy has been that all birth should be hospital-based (a 2008 policy statement actually blustered, “Choosing to deliver a baby at home… is to put the process of birth over the goal of having a healthy baby”)(10). Thus, they do not embrace the position of their maternal health colleagues who believe all birth should be where women decide to give birth.  There is truth to ACOG’s assertion that the training and education for a very small number of these midwives is not standardized, but, really, those midwives and their clients aren’t looking to obstetricians for approval. And pushing those midwives underground certainly does not result in better training or safer births.

One credential—that of Certified Nurse Midwife (CNM)—has found more acceptance in the medical community, but nurse-midwifery no longer resembles its origins of women on horseback delivering excellent care to the homes of other women in rural Kentucky.  Now, 95% of nurse midwives work in hospitals,(11) most under—you guessed it—the supervision of doctors.  Women aren’t just working with the midwife they’ve hired; they’re working with what the midwife’s backing physician, other physicians, and the institution will “allow.”

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It’s actually harder than you’d think to find places where a woman is free to independently hire and work with a midwife without the imposition of third-party supervision.  Here’s one of many true stories about how this looks in real life, for one Certified Nurse Midwife: Midwife respects her clients’ right to give birth in whatever position they like, and knows that restricting women’s movement and positioning in labor and pushing can impede labor and injure women and babies.  Random obstetrician from a different practice hears that midwife’s client gave birth on her hands and knees on a blanket on the floor.  He complains to the hospital, triggering new policy.  Now, Midwife’s clients must give birth in bed, like everyone else.

So, what does it matter that a woman has hired a midwife, when a random obstetrician she’s never even met can take her choice about how to give birth right out of her hands?  This clues us in to why women are hiring midwives in the first place: we don’t always like to be told “how to give birth.”

No Way Out

Lithotomy-Then-300x275

Lithotomy position from 1944 obstetric textbook. How much has changed, or not changed, in 70 years of better evidence and acknowledgement of human dignity?

Yes, most women are still being told how to give birth.  They are subject to practices that have been proven harmful for decades: denying them food and drink in labor (60%), restricting them to bed (76%) on their backs (92%), and tying them to continuous electronic fetal monitoring (94%) that is so faulty, the U.S. Preventive Services Task Force issued a recommendation against it, as just a few examples (see State of Maternity Care Table)(12).  In some facilities, policies of physical force are used when women don’t comply with provider preferences (see “Inappropriate Use of Restraints” for an all-too-typical example of the kinds of things I hear on a regular basis from consumers).  Women are still having Cesareans in epidemic numbers, for things that evidence-based guidelines don’t support or that better care might have avoided (see ACOG Safe Prevention of the Primary Cesarean Delivery).

What happens to women who choose out-of-hospital care?  It can be difficult for them to find doctors who will provide prenatal consultation, for one.  Some women will forfeit their wish to give birth at home for fear of reprisals should they end up needing to transfer to a hospital in labor.  I have spoken with women from all over the country who say they have been bullied, refused care, and treated with violence as home-to-hospital transfers.  Louisiana mother Andrea Davis uses words like “violated,” “raped,” and “shame” to describe her experience (witnessed by her midwife, doula, husband, and seventeen-year-old daughter) after she transferred in to St. Tammany Hospital (which features a 45.1% Cesarean rate!) simply because she was exhausted after 24 hours of labor.  Her story is not uncommon, and it’s not hard to understand why neither women nor their midwives would want to transfer into this kind of setting.  It’s not hard to understand, either, why a woman wouldn’t choose that kind of environment for her birth in the first place.

Family doctors and obstetricians who support midwives and their clients may also face ostracism from their peers and their profession. Several who have contacted Improving Birth are worried they will lose their hospital privileges—and their practices—if they continue to collaborate with out-of-hospital midwives.  It’s sad, because these collaborative relationships are exactly what make out-of-hospital birth safer.

Sociologist and professor of obstetrics and gynecology Raymond DeVries observes that other sociologists have “noted that licensing laws… have given professionals and their associations a restrictive monopoly over practice,” evolving from merely preventing an unlicensed person from using a certain title to making it “a criminal offense for the unlicensed to take any action specifically reserved for licensed professionals.”(13)  He further notes the cozy relationship between the professional associations and the public agencies meant to act as regulatory and disciplinary bodies, quoting Ronald Akers’ study of the same: “It appears that their activities, personnel, and even finances overlap to such an extent that it is not entirely correct to say that the association ‘influences’ the board’s administration of public policy. . . . The cooperation between the two sometimes reaches the point of near identity.”(14)  In other words, when medicine decided to “professionalize” childbirth, it simply staked out the boundaries and set up shop with the blessing of the state.  The multibillion-dollar industry we have today has its roots in this self-defined, self-regulated system.

Indeed, when women have nowhere else to go, they are giving birth within the limits of what looks a lot like a monopoly: a profession answerable primarily to its own members, that sets its own standards for practice in an extraordinarily lucrative market, with no obligation to adhere to guidelines established by objective scientific organizations.  Take a look at some of the differences between statements by the U.K. Royal College of Obstetricians and Gynaecologists on the one hand, and the U.S. ACOG on the other:

Click image to download full-size PDF from https://gum.co/midwives

Click image for full-size, printable PDF from https://gum.co/midwives

 

Women vs. The Medical Lobby

The families are always caught in the middle: hurt by–and fed up with–a national maternity care system that Amnesty International calls a “crisis.”(15)  Their frustration fuels grassroots efforts all over the country to reform, improve, and expand maternity care.  But these consumer-fueled efforts routinely meet with opposition and resistance.  You may be surprised to learn that this constant tug-of-war over the options available to women is between families and the medical lobby. Even as consumers beg for something different, the message they seem to keep getting is, “No–we know what’s best for you, and we’re it.”

Dozens of local and state consumer groups, as well as several national groups, are currently campaigning for more access to midwifery care. Certified Professional Midwives (CPMs) are legally allowed to practice in only 28 states; consumers in fourteen other states are actively working towards state licensure for CPMs, a formidable battle for what are often young, cash-strapped families.  Their chief opposition?  Doctors. The medical lobby.  No other group is out there organized against access to midwifery, and it’s a powerful, well-funded group. In Alabama and Massachusetts, for example, the only opposition to proposed bills by consumer organizations (the Alabama Birth Coalition and Massachusetts Friends of Midwives) is the state medical society and state ACOG representation.

Ethicist and obstetrician/gynecologist Paul Burcher acknowledged this influence recently, as he urged his fellow doctors to reconsider their opposition: “Since obstetricians as a political lobby are largely responsible for these punitive laws [that make midwifery difficult to practice, or even illegal, in a home birth setting], we should work to have them overturned if we seek to renew the trust of our midwife colleagues” (emphasis added).(16)

Policing the Competition

Dr. Burcher is right.  Even where midwifery is “legal” and licensed, it is frequently shaped by the political forces behind organized medicine.  In other words, one profession is empowered by the state to police its competition.  Its advice and permission are sought when the rules are made, and its presence—often a majority presence—is a given on the ruling bodies.

In Arizona, obstetricians are the reason a healthy woman MUST CONSENT to routine vaginal exams if she chooses an out-of-hospital midwife, because that’s one of the things the state ACOG representative pushed for in the rules.  Now, if a woman does not consent in pregnancy and labor to routine vaginal exams—which are obsolete and even risky according to many practitioners, and painful and disruptive during labor—her midwife is legally obligated to drop the woman’s care and send her to an obstetrician for a hospital delivery. (The rules from the state of Arizona are here, but a more entertaining and pointed accounting from an actual midwife is here.)

I don’t know about you, but the idea that a vaginal exam is mandated by rule of the state is abhorrent to me.  Put yourselves in those women’s shoes—er, stirrups.  Can you imagine having to lie back and take a penetrating exam like that—just to retain the right to give birth outside of the hospital?

In Louisiana, the state with a 40% Cesarean rate,(17) if you’ve ever had a Cesarean birth, you actually have to get written approval from an obstetrician and apply on an individual basis to the state medical board (the medical board… of doctors) for permission to give birth at home with a midwife.  You might argue that a woman who has had a Cesarean doesn’t fit a “low risk” profile qualifying her for an out-of-hospital birth, but here’s the dilemma for that same woman: also in Louisiana, if you’ve ever had a Cesarean, outdated policies and attitudes at most hospitals mean you’re not allowed to give birth vaginally there (in Ms. Davis’ parish, for example, the rate for vaginal birth after Cesarean is a depressing 1.5%).(18)  The only way you are “allowed” to give birth is by surgery.  By boxing women into hospital birth at facilities with mandatory surgery policies, the state medical board is essentially compelling Cesarean surgery for large groups of Louisiana women.

Consumer advocate and VBAC Facts founder Jennifer Kamel, who promotes access to accurate information about options for birth after a Cesarean, said: “I attended a California medical board meeting to speak as a consumer about restrictions on access to vaginal birth after Cesarean levied on women, whether they choose hospital or home. It is unbelievable to me that midwives have all of these regulations saying who they can/cannot see and when they need to refer out to a physician. However, when I asked the senior staff counsel for the medical board after the meeting if obstetricians had similar regulations that could say, mandate them to counsel women in a specific way about vaginal birth after Cesarean, or prohibit them/have repercussions for forced Cesareans, she informed me ‘no.’ [Over 40% of U.S. hospitals have mandatory surgery policies.] Fundamentally, this does come down to trust. The medical board does not trust midwives as a profession to make the right choice. And yet obstetricians have zero regulations comparable to midwifery regulations. They are trusted to determine when something is outside of their scope of practice and they need to refer her to another specialist. Midwives are not trusted.” (Ms. Kamel’s full statement to the board is here.)

These are the kinds of rules we get when a group is authorized by the state and the market to act in its own self interest to decide the “how, where, and with whom” about childbirth.  What’s missing?  The decisions of the women giving birth.

The Water Birth Debacle

Earlier this year, American medical organizations representing obstetricians (ACOG) and pediatricians (AAP) released a statement calling the safety of water birth into question, and advising that it should only take place as “an experimental procedure.”(19)  It was an odd choice of subject, since water birth is almost exclusively a midwifery practice, especially when one statement author further explained that the statement was partially a response to what they believed was a proliferation of water births at home.(20)

The statement was full of scientific errors and misrepresentations, and excluded high-quality studies on tens of thousands of births.  It warned women that there were no maternal benefits to water birth—which was incredible to many women who had actually had water births and experienced its benefits firsthand (Improving Birth asked women, and got over 130 responses on its Facebook page by the next day, here).  The idea of no maternal benefits was also incredible to anyone who looked at the full body of research on water birth, which shows significant reduction in and even elimination of the use of episiotomy.(21)

Hospitals quickly shut down water birth programs even as consumers and midwives flooded ACOG and AAP with requests to take a scientific look at all of the evidence (read a letter from consumers here). From their noncommittal response, it does not appear that ACOG and AAP ever did so.  The voices of women had no place in this discussion even as their births were the center of the debate.  (In an interesting twist, the whole incident seemed to create a new crop of home birth families, because some women planning hospital water births moved those plans into their own homes.)

Evidence Based Birth’s Rebecca Dekker, PhD, RN, APRN, conducted a thorough review of the evidence (here).  She commented: “I’m puzzled as to why keeping women’s perineums intact and uncut is not perceived as a benefit by anyone other than the women themselves. … Who should be weighing the potential harms and the potential benefits of waterbirth, and making an informed decision about their options? Should it be the mother? Or should it be the obstetrician?”(22)

On the other side of the ocean, the U.K.’s Royal College of Midwives (RCM) called the U.S. statement “disappointingly biased, and partially incorrect,” and asserted that women should not be denied an option for which no harms had been shown, especially considering that “Maternal choice in childbirth is a human right.”(23)

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Current U.K. guidelines from the RCM and the Royal College of Obstetricians and Gynaecologists state that because more research should be done on water birth, best practices are achieved by “ensuring that women are involved in planning their own care” and conclude that all healthy, low-risk women should have the option of water birth available to them.(24)

These disparate statements reflect the difference between a system that treats women as capable adults and one that sees them as being in need of instruction and authority.  Now, I don’t doubt there are good intentions behind much of this paternalistic fuddy-duddying, but this kind of over-reaching is inappropriate in 2014 America. Worse, it’s harmful. Women like licensed midwife Jennie Joseph (British-trained, incidentally) have shown that compassionate, respectful midwifery care yields far superior health outcomes for underserved groups. Meanwhile, Black women and babies around the United States are dying at far higher rates than their white counterparts without that kind of care. (Here’s a story about Black women working to provide better care for their own communities, while having to fight the American Medical Association to do so.)

Before I end, I want to be clear about three things: One, I’m generalizing about entire professions, and I am deliberately highlighting the examples that prove my point (#notalldoctors!).  ACOG has produced some wonderful work (like the “Safe Prevention” guidelines I mentioned earlier, or their amazing ethics guidelines). Obstetricians are a necessary and much-appreciated piece of the system, who are, moreover, under heavy pressures themselves. I work with some stellar ones who love and appreciate women and midwives. It is not every individual doctor, by any means, but the profession and its lobby that often acts as if the obstetrician in childbirth is there by right.

Two, there is no denying that American midwifery still needs developing, expanding, and organizing, including protections for consumers. But I am continually surprised by assertions that midwifery should be more hobbled in order to achieve these goals. I don’t see any efforts to restrict the profession of obstetrics, despite the critical state of maternity care today and reports from consumers all over the country about mandatory surgery policies, coerced procedures, and abuse in hospital-based settings–with no meaningful protections for consumers in place there, either. In fact, I believe that doctors would be very resistant to the idea of an outside party levying such restrictions. No; for midwifery to reach its potential, midwives must be recognized as autonomous professionals–self-defined and self-regulated.

Three, I’ve never had a home birth and never will.  This has nothing to do with my personal choices.  What I see is that midwifery care is the Gold Standard the world over, and the less than 10% of U.S. women taking advantage of it is an artificially low number.  That number represents not women’s best interests, but a conflict between what women need and what Big Medicine already has.

Stay in Your Lane, Brother

The answer, when we keep asking doctors if women should have midwives (“Can we? May we? Should we?), is always going to be the same: “Maybe.” “Sometimes.” “As long as we’re supervising.”

In fact, one of the reasons it’s so refreshing to see the new guidelines from the U.K. is because they demonstrate a measure of trust in women and midwives that does not exist in the U.S.  The new guidelines say, “You ladies can handle this.  And if it gets hairy, you know we’re here for you.”  The American attitude is quite the opposite: “You can’t handle this, and we’re going to impose our help whether you want it or not.”

This brings me back to my original question: Why are we asking doctors whether women can have midwives?  Is it so hard to believe that women actually know what they need and want in childbirth?  And that, for some of them, midwife-led care might be it?

Let’s please trust that women (#yesallwomen) are capable of figuring out how, where, and with whom to give birth.  For those women who have the luxury of choice, they do not need to be told where to spend their maternity care dollars, nor do they deserve to have that money funneled into a system that doesn’t always fit them.  For those women who are already limited in their choices, walling off an avenue for them to access compassionate, personalized, life-saving care is an egregious wrong.  Finally, it is the human right of every woman to decide where, how, and with whom she will give birth.  Period.

Moving forward, we must affirm that collaboration and respect among health care professionals can only make American maternity care better.  A recognition of the natural rights of women over childbirth can only make care better.  If it is midwives who women identify as best fitting their needs, that should be the end of the conversation.  There is no other permission to be sought.

 

Cristen Pascucci (About the Author, Consult with the Author, Resources from the Author)
Founder, Birth Monopoly
Vice President, Improving Birth

 


 

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References: Article

(1) Bennhold, K., Saint Louis, C. (2014, December 3). British Regulator Urges Home Births Over Hospitals for Uncomplicated Pregnancies.  The New York Times.  (Article here.)

(2) Editorial Board. (2014, December 15). Are Midwives Safer Than Doctors? The New York Times. (Article here.)

(3) Valeii, K. (2014, December 17) How the Diane Rehm Show Perpetuates the Silencing of Women. Retrieved from BirthAnarchy.com. (Blog article here.)

(4) Sandall, J., Soltani, H., Gates, S., et al. (2013). Midwife-led continuity models versus other models of care for childbearing women. Cochrane Database of Systematic Reviews, Issue 8. Art. No.: CD004667. DOI: 10.1002/14651858.CD004667.pub3. (Journal article here.)

(5)  Amnesty International. (2010). Deadly Delivery: the Maternal Health Care Crisis in the USA. (Summary here. Download full report here.)

(6) Renfrew, M., McFadden, A., Bastos, M. (2014). Midwifery and quality care: findings from a new evidence-informed framework for maternal and newborn care.  The Lancet, 384(9948), 1129 – 1145  (Abstract here. Download Executive Summary for series here.)

(7) Tew, M. (1998). Safer childbirth? A critical history of maternity care. (3rd Ed.). New York, NY: Free Association.

(8) MacDorman, M., Mathews, T.J., Declercq, E. (2014). Trends in out-of-hospital births in the United States, 1990–2012. NCHS data brief, no 144. Hyattsville, MD: National Center for Health Statistics. (Link here.)

(9) American College of Obstetricians and Gynecologists. (2008, February 6). ACOG Statement on Home Births. Retrieved from MedScape.com (Link here.)

(10) American College of Obstetricians and Gynecologists. (2008, February 6). ACOG Statement on Home Births. Retrieved from MedScape.com (Link here.)

(11) American College of Nurse-Midwives. (2014) CNM/CM-attended Birth Statistics. Retrieved from Midwife.org. (Link here.)

(12) Declercq, E., Sakala, C., Corry, M., et al. (2006, October). Listening to Mothers II: Report of the Second National U.S. Survey of Women’s Childbearing Experiences. New York: Childbirth Connection. (Link to report documents here.)

(13) DeVries, R. (1996). Making Midwives Legal: Childbirth, Medicine, and the Law. Ohio State University Press: Columbus.

(14)  Akers, R. (1968). The Professional Association and the Legal Regulation of Practice. Law and Society Review 2: 463-82.

(15) Amnesty International. (2010). Deadly Delivery: the Maternal Health Care Crisis in the USA. (Summary here. Download full report here.)

(16) Burcher, P. (2014, December 4). What’s an Ethical Response to Home Birth? Retrieved from ObGyn.net. (Blog article here.)

(17) Arnold, J. (2013). Louisiana Hospital Cesarean Rates.  Retrieved from CesareanRates.com. (Link here.)

(18) Louisiana Department of Health and Hospitals. St. Tammany Parish, Louisiana 2009-2011 Maternal and Child Health Profile. (Download report here.  See all regional and parish-level data here.)

(19) American College of Obstetricians and Gynecologists Committee on Obstetric Practice and American Academy of Pediatrics. (2014, April). Committee Opinion No. 594, Immersion in Water During Labor and Delivery. Obstet Gynecol 2014;123:912–5. (Link here.)

(20) Stokowski, L., Macones, G. (2014, March 27). ACOG Rep Says Underwater Delivery Is a Bad Idea. Retrieved from MedScape.net. (Link here; website membership to view article is free.)

(21) Dekker, R. (2014, July 10). The Evidence on Water Birth. Retrieved from EvidenceBasedBirth.com. (Link here.)

(22) Muza, S. (2014, July 10). Evidence on Water Birth Safety–Exclusive Q&A with Rebecca Dekker on her New Research.  Retrieved from ScienceandSensibility.org. (Blog article here.)

(23) Burns, E. (2014). Response to joint American College of Obstetricians and Gynecologists (ACOG), and American Academy of Pediatrics (AAP) Committee’s opinion regarding birthing pool use during labour and waterbirth. Retrieved from RCM.org.uk. (Download letter here.)

(24) Alfirevic, Z., Gould, D. (2006). Royal College of Obstetricians and Gynaecologists/Royal College of Midwives Joint statement No. 1, Immersion in Water During Labour and Birth. (Download guidelines here.)

References: “RCOG vs. ACOG” Handout

RCOG Statements:

“The evidence to support underwater birth is less clear…”
“[T]o achieve best practice with water birth…”
“All healthy women with uncomplicated pregnancies at term…”
Alfirevic, Z., Gould, D. (2006). Royal College of Obstetricians and Gynaecologists/Royal College of Midwives Joint statement No. 1, Immersion in Water During Labour and Birth. (Download guidelines here.)

“We support choice for low-risk women…”
Roberts, M. (2014, May 12). Labour wards not for straightforward births, says NICE. Retrieved from BBC.com. (Article here.)

“Too many babies are born in the traditional ‘hospital’ setting…”
Borland, S. (2011, July 15). Big push for home births: Too many babies are being born in hospital, say doctors. Retrieved from DailyMail.co.uk. (Article here.)

“The revised guideline places a greater emphasis on patient choice…”
Royal College of Obstetricians and Gynaecologists. (2014, December 3). RCOG statement on revised NICE intrapartum care guidelines. Retrieved from RCOG.org.uk. (Link here.)

ACOG Statements:

“Given its potential seriousness…”
“[T]he practice of …(underwater delivery)…”
American College of Obstetricians and Gynecologists Committee on Obstetric Practice* and American Academy of Pediatrics. (2014, April). Committee Opinion No. 594, Immersion in Water During Labor and Delivery. Obstet Gynecol 2014;123:912–5. (Link here.)

“The advice of the group is that it should not be done…”
Goldman, A. (2014, March 26). The New Warning About Water Births. Retrieved from WomensHealthMag.com. (Article here.)

“Choosing to deliver a baby at home…”
“… monitoring of both the woman and the fetus…”
“ACOG does not support programs that advocate for…”
American College of Obstetricians and Gynecologists. (2008, February 6). ACOG Statement on Home Births. Retrieved from MedScape.com (Link here.)

ACOG’s current policy on home birth is here (2011, reaffirmed 2013).

 


 

“You’re Not Allowed to Not Allow Me” is one of the essays in Take Back Your Birth, a 30-page eBook by Cristen Pascucci written to inspire and inform moms. It can be given as a gift to to-be mothers and is also appropriate for professionals to use with their clients.Click here to get yours!

Take Back Your Birth is balanced, informative (evidence-based), simple and to-the-point, as well as encouraging and inspiring…all the while carrying a lighthearted and compassionate tone.” – Rachael Hutchins, Doula Rachael Birth Services, Woodstock, Georgia

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Nurses: Women “Fabricating” Birth Trauma?

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Recently, a nurse left a lengthy comment on my website in response to an article where I had encouraged women to recognize their value, and demand that others respect them for it—and especially in their maternity care.  The nurse who commented (I will call her Mary) was extremely skeptical of the idea that women are being traumatized by their care providers in maternity care.  

She said, “These stories have been around as long as I can remember” and dismissed it all–all of the “websites, books, videos, and posts” recounting mistreatment–as “one-sided emotional testimony” and a “disrespectful escalated explosion of a conglomerate of embellished misunderstandings.”  (Her full comment is here.)

Mary’s argument is constructed on the basis that women in labor are not capable of accurately remembering what happened to them, or are too emotionally invested to be credible witnesses, and that medical staff are, across the board, acting in the best interests of their patients.

I think Mary’s view gives us a pretty accurate peephole into an operating system that tells traumatized women, over and over, “Surely what was done to you was out of medical necessity.  You can’t understand what was happening; there’s more to the story.  You should just be grateful you have a healthy baby.  Stop talking.”

I’ll just say right here that I’ve spoken with hundreds of these women, and I’ve discussed every detail of their births with many of them, and I’ve also spoken to their doulas, husbands, and birth partners.  If anything, I would say that most women underplay their mistreatment.

It doesn’t take a medical degree to recognize disrespect and abuse any more than you have to have a criminal justice degree to say, “My husband beats me,” or, “That kid just stole my purse.”

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But, all the same, I thought I’d reach out to some medical professionals, nurses like Mary and a physician’s assistant, to see how they respond to her comments.  Their statements are here.  Maybe Mary, and others who don’t believe women, will take their word for it.  My apologies for the length of these comments; I didn’t want to cut a word.

In the meantime, I encourage women, once again, to keep speaking up.  Do not be silenced.

(Mary’s comment can be seen in full here)

Response from L&D Registered Nurse, Northeast (10+ years)

Dear Mary,

I feel like I know you. I too have worked as a nurse in Labor & Delivery, for awhile–over a decade–you are like the nurses I have worked with on many nights, weekends, and holidays. When things get tough, I look to the senior nurses like you to have my back, and I promise you, I’ve got yours. We know how to save lives, and when a mother seizes or a cord prolapses, we come together and fight like hell to save our mothers’ and babies’ lives.

Mary, I know you have worked very hard to come as far as you have in your career. It’s back-breaking, emotionally draining, really hard work. We care, a lot, or we would not have made it as long as we have in our jobs.

These women are begging for you and me to listen to their stories. It’s really, really hard to hear, and or accept, that we have ever hurt the women we care for. But the truth is, we have, and we do.

The experiences you refer to as “claims”, told by these brave women, are so common that we as medical birth workers, just can’t see them. We can’t recognize the horror, because we are numb to it. We expect it. It is our way of maternity care and birth. These stories are the tip of the iceberg.

I have a decade of stories I could tell, but haven’t, because if I do, I know I will lose my job. Have you ever had a patient come in after having had her membranes swept, but not knowing that the doctor was going to do it? Have you ever told a normal laboring woman that she can’t eat anything, or get out of bed, or go to the bathroom? Have you ever witnessed a person in hard labor sign her birth consents in the middle of her transition contractions? Have you ever done a vaginal exam on a woman who looks like she doesn’t want one? Have you ever handed the physician the Amni-hook to break a woman’s water, without explaining all the risks nor asking her consent? Have you ever left a woman on a monitor indefinitely because it was just easier for you? Have you treated a patient or known another nurse who treated a patient differently because she was young or AMA, African American, Indian, a non-English speaking person, or LGBTQ? Have you ever watched the physician grab the scissors and cut while the mother was pushing so she wouldn’t notice? Have you ever heard a nurse tell a woman to be quiet- to stop yelling? Have you ever attended a cesarean where a mother is anxious and yells out that she can feel it, and you see everyone in the room roll their eyes in disbelief? Have you ever started an induction on someone who has absolutely no idea why they are being induced? Have you ever sat around the nurses’ station and made fun of a birth plan? Have you ever stamped a cesarean chart for a patient just because she had a birth plan? Have you stood and watched the physician who reaches into the uterus of all his unmedicated mothers after they give birth, just to make sure there was no placenta left behind? Have you ever heard parents being told that they technically can refuse any treatment- but do they really want their baby to die? Have you known a physician who diagnosed failure to progress, when really, we all know it was because they had to get ready for their Super Bowl party? Have you ever strapped a woman’s arms down to restrain her from moving in cesarean? And Mary, on and on and on.

I just don’t believe that you have never done or witnessed any of these things. WE ALL HAVE.

Mary, some women are telling us that they feel like they were raped or sexually assaulted in their birth experience.  Have you ever known someone who has been raped? Even if you say no, statistically it’s impossible for you to not know someone who has been raped. Victims of rape don’t feel like they can safely tell anyone about it, so we hardly ever hear their stories. Well, I have been raped. I lost a friend once when she very emphatically proclaimed that there are two sides to rape. Indeed, there’s the side of the victim, and that of the rapist. Should we give all the rapists equal opportunity to incorporate their viewpoint in the exact rape as reported by the victim? Mary, do you feel that would give us a more balanced perspective on rape as well?

Do you know how many times I have heard women say, “do I have to have Pitocin?” I have heard many nurses and physicians and even midwives say, “Yes, honey, you do. Some women just aren’t capable of doing it on their own.” Mary, have you ever been taking care of a laboring patient, maybe she’s moving slowly, but doing just fine–and you come out to the desk, and the physician’s order to start Pitocin is already written in the chart? No discussion with the mother, no discussion with you, the nurse? And have you ever then been in the situation where you have to confront the physician, or found it was just easier to tell the laboring woman that this is just how it “needs” to be?

Mary, have you ever been in the physician’s line of fire, on their bad side, in their way? Have you never known a physician or midwife who would make a nurse’s job a living hell for simply questioning their orders for starting Pit on a mother whose water broke just 2 hours before?

Do you really work in a teaching hospital? How many births? I can’t tell you how many births I’ve attended where the attending physician was fast asleep while the resident “delivered” births. Have two (or three or four+) babies ever been born at the same time in your hospital? Because they sure as heck have been where I work. Most laboring women don’t know they have the right to request a different physician or nurse.

A basic nursing tenet is that “pain is what our patients say it is.” These women are telling us about their pain. It is time we listen. We cannot pretend that we don’t know what these women are talking about. Mary, we are not bad people. Please, for the love of what’s right, please consider some deep self-reflection of the roles we play.

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You said, “People experiencing life altering events such as childbirth are even more susceptible to tainted memories in the absence of understanding.”  Except, Mary, those with PTSD, who live stuck in never-ending nightmares of having their trauma play over and over and over again. They never escape the terror they lived through. Many wish they would have just died, because the living hell of replaying the scariest day of their life, feels worse than the actual event.

You said, “Birth plans are wonderful and encouraged… A birth plan however is truly a tentative request. The true ‘plan’ is dictated by the acuity and current events. Looking back it seems that many of these woman had many similarities in their early OB choices all the way up to their tragic event.”

Mary, birth plans are seen as a joke in L&D. I wholeheartedly agree that birth plans are wonderful and should be encouraged- but I have never seen a birth plan that hasn’t received an eyeroll where I have worked–and many physicians flat out refuse to read them. Indeed, acuity and how the labor and birth unpredictably unfolds, will determine what interventions and decisions need to be made, but no, Mary, NO! The plan is dictated by the laboring person, the decisions are hers to make–not mine, not yours, not any midwife’s, nor any physician.

If we want to prevent trauma, then we need to stop being condescending and trust that there is nobody on the planet who cares about that baby more than the parents do. We need to meet these women and families where they are, and build a mutually respectful and trustful connection through their birth. We need to thoroughly explain all benefits and risks of any proposed intervention, and support our patients in their decision making. We need to always explain what we need to do, and ask before we perform any routine procedure. I have never had a birthing patient refuse true emergency care for herself or her baby, despite her birth plan (except in rare situations with families who hold extreme religious views.) It is only when she feels powerless and unheard and disregarded that her birth becomes traumatic. If she ever felt talked down to, was starved, was isolated, was strapped down, told not to move or to be quiet, or threatened that she would kill her baby if she didn’t comply–she will undoubtedly be traumatized.

Mary, we can fix this. The women in these stories aren’t blaming you or me. They are speaking out because they believe that by telling their stories, maybe other women will not have to go through what they experienced. You and I can play a profound role in preventing further harm. The first step is for us to listen, and be honest with ourselves. What we do, what we say, and how we treat women makes a big difference.

Nurses 5

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Response from: L&D Registered Nurse, West Coast (16 years)

As a traveling L&D RN for over 16 years, and a doula for 15 years before that (we called it “labor support”) I can tell you from my experience in hospitals all over the US, that “these stories” are not only true, subjectively AND objectively, but that for every one story we read, there are ten, twenty, a thousand more that haven’t been told.  I, myself could tell you these stories all night, things I have seen, and actually participated in.  I am not proud of it, either, and I am here to start to break the silence, and to bring about some big changes in this broken system.

I, too, have noticed an underlying  pattern with each of these “claims,” as you condescendingly put it.   The underlying pattern is, to put it bluntly, institutionalized, organized, tolerated, unspoken-about, kept-in-the-dark, obstetrical violence.   The pattern of subjecting women to uncaring, often unsafe, non-evidence based, at times dangerous, humiliating, “medical” practices.

Yes, these “stories” are presented only from the “subjective” view of the birthing mother.  How could a woman giving birth, present in the room the entire time, feeling every sensation, hearing every word spoken, possibly be objective!  I am part of the “medical staff involved” in daily deliveries and I am here to say: believe it. Believe them. Start believing women who are hurt, injured, humiliated, embarrassed, talked down to, and deceived.

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The reason we are hearing all these “stories” now is there are finally places to tell them!  Just like when Anita Hill came forward with her experiences of sexual harassment by Supreme Court nominee Clarence Thomas, suddenly, women everywhere came out of the woodwork to reveal and share their OWN experiences of sexual harassment.  And now, it’s time for a new generation of women to be heard.

You want balance?  My two cents is this: the care they got was actually worse than they knew.  The nurses at the desk talked about them behind their backs.  The babies who suffered hypoxia, low apgar scores, and possibly brain injury, you know what they say?  They say “Well, THAT baby isn’t going to Harvard.”  They say: “That baby is going to be taking the short bus.”  You show them your earnest, well researched birth plan, you know what they say?  They say: “Get out the c-section consent, this one has a birth plan.” That is just the tip of the iceberg.  Do you know why your baby ended up in the NICU with sepsis, on several types of antibiotics, separated from you and getting blood cultures and a lumbar puncture?  Because your doctor broke your water and checked your cervix too many times, and gave you, yes, GAVE YOU an infection.  Have I ever heard a doctor express remorse for this?  No, not one time, ever.

You write: “From each story there is usually an initial claim that stands out as ‘impossible’ to a medical professional which instantly discredits the story.”  Yes, our patients very often don’t understand how things are done.  They make mistakes in their interpretation of things that happened.  True.  But to discredit their experience, to pick it apart like some sort of courtroom drama, to prove a victim is mistaken, or lying, or exaggerating, is dirty pool.  Perhaps there has been prolonged rupture of membranes (perhaps the doctor broke her water when she was 2 centimeters, and then checked her every hour till she had a fever of 102?).  What is wrong with this picture?  It doesn’t matter if these women don’t get the medical details just right, the poor treatment is still happening!  And you can’t discredit it because consumers aren’t medical experts.

I have had women try to decline residents, many a time, only to be told that their practitioner is not on call, or busy at another delivery, etc., and that another attending can attend them, yes.  Someone they haven’t met and who is, basically, no closer to her than the resident at hand.  In fact, if these attendings do catch the baby, they are often irritated and rushed. But yes, a woman can refuse it.  How many women know this?  And how many of the ones who do, actually exercise this right?  I have seen that happen maybe three times in my 30 years at the bedside.

Your statement that a woman “truly doesn’t have a full understanding of what occurred” is correct, in that, no, she doesn’t fully understand the medical jargon, treatment, decisions, etc.  Nor do the medical staff have a full understanding of what occurred IN HER EXPERIENCE.  Can we at least say it’s even here?  That neither side gets what the other is feeling and experiencing?  We believe the doctors version, but not the patient’s?  Because….?   And then the patients try to speak about it, we deny that they had that experience?

I have been present for a few of the debriefings you describe, and yes, they should happen more often, and yes, they are helpful.  What is always missing there is the mother and father’s feelings and experience.  No one asks and no one listens.  Parents who express distress are seen as a legal threat, and risk management is sent in to try and diffuse the situation before it escalates to a lawsuit.  Not exactly helpful to the parents.

I can’t even begin to respond to the statement “so many seemingly fabricated traumatic birth stories.”  Seemingly fabricated? I’m just going to be professional here, and say, you have got to be kidding.  Fabricated traumatic birth stories?

You go on to say that women who seek out a nurse midwife for their care and delivery are doing so because of what “appears to be due to their reception of the stories found on these types of websites” (on what basis, exactly, are you making this statement?). Might I suggest, instead, that it could be that nurse midwives have a vastly better reputation for providing holistic, respectful care, that supports women and families in having a safe, empowering birth, while at the same time, being as safe, if not safer, than a physician?  That these women have done their homework, looked at research and outcomes, and sought out the best care possible? And yes, they get to have a “preconceived plan” for the way they want their birth experience.  Bravo for them for seeking out the best practitioner to give them what they want.  In other places, this is called being an informed consumer.

And you say that these women choosing non-physician birth attendants might “simply have an intense need for control.”  You think?  Control over the most important day of their lives?   We get to have more control over our experience shopping at K Mart, or getting our oil changed, than we do giving birth in the hospital.  Yes, we should get to have quite a lot of control over our bodies, and what happens to them.  Shame on you for disregarding this basic human right and need. And yes, the fact IS that birth is not predictable or controllable, and that is precisely why there must be a trust built and honored, why women need to be included in their care, and have the risks and benefits explained to them as if they were intelligent, sentient beings rather than faceless bodies lying on a bed.

And yes, these women have responsibly showed up for prenatal care, read their books, looked on the internet, and they are aware, obviously, of the risk.  The blame is not about normal, tragic risks of birth.  The blame and the anger are about being lied to, having their genitals touched and invaded roughly, over and over, by numerous strangers, not being told honestly about risks, not being included in decision making, as if they were less than the intelligent, conscientious, adult women they are.  Personally, my patients are happy with their care, because I make sure that they are treated with respect and kindness.  That’s mostly what these women want.  Their so-called “one sided emotional testimony” is valid.  These women’s words are NOT a “disrespectful escalated explosion of a conglomerate of embellished misunderstandings”…. they are women’s experiences.  And they are true.  And I see it happening, over and over, day after day, year after year.  It’s time to listen to the women.  Beyond time.  The videos that are coming out on the internet of these kinds of births tell the objective truth.  It’s really that bad out there.

So, if the woman who wrote this comment would really like me to write an article that considers the perceptions of at least the nurse in the room, I’d be more than happy to write, and write and write.  But I doubt she’d like to see that article.  I don’t need a “memory specialist”–I can consult the chart.  It’s often spelled out there.  Why do you think that OBs are sued for malpractice, more than almost any other specialty?  Testimony, charting, evidence, a court of law.  That tells you something.

I am so glad that women are speaking out about this and other forms of sexual violence.  I believe you, brave warriors.  Speak up.  Keep speaking up. Time to break this system.  I know that amazing, safe births are possible, and your words are slowly chipping away at the problem, and one day, the wall will come down.  Thank you for your courage.  I BELIEVE YOU.

Response from: Physician Assistant, California (2 years)

I would love to know where this woman works, because she should use the fact that these situations “never” happen at her hospital as advertisement.

The way Pitocin was ordered in my hospital was like this. The nurse or resident checks the patient, determines that they’re not progressing as desired and the doctor orders Pitocin. Sometimes the nurse would ask for it and the resident would agree, sometimes the resident would do so on their own. Then the Pitocin was ordered, sent from the pharmacy, and the patient was informed (maybe) that they were going to be given “something to speed up labor.”  Very rarely did a resident ever go into the room to explain anything prior to or after ordering and very rarely did I hear a nurse discuss this with a patient. I can also confirm that it was unusual a patient was asked about any of this. So I suppose if a patient happened to even know what was going on, then yes, she could discuss it with the resident, assuming they weren’t in the OR or in another delivery.

Mary doesn’t believe women about non-consented episiotomies because she’s seen women say scalpels were used, rather than scissors. I agree I have never seen an episiotomy cut with a scalpel; scalpels were not a part of the “delivery” set up at the hospitals I’ve worked at, however I would not be surprised if someone told me a scalpel was used, also not certain it would even make a difference? At the end of the day: it’s still a cut to the perineum!

As far as what Mary says about vacuums and residents attending… IF a patient is even aware that a resident is “delivering them” (which my guess is they’re not as the doctor is running in the room when the baby is crowning), my experience is very little questioning or refusal is going on at that point. Now if the resident is in the room for awhile, then yes, the mom could definitely ask if they were a resident (I had a few women ask how old I was when I was present for their delivery) and request an attending if desired, but again, this assumes the attending is not in the OR or in another delivery which, at my hospital, they were probably 50% of the time. Of course this was a county hospital with 24/7 coverage with an attending and residents, so at hospitals where private physicians just come in to deliver and then leave, I would assume there’s possibly more “choice” of refusal for residents or students in training. Although if we’re being honest, the attendings did very few deliveries as the residents did the majority of them and in my experience, the residents did a better job most of the time. Also, I’m pretty sure every resident has at one point struggled to apply a vacuum to a baby’s head because they aren’t going to be perfect the first time (it’s not the easiest thing in the world to do). And there’s little room for refusal (as we’ve seen in Kimberly’s video) when you’re in a vulnerable position and people are yelling that your baby needs to come out now.

The statement “If a woman has allowed the resident and there is a need for a vacuum it can be trusted that the situation is under control and going well” doesn’t make sense to me–I don’t think this is an assumption that can be made. The only thing I agree with is that a woman is free to decline anything.

The next statement that “it is usually easily recognizable by any medical professional that was not present for delivery to know that the personal recount of the mother is not accurate and that she truly doesn’t have a full understanding of what had occurred” is only true in the fact that a mom may not have an accurate idea of what happened only because no one told her. I will attest to the fact that I have had more than one patient that has given me their account of a story and after reviewing her medical records, I can tell you I know exactly what she is talking about and exactly why not everything was mentioned in the record. Most of the time, I take the mothers word over the medical records because I’ve personally seen forced ceseareans dictated in the operative report as “elective cesareans” and have a large distrust for the accuracy and completeness of medical records in general. Yes, some women definitely have given me accounts that I can tell they’re partially confused about based on what they’re saying, but it’s usually not because of the fact that they’re ignorant women who know nothing–it’s clear to me that they weren’t given details about their condition and, therefore, didn’t fully understand what was going on.  This, however, relates more to diagnoses (preeclampsia, cholestasis of pregnancy, etc.) and less with actual delivery events.

I do completely agree with her point of debriefing; I think that should absolutely be required after every delivery, traumatic or not, because sometimes there are events that occur during deliveries that, even if explained, mothers may have had too much going on at the moment to fully understand. I can imagine it’s difficult to process the exact implications of a cesarean or episiotomy, etc. when everyone is rushing around and yelling and mom is pushing and alarms are going off, etc. So, some trauma could possibly be avoided just by discussing these events with mom and confirming or distilling any misconceptions at that time.

Further Reading & Resources:

“Prevention and elimination of disrespect and abuse during facility-based childbirth,” World Health Organization (2014) (link)

#BreaktheSilence, a photo campaign by Improving Birth (link)

Exposing the Silence Project, a traveling photo project created by Lindsay Askins & Cristen Pascucci on birth trauma in America (link)

“Rinat Dray is Not Alone” (2015) (link) and “Forced Episiotomy: Kelly’s Story” (2014) (link), articles by Human Rights in Childbirth

“Deadly Delivery: The Maternal Health Care Crisis in the USA,” Amnesty International (2011) (link)

“Exploring Evidence for Disrespect and Abuse in Facility-Based Childbirth,” Bowser & Hill via USAID (2010) (link)

Nurse: Women are “Fabricating” Traumatic Birth Stories

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Recently, a nurse left a lengthy comment on my website in response to an article where I had encouraged women to recognize their value, and demand that others respect them for it—and especially in their maternity care.  The comment, posted in full below, is one peephole into an operating system that tells traumatized women, over and over, “Surely what was done to you was out of medical necessity.  You can’t understand what was happening; there’s more to the story.  You should just be grateful you have a healthy baby.  Stop talking.”

I know Mary doesn’t represent all nurses, so I reached out to some other medical professionals who work in maternity care, nurses like Mary and a physician’s assistant, for their views on whether women are “fabricating” stories of birth trauma and abuse.  If Mary, and others like her, don’t believe childbearing women as a group, maybe they will listen to other medical professionals.

The statements from those medical professionals are published here.

In the meantime, I encourage women, once again, to keep speaking up.  Do not be silenced.

Comment from Mary:

* Trigger Warning *

These stories have been around as long as I can remember. As a multi-graduate level prepared L&D certified charge RN having been a nurse for 20 years I have never witnessed such horror, yet I have clearly noticed an underlying pattern with each of these claims.

These stories, presented only from the subjective view of the birthing mother, presents a one sided view of these situations. I would like to find a responsible journalist who is interested in taking the stories back to the medical institution and incorporating the viewpoint of the medical staff involved in the exact delivery having been discussed by the birth mother. I honestly feel this approach could give readers a more balanced perspective on these types of recounts.

From each story there is usually an initial claim that stands out as “impossible” to a medical professional which instantly discredits the story. For example, claims that patients have been accosted by their nurse with unwanted pitocin. Pitocin is an order from their own provider, not their nurse. An order that can easily be discussed with their chosen provider and even declined. Perhaps there has been prolonged rupture of membranes and the chance of infection is now present, therefore there was the unanticipated order for pitocin. Claims that a scalpel was used to do an episiotomy. Scalpels are not used to perform that procedure. Or the claim that a resident struggled to apply a vacuum to the baby’s head… No woman has to be delivered by a resident…ever. It’s a choice they have allowed for a teaching opportunity. Every woman can decline a resident in favor of their own established provider. If a woman has allowed the resident and there is a need for a vacuum it can be trusted that the situation is under control and going well. In the case of a more urgent need for a vacuum, the primary would not allow the resident to perform the task and do it themselves quickly and safely as the resident observed. A woman is free to decline anything. Yes, for legal reasons they need to sign a form acknowledging informed consent and personal choice to decline, but every woman has the right to decline anything. Truly, the list of examples could go on for quite a while, my point is that it is usually easily recognizable by any medical professional that was not present for delivery to know that the personal recount of the mother is not accurate and that she truly doesn’t have a full understanding of what had occurred.

This lasting misconception is not entirely their fault. There truly should be an immediate debriefing, especially in emergent situations, for all mothers who may not understand or be happy with what has occurred. This would present an opportunity for questions, for explanation, for clarification, for effective communication, for delivery satisfaction, and most of all true understanding of what happened and exactly WHY it happened. If this were to occur immediately during the time period where memory is most clear then there would not be so many seemingly fabricated traumatic birth stories.

It is a known and studied fact that even eye witnesses of any account will all recall something different. And even the very same person will remember less and even something different with each passing day. All people’s memories can be altered without them even realizing it. This is a fact for people in a normal state of being. People experiencing life altering events such as childbirth are even more susceptible to tainted memories in the absence of understanding.

A great many of them from the beginning have sought out a nurse midwife for their care and delivery. This appears to be due to their reception of the stories found on these types of websites that they have heard and believe, or because they have a preconceived plan for the way they want their birth experience, or perhaps they simply have an intense need for control which would be evident in other aspects of their lives other than their child birth experience. A large number of them present with a written birth plan. Birth plans are wonderful and encouraged. It is a sign of engagement in their pregnancy and their participation in delivery. Medical staff try to do everything that is possible, reasonable, and safe for patients. A birth plan however is truly a tentative request. The true “plan” is dictated by the acuity and current events. Looking back it seems that many of these woman had many similarities in their early OB choices all the way up to their tragic event.

The fact is this…. Childbirth is not something that is predicable or controllable. It is a manageable state of being that can be completely free of complication or be an extremely high risk situation. There is always risk incurred when any person gives birth. I think that down deep all of these dissatisfied birth mothers know this as well or they would not seek prenatal care or birth in a medical facility. They aren’t willing to delivery alone because they do understand there is unforeseeable risk. Unforeseeable risk and unforeseeable outcomes do not equate to foreseeable blame on professional medical staff with years and years of education and experience dedicated to helping these exact people.

Anyone who really wants the truth knows that the truth doesn’t reside in a one-sided emotional testimony. The truth incorporates everyone in the room to provide perspective and understanding. These websites, books, videos, and posts are a disrespectful escalated explosion of a conglomerate of embellished misunderstandings. If you want to know what to expect just ask questions, read medical books, talk to OB specific medical professionals about the stories you have heard, take video. Your video won’t lie. You won’t be permitted to film the actual birth expulsion, however you can film faces and audio record the dialog.  (Note from Cristen: how’s this for a video?)

Again, just once, I’d like to see an article that considers the perceptions of every person in the room at the time of delivery, a memory specialist interviewing each of the people involved, as well as the history and background of the person claiming mistreatment. I know for a solid fact that that article would read entirely differently. Perhaps then the respect the medical professionals deserve will be restored. I challenge these stories to be filmed live throughout the event and then hear what they believe really happened. I promise you, even the patients themselves will be enlightened.

[End of comment]

Here are the responses to this comment by three medical professionals.

Mom Sues for Bait & Switch in Maternity Care

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You may have seen Caroline Malatesta’s story on Yahoo! Parenting.  It’s a story that will hit home for a lot of people who have experienced maternity care mistreatment: Caroline says that the services and care she received at her hospital were vastly different from what was promised during her prenatal care.  She ended up with a permanent nerve injury and chronic pain; she no longer has the ability to have sex or more children after she was, she alleges, wrestled on to her back during a “power struggle” with a nurse–as her baby’s head was forcefully held inside her for six minutes.

Caroline gave birth in Alabama, a place where women and advocates report hospital birth practices are decades behind research and the rest of the country; and where there are virtually no other options.  There are no birth centers, and out-of-hospital midwifery care is illegal.

Here is Caroline’s story, in her words.  When you’re done reading what she has to say, read what these nurses have to say about the abuse they’ve witnessed against women giving birth, and this piece about the dysfunction underlying so much of it.


I was 32 and pregnant with my fourth child when Brookwood Medical Center launched its marketing campaign for its new Women’s Center. I had delivered my first three babies at St. Vincent’s Hospital, its local competitor, and was planning to have my fourth baby there as well.

But I, like many other women in the community, found this new marketing campaign so captivating. It came from all angles – billboards, TV segments, news articles, websites, a blog, and even celebrity appearances. They were using phrases like “personalized birth plan,” “it’s about that birthing plan . . . whatever you want of your birthing plan,” “a place that respects your birth plan,” “all about supporting and empowering women,” “all about comfort and choice,” “autonomy,” “We’re here to support each mom’s birth plan,” “wireless monitoring that will enable mothers to walk around during labor,” “[Wireless monitors] allow our patients to not be confined to their bed for the duration of their labor. They’re able to be mobile,” “a dedicated water birthing suite and amenities designed for natural child birthing plans,” and “staff trained extensively in assisting un-medicated delivery.”

No other hospital in town so much as mentioned such progressive concepts (and it should be noted that assisted out-of-hospital births aren’t legal here in Alabama).

This all came at a time when more of my friends around the country were beginning to have babies, and I was beginning to realize just how differently birth was handled elsewhere. Before then, I didn’t know there were options. I was hearing of friends being allowed to move around during labor, use the restroom, drink water, avoid stirrups, and birth in different positions. I always had been confined to the bed with a bedpan or catheter, only allowed to eat ice chips, and on my back in stirrups for delivery. I always was prepped from the waist down with surgical cloths and washed with antiseptic prior to delivery. I just figured that’s how childbirth was done everywhere. Lots of these friends had natural births, and talked about them positively. They didn’t have routine interventions and their recoveries seemed faster.

This sounded wonderful, and now these options were available to me! All I had to do was switch hospitals.

I interviewed an OB/GYN at Brookwood during my first trimester. He told me the interventions I received during my first three births were unnecessary and risky. He criticized routine use of the drug pitocin (medication to speed up labor and control hemorrhage). He said there was no need to be confined to the bed, not even during monitoring. He explained how laboring in upright positions alleviates pain, increases blood flow, helps position the baby properly, and opens up the pelvis. He told me research showed no benefit in continuous monitoring for low risk women like me; in fact, intermittent monitoring was recommended. He told me that letting the normal physiological process play out would be safest for my baby and me—which aligned with all of the research I’d been doing. Finally, after much thought and prayer, I switched hospitals during my 20th week of pregnancy. I hired a doula, read a big stack of birth books, exercised, and ate a healthy diet. I carefully made a birth plan based on best medical research, approved my doctor. I was ready!

Fast-forward to the night of baby Jack’s birth in 2012. After laboring freely at home for several hours through some mild contractions, I arrived at the hospital and met my nurse. And that’s when it all started:

“Put on your gown and use the restroom now because you won’t be able to get out of bed for the next twenty minutes, and possibly for the rest of your labor.”

“But my doctor said I could labor however I wanted.”

“Well, your doctor’s not on call.”

What?! The contradiction between the marketing and the reality was so shocking that for a second I thought to myself, have I walked into the wrong hospital? I knew there was no medical evidence for what she was asking me to do. I asked her where the birth tub was because my birth plan included water birth, and she informed me my room didn’t accommodate a tub. I told her over and over that my doctor promised me I could walk around during monitoring, but she continued demanding I get in the bed on my back so she could hook me up to the wired monitor instead of the wireless one I was promised.

I begrudgingly got in the bed on my back, hoping my doula would arrive at any minute and rescue me from this nonsense. Baby Jack’s heartbeat ticked along perfectly on the monitor, but being on my back felt wrong and it hurt so much more than when I had been free to move. I continued asking why I had to be on my back and saying I needed to move around, but she ignored my questions and demanded I obey her, as if I were a disobedient child. I could sense my husband’s anxiety mounting. As we went back forth — me asking questions and telling her this was more painful for me, and her getting increasingly irritated — it became very clear that this wasn’t about health or safety. It was a power struggle.

Suddenly, I felt a contraction coming on. I couldn’t bear the pain on my back any longer. I said “I can’t do this on my back!” and flipped over to my hands and knees. My water broke, and I realized the baby was crowning. My husband said, “I see his head!” I started arching my back while on all fours, and focused on slowly breathing out my baby. It all came so naturally—it felt right and safe and I knew my baby would be here any moment.

That’s when the nurse said, “Let’s get you on your back!” and everything went haywire. She grabbed my left wrist and forced it out from under me. I pulled back, but couldn’t escape her grip. She pulled my arm and rolled me over to my back. That is the moment I lost control over my birth. Forcing me to stay on my back was like forcing a person to hold their hand steady over an open flame – it was impossible for me to comply. The instinct to get off my back was overwhelming. I desperately tried to flip back to my hands and knees, struggling against the nurses to do so. The nurses held me down and pressed my baby’s head into my vagina to delay delivery as he was trying to come out.

"I was trying so hard to smile but I was in more pain than I'd been in during an unmedicated labor."

“I was trying so hard to smile but I was in more pain than I’d been in during an unmedicated labor.”

It literally was torture. I screamed, “Stop!” to the nurses, but no one listened. The medical records summed up my reaction to the physical force quite well: “Unfortunately, the patient was not able to [act] in a controlled manner. She was pretty much all over the bed.” My doula ran in around this time. I looked at her in desperation and pled, “Help me!” but she could not. This went on for six minutes—me struggling, the nurses physically holding baby Jack in my body—when the doctor arrived. The nurse let go of baby Jack’s head, and he was born immediately into the doctor’s hands. I vividly remember the moment his head popped out. My right foot was planted firmly on the bed, elevating my hips as I tried to get off my back one last time, and a nurse was pushing my left leg awkwardly and asymmetrically toward my chest, causing me horrible pain.

So that’s how my precious child entered this world. As if birthing a baby isn’t hard enough, I gave birth while engaged in a physical struggle against the people I trusted to care for us.

To make matters worse, my first visitor was a lady from the billing department. There I was, having just given birth, and she walks in and says, “I’m here to talk to you about your bill.”

Despite the fact that Jack was a perfectly positioned little 6 lb 14 oz baby, and that I’ve delivered bigger babies at faster speed with no problem, I was injured badly. Because of the trauma I sustained from fighting while birthing, I now suffer from a permanent and debilitating nerve condition called Pudendal Neuralgia. My obstetrician called it the worst injury he has seen in all his decades of practice.

It has turned our family life upside down. I was a stay-at-home mother of four children, ages five and under, at the time Jack was born, and what happened to me during his birth left me unable to care for them as needed. I endure debilitating pain on a near daily basis—pain much worse than labor.

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“My 6-year-old daughter took this picture of me on the floor. This is how I spent most of my days, fighting the pain from the nerve damage.”

I never had any psychological issues before the birth, but was diagnosed with PTSD afterwards. The panic attacks first set in when the nerve pain flared. I didn’t know what was happening to me. My skin would burn, I would hyperventilate, and I’d feel like I needed to escape my body. Something as simple as seeing a pregnant woman could set off an attack. I had dramatic dreams of being held hostage in a hospital while trying to escape a plot to murder me. Apparently, this was my brain’s way of trying to process what happened.

I especially struggled with feeling betrayed. I had trusted the hospital with one of the most important and sacred events in my life, and was left feeling chewed up and spit out. At first, I only confided these feelings in my husband. I was worried people would think I was being dramatic, because it’s not socially acceptable to complain about your birth if you have a healthy baby. It took a diagnosis of a permanent condition, and being so debilitated that I spent months on end in bed, for me to feel like I could openly acknowledge these feelings of betrayal and have them taken seriously. As I’ve opened up, other women in my community have come to me with their own stories of being misled or mistreated. I’m realizing this feeling of betrayal isn’t unique to me; it’s disturbingly common.

My husband struggles with the birth as well. He had prepared to be my cheerleader, not my bodyguard. He thought my nurse must have seen a serious problem when she used physical force on me, and that our child was in grave danger. He felt like a deer in headlights. There’s not a day that goes by that he doesn’t beat himself up for trusting the nurse.

In my quest for emotional healing, I sought answers from the hospital. But their patient ‘advocate’ cut off communication with me, saying, “Risk management and several key individuals have declined your request for a meeting. I am truly, truly sorry from the bottom of my heart about what you have been going through. I hope you have a good day. Someone has walked into my office for a meeting, and I have to go now.” Click. She hung up on me.

Out of basic self-respect, I couldn’t just leave it there. I grew up in a medical family, and filing a lawsuit wasn’t something I wanted to do, but the hospital left me no choice. After months of frustration and being stonewalled, my husband and I finally filed a lawsuit for medical negligence and fraud against Brookwood Medical Center and its parent company, Tenet Healthcare Corporation.

You hear the term “empowerment” thrown around a lot when people talk about birth. My hospital used that term in its own marketing. While my birth may have been the most disempowering experience in my life, standing up for myself and holding a large corporation accountable is the most empowering thing I’ve ever done.

Several aspects of litigation have been emotionally hard, including having to answer deeply personal and sexual questions in deposition and having my personal emails sifted through by attorneys. But the hardest part by far is sitting in depositions as a passive spectator, and listening to people try to justify their actions even in the face of my clear refusal. It’s a creepy feeling to hear nurses and hospital administrators who sincerely believe they have the rights over my body. But as a conscious and medically competent patient, the doctrine of informed consent guarantees that even in an emergency situation (which mine was not), a medical provider must respect my refusal of treatment, right? It doesn’t matter what my nurse thought would be best in that situation, or even why, because my ‘no’ is all that mattered – period. But I’m learning that’s not always how it works in the world of maternity care.

While the hospital doesn’t dispute the fact that there was no emergency or immediate danger in my situation, the phrase “safety of the mother and baby” has been repeated, almost reflexively, as if merely saying those words means no explanation is needed. I have yet to hear a single legitimate or medically sound answer as to why denying me mobility and forcing me to my back was safest. And that’s because there’s no medical evidence to support it.

My baby’s safety was always my top priority, which is precisely why I created a birth plan in the first place. Had my hospital simply respected that plan, as promised, I would be a healthy and functional mother today, and my family’s life would be very different. My husband and I love our baby more than anyone in the world loves him, and certainly more than anyone else in the delivery room that night. So it’s insulting to hear the hospital – the very people who were capable of treating me so badly, capable of violently forcing me to my back, and capable of shutting me out when I needed answers to process it all emotionally – now claim that concern for my baby’s and my wellbeing was the motive behind their actions. I could speculate about the hospital’s real motivations – efficiency, protocol, convenience, profit, liability, insurance, or a combination. I can’t say for sure what their top priority was, but it wasn’t the long-term wellbeing of my baby or me. My one and only priority was our health. And that’s why I was in the best position to make informed decisions about my care.

"It took everything in me to smile here.  At Jack's first birthday, we were living with my parents because I was unable to care for myself or my children. I went to the doctor in the morning, spent all day in bed, and got out of bed just for the birthday celebration."

“It took everything in me to smile here. At Jack’s first birthday, we were living with my parents because I was unable to care for myself or my children. I went to the doctor in the morning, spent all day in bed, and got out of bed just for the birthday celebration.”

I’ve learned through this lawsuit that the doctors and nurses in my case hadn’t seen the marketing being shown to the rest of our community, and were not informed by the hospital about the promises being made about their services. The hospital didn’t have a way to know a woman was under the care of one of their doctors until she actually arrived at the hospital for delivery, much less have a way to communicate with doctors during pregnancy about accommodating her “personalized birth plan”—even though they specifically advertised that offering.

Contrary to the advertising, my nurses did not recall being “trained extensively in assisting un-medicated delivery.” Even worse, the expectations created by the hospital’s marketing directly contradicted their own policies. They claimed I wouldn’t be confined to the bed and could walk around, yet had a standing order for bed rest. They claimed I could choose how I wanted to be monitored, yet had a standing order for continuous monitoring. They claimed I could choose a water birth, yet the vast majority of their doctors didn’t offer it, and they had no control over who was on call. They even continued to advertise water birth for nearly three years after officially banning it in their facility! They claimed I could choose not to have medication, yet had a standing order for the drug Pitocin. Indeed, I learned after requesting my records that I was given Pitocin without my knowledge. The dosage given to me was listed right under the doctor’s documentation of my explicit refusal.

So many women, myself included, are told “it’s best to be flexible because birth is unpredictable.” I believe this is one of the most abused phrases in childbirth when it comes to railroading women’s choices. Yes, birth is unpredictable, and an outcome never can be guaranteed. But let’s not confuse a service with an outcome. No provider can guarantee a healthy birth outcome, but they can guarantee they will provide evidence-based services and supportive measures to give you the best chance at achieving a healthy birth. My son’s birth was straightforward—my maternity care was where the surprises came.

My hospital waited until the delivery room to start hashing out for the first time discrepancies between marketing promises and policies. Women were left to “negotiate” their birth plans while in active labor. At best, a woman would experience unnecessary anxiety – at worst, she would be forced physically to comply. It seems my hospital is blaming the unpredictability of their services on the unpredictability of birth.

As I was driving across town recently, I saw the words “I decide how to have my baby” plastered across a billboard in bold colors. It was an ad by my old hospital. They had ditched their baby-centered slogan “where babies come from” in favor of a trendier “woman-centered” slogan. My current hospital sold women “choice,” “empowerment,” and “autonomy,” and now my old hospital was selling women the ability to make their own healthcare decisions. It’s as if they think these are privileges granted to women instead of basic patient rights.

Seeing that sign, I felt sick to my stomach and helpless. It’s like I could see my nightmare of a story playing out all over again with some other unsuspecting woman.

When specifically asked, my doctor at my old hospital had been honest about the various interventions I would have to agree to. He gave me his practice group’s birth plan, a one-page document outlining these required interventions, including continuous monitoring, IV fluids, and a recumbent birth position. But had I seen that “group birth plan” after having seen the hospital’s current marketing as a new patient, I would have been blindsided, because I would have assumed that, indeed, I could decide how I have my baby – meaning interventions were a choice, not a requirement. Is it any wonder that women in my community come out of their births feeling lied to and betrayed?

Then we are made to feel selfish for being upset about our birth experience – as if we aren’t grateful for a healthy child – as if an experience and health are mutually exclusive instead of directly correlated. Just ask my family how important a mother’s health, both emotional and physical, is for the wellbeing of her children. It’s crucial. Any provider capable of treating a mother with disrespect cannot claim they are acting out of some magnanimous concern for her child. Caring about a child means caring for its mother.

As glitzy maternity marketing campaigns continue popping up around the country, I’m concerned more and more women will be enticed by mother-targeted campaigns that aren’t backed up by mother-centered care, as I unfortunately was. True mother-centered care starts with the boots-on-the-ground, not in the marketing department. It starts with hospitals instilling a culture of respect for the birthing woman and the birthing process. It starts with transparency, evidence-based care, and collaborative care. And it results in better outcomes. Unfortunately, this doesn’t seem to be the norm where I live, and until it is, “autonomy,” “choice” and “empowerment” are nothing but empty promises.

I may have little chance of making a real difference in the way large corporations and hospitals market maternity care. Who knows. But I’m hoping that maybe – just maybe – my lawsuit will make them think twice about lying to women giving birth.


 

Read more about what some nurses have to say about the abuse they’ve witnessed against women giving birth, and the dysfunction underlying so much of this mistreatment.

 

Have you experienced Bait & Switch in maternity care?  Comment below!


Doctor, You’re Not Listening

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Earlier this month, the St. Louis Post-Dispatch published a well-researched article on traumatic childbirth (“In traumatic childbirth, women say a healthy baby isn’t the only thing that matters“).  The article featured a mom, Erin Shetler, whose daughter was born by episiotomy and forceps (before a manual removal of the placenta) without informed consent on Erin’s part.  Her doctor didn’t just fail to get her permission–he never so much as notified her that they were performing any of these procedures (she had an epidural so was not aware at the time).  Erin was devastated.  She felt violated, and was plunged into mental and emotional turmoil–including post-traumatic stress disorder–for months.  She says all that could have been avoided had her doctor taken a few seconds to tell her what was happening.  (Erin’s story is here.  She and I became friends through Improving Birth, when she reached out to tell us she wanted to share her story.)

Improving Birth’s campaign to #BreaktheSilence on abuse and trauma in maternity care was also featured in the article, and I was interviewed about it.  That campaign shared the stories of hundreds of women reporting bullying, physical force, manipulation, and cruelty in their care.  The campaign also revealed a clear pattern: unsafe, outdated care that was enabled by blatant violations of women’s bodies, decisions, and rights.

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In response to this article, a local obstetrician wrote a letter to the newspaper, titled “Expectant mothers must realize giving birth is unpredictable.”  She stated that birth doesn’t follow a plan, that informed consent is not possible in emergency situations, and that “realistic childbirth expectations would decrease the growth of childbirth trauma.”  She also compared U.S. maternal mortality rates from 1900 to today.  It should be noted that, today, the U.S. has an abysmal maternal mortality rate compared to its peers and the only rising maternal mortality rate in the developed world.

I wrote a letter to the editor, which wasn’t published.  I’d still like to get this letter out there, though, for one reason only: the doctor’s well-meaning sentiments are an excellent example of what we hear all the time as justifications for unethical and substandard care.  From care providers, policy makers, and even the general public, there’s a failure to listen to what women are saying, and a failure to acknowledge the crisis state of maternity care in the United States.

Dear Editor,

An obstetrician’s response to the recent article about traumatic childbirth highlights the unfortunate disconnect between what women are saying and what some of their care givers are willing to hear.

It is not childbirth, but maternity care, that women are pointing to as the source of their trauma.  It is not in medical emergencies, but in everyday, routine care that women are reporting they were ignored, bullied, coerced, or even forced into interventions they do not want or need.

Yet, in response to allegations by women giving birth that their rights were violated and they were subjected to unsafe care, it is often implied that women should lower their expectations, trust their doctors, and be glad they have a healthy baby at the end of a dangerous process.

Unfortunately, such ideas are not logically possible for many informed women. The U.S. has some of the very worst health outcomes in the developed world for women giving birth, and doesn’t do very well for infants, either. Nine in ten American women receive maternity care that increases, rather than decreases, their risks of complications.  In the last year, major organizations like the American College of Obstetricians and Gynecologists and the Joint Commission have openly pointed to the variable practice styles of individual physicians as contributing to this kind of care.

In other words: suspending expectations and the right to information seems like the exact opposite of what women should be doing when it comes to their own health and that of their babies.

Moreover, women have the fundamental legal and ethical right to information and to decision-making when it comes to their health care, including their maternity care. These rights are grounded in the U.S. constitution, and strongly upheld by the American College of Obstetricians and Gynecologists, whose Ethics Committee calls informed consent “a fundamental tenet of contemporary medical ethics,” a “requirement,” and an expression of the patient’s “moral right to bodily integrity.”

Implying that informed consent compromises health outcomes is dangerous, inaccurate, and outdated—and condescending to women.  Modern maternal healthcare must change to reflect the status of women in 2014 as having legal capacity and the mental ability to make the most important decisions of their lives within a system fraught with needless risk. 

We urge maternal health care providers to really listen to what women are saying.  So much trauma could be prevented by simply listening to and respecting the women giving birth. 

Cristen Pascucci
BirthMonopoly.com

Take BackGet Take Back Your Birth today–six essays by Cristen,
written to inform and inspire women to expect better from birth and their care!

 


Henry and Mom 22_2-LIf you enjoyed this article, follow Birth Monopoly on Facebook! Cristen Pascucci is founder of Birth Monopoly and speaks regularly about the rights of women in childbirth, most recently with workshops around the country for Stand on Your Rights: Demystifying Legal Rights in Childbirth and How to Use Them. She is vice president of ImprovingBirth.org, which hosted its third annual Rally to Improve Birth this Labor Day around the country to raise awareness about the need for a maternity care revolution​. [shareaholic app="share_buttons" id="6904933"]

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Why Are We Asking Doctors if Women Should Have Midwives?

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Shouldn’t women decide if women have midwives?

Two weeks ago, I was bumped from a national radio show (I still love you, Diane Rehm!) as a consumer advocate for a final panel that was made up of the president of the national organization for obstetricians, another obstetrician, a nurse midwife, and a reporter.  (The show was postponed when another news story took precedence.)  The choice of topic, midwifery, was precipitated by the new U.K. guidelines urging that healthy, low-risk women consider midwife-led, out-of-hospital options for birth as a safer alternative to hospital birth (see New York Times article here).(1)

Right before the producer was about to hang up in my first conversation with her, she mentioned they had some doctors to talk to before they’d know if I would fit on the panel.  I thought, “Oh, here we go,” and asked, “Can I just say one more thing?”

I then said something along the lines of: “I know you have to talk to the doctors, because they’re the ‘experts,’ right?  But this is the changing conversation in maternity care.  Women are smart enough to make these decisions.  Women have the right to make these decisions.  Women want midwives.”

This isn’t the first time. The press, and many others, have long deferred to doctors about whether midwifery is a legitimate option for women. Just this month, a piece by the New York Times editorial board praised midwifery, but still referred to medical centers as “allowing” and “letting” midwives to have more room to work.(2) (See “The Way We Talk About Midwifery Care Matters” for some great comments on this language.)

It seems like a no-brainer to me that when we are talking about midwifery care, the conversation should be with women and midwives.  But one thing I’m sure that the general public and the media don’t understand, when they are constantly deferring(3) to doctors on this issue, is that doctors are the main reason women don’t have midwives.

What Exactly is Midwifery?

It may be hard for those of us born and raised in the U.S. to wrap our heads around the fact that midwife-led care is the global Gold Standard for mother/baby health.(4) For just a moment, though, suspend what you think you know, and consider that the U.S. has a uniquely dysfunctional system of maternity care, along with some famously poor outcomes for mothers and babies.(5) It’s helpful, then, to look outside our own system to see how things can be done better.

This summer, The Lancet, an internationally respected medical journal, published a series on midwifery that urged a “system-level shift” from a “fragmented” pathology-based (medical) model to a team-based, multidisciplinary model, with midwives as “pivotal” to this approach.(6)

Midwifery is a model of care that predates and overlaps with medicine. It is, however, its own specialty: the specialty of supporting women in using their own bodies, brains, and strength to give birth. In midwifery care, birth depends less on interventions because it depends more on the capabilities of women. Midwives have “clients,” not “patients,” and a deep regard for women as the authorities on themselves and as the hearts of their families. Care is personalized, with face-to-face prenatal appointments often lasting 45 minutes or an hour each, and including information about nutrition and preparation for breastfeeding and the postpartum period. Of course, I am speaking generally here; there will be variations within the group. (Read this great article, “Comparing the Medical Model vs. Holistic Model…” for more.)

Midwives are trained to handle emergencies, focusing more on lower risk manual skills than technological ones, but some women and babies will need treatment–like surgery–that midwives don’t provide directly, but refer out to the appropriate specialist.  This is where obstetrics comes in to complement and overlap.

Both professions are absolutely necessary, and the best scenario for families is one where midwives and obstetricians collaborate seamlessly, as a team. Women and babies benefit from top-notch prenatal care and the best chance of a healthy, uncomplicated birth, with the safety net of a specialized surgeon for the rare but real complications that may arise.

Bizarrely, however, the U.S. utilizes only these high-risk specialists (obstetricians) for almost everyone, even the huge number of women who would most benefit from the services of midwives. That number includes healthy women, but we have also seen that midwifery can help to mitigate risk in groups where the only difference between a small, sick, premature baby and a full-term, healthy one is an informed, supported mother.  (Read about how one Florida Licensed Midwife is slashing preterm birth and Cesarean section rates in an at-risk community here; a Washington, D.C., birth center for low-income women does the same here.)

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To us in the U.S., the concept of autonomy for midwives or autonomy for women in childbirth is–largely–a foreign one. It is almost hard to imagine that a woman might independently choose to hire a midwife who works for herself or her own practice, and that the two of them together might decide when or if to bring in an obstetrician at any point. If that idea makes you uncomfortable, sit with it for a minute and think about why.  What, or who, don’t you trust in that scenario?

A Conflict of Interest

In the early 1900s, the burgeoning American medical lobby was nearly successful in stomping out what they saw as their competition, including what the Journal of the American Medical Association and others called “the midwife problem,” through calculated smear campaigns.  (Incidentally, in the same 1912 article I link to about “the midwife problem,” Dr. J. Whitridge Williams, an obstetrics professor at Johns Hopkins University, says that in a survey of obstetrics professors around the country, “a large proportion admit that the average practitioner, through his lack of preparation for the practice of obstetrics, may do his patients as much harm as the much-maligned midwife.”) Employing racist, sexist themes, this group portrayed midwives as unskilled, ignorant, and dirty. Up against the strategic efforts of moneyed white men to co-opt childbirth into an institutional model, midwives—disenfranchised, unrepresented, and powerless—didn’t have a chance. By the middle of the century, American birth had shifted from home to hospital, under the authority of doctors and leaving midwives (and poor, rural, and Black women) behind. (The crushing of the venerable Granny Midwife in the South deserves its own article.)

New England Journal of Medicine

New England Journal of Medicine

The story of this shift is surprising and fascinating, and I encourage anyone who is interested to explore it: how an enterprising medical profession convinced women to give birth in institutions to be subjected to nonconsented medical experimentation and this: “at every level of predicted risk [for birth] measured, high and moderate as well as low, perinatal mortality was highest by far for births in hospitals and lowest for births at home.”(7)

Since then, midwifery has had to scrape and crawl its way back up to the present hodgepodge of different types of midwives, with various credentials and training, and a mishmash of state laws and rules that range from “Sure! Go get yourself a midwife!” to “If we catch you with a midwife, she’s going to jail.”  Likewise, there’s a wide range of attitudes in the medical community about midwives, from beautiful medical-to-midwife collaboration, to punitive treatment of both midwives and their clients, as well as any physicians who dare to assist them.  This article does not focus on the few places where collaboration is the rule of the day, but on the many places where it is not.

Things are better than they were, but nowhere near where they should be.  Today, the American College of Obstetricians and Gynecologists (ACOG) refuses to recognize the midwives who attend around 80% of birth outside of hospitals(8) (“ACOG does not support programs that advocate for, or individuals who provide, home births.”)(9).  They have only recently acknowledged “accredited birth centers” as acceptable locations, as their long-time policy has been that all birth should be hospital-based (a 2008 policy statement actually blustered, “Choosing to deliver a baby at home… is to put the process of birth over the goal of having a healthy baby”)(10). Thus, they do not embrace the position of their maternal health colleagues who believe all birth should be where women decide to give birth.  There is truth to ACOG’s assertion that the training and education for a very small number of these midwives is not standardized, but, really, those midwives and their clients aren’t looking to obstetricians for approval. And pushing those midwives underground certainly does not result in better training or safer births.

One credential—that of Certified Nurse Midwife (CNM)—has found more acceptance in the medical community, but nurse-midwifery no longer resembles its origins of women on horseback delivering excellent care to the homes of other women in rural Kentucky.  Now, 95% of nurse midwives work in hospitals,(11) most under—you guessed it—the supervision of doctors.  Women aren’t just working with the midwife they’ve hired; they’re working with what the midwife’s backing physician, other physicians, and the institution will “allow.”

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It’s actually harder than you’d think to find places where a woman is free to independently hire and work with a midwife without the imposition of third-party supervision.  Here’s one of many true stories about how this looks in real life, for one Certified Nurse Midwife: Midwife respects her clients’ right to give birth in whatever position they like, and knows that restricting women’s movement and positioning in labor and pushing can impede labor and injure women and babies.  Random obstetrician from a different practice hears that midwife’s client gave birth on her hands and knees on a blanket on the floor.  He complains to the hospital, triggering new policy.  Now, Midwife’s clients must give birth in bed, like everyone else.

So, what does it matter that a woman has hired a midwife, when a random obstetrician she’s never even met can take her choice about how to give birth right out of her hands?  This clues us in to why women are hiring midwives in the first place: we don’t always like to be told “how to give birth.”

No Way Out

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Lithotomy position from 1944 obstetric textbook. How much has changed, or not changed, in 70 years of better evidence and acknowledgement of human dignity?

Yes, most women are still being told how to give birth.  They are subject to practices that have been proven harmful for decades: denying them food and drink in labor (60%), restricting them to bed (76%) on their backs (92%), and tying them to continuous electronic fetal monitoring (94%) that is so faulty, the U.S. Preventive Services Task Force issued a recommendation against it, as just a few examples (see State of Maternity Care Table)(12).  In some facilities, policies of physical force are used when women don’t comply with provider preferences (see “Inappropriate Use of Restraints” for an all-too-typical example of the kinds of things I hear on a regular basis from consumers).  Women are still having Cesareans in epidemic numbers, for things that evidence-based guidelines don’t support or that better care might have avoided (see ACOG Safe Prevention of the Primary Cesarean Delivery).

What happens to women who choose out-of-hospital care?  It can be difficult for them to find doctors who will provide prenatal consultation, for one.  Some women will forfeit their wish to give birth at home for fear of reprisals should they end up needing to transfer to a hospital in labor.  I have spoken with women from all over the country who say they have been bullied, refused care, and treated with violence as home-to-hospital transfers.  Louisiana mother Andrea Davis uses words like “violated,” “raped,” and “shame” to describe her experience (witnessed by her midwife, doula, husband, and seventeen-year-old daughter) after she transferred in to St. Tammany Hospital (which features a 45.1% Cesarean rate!) simply because she was exhausted after 24 hours of labor.  Her story is not uncommon, and it’s not hard to understand why neither women nor their midwives would want to transfer into this kind of setting.  It’s not hard to understand, either, why a woman wouldn’t choose that kind of environment for her birth in the first place.

Family doctors and obstetricians who support midwives and their clients may also face ostracism from their peers and their profession. Several who have contacted Improving Birth are worried they will lose their hospital privileges—and their practices—if they continue to collaborate with out-of-hospital midwives.  It’s sad, because these collaborative relationships are exactly what make out-of-hospital birth safer.

Sociologist and professor of obstetrics and gynecology Raymond DeVries observes that other sociologists have “noted that licensing laws… have given professionals and their associations a restrictive monopoly over practice,” evolving from merely preventing an unlicensed person from using a certain title to making it “a criminal offense for the unlicensed to take any action specifically reserved for licensed professionals.”(13)  He further notes the cozy relationship between the professional associations and the public agencies meant to act as regulatory and disciplinary bodies, quoting Ronald Akers’ study of the same: “It appears that their activities, personnel, and even finances overlap to such an extent that it is not entirely correct to say that the association ‘influences’ the board’s administration of public policy. . . . The cooperation between the two sometimes reaches the point of near identity.”(14)  In other words, when medicine decided to “professionalize” childbirth, it simply staked out the boundaries and set up shop with the blessing of the state.  The multibillion-dollar industry we have today has its roots in this self-defined, self-regulated system.

Indeed, when women have nowhere else to go, they are giving birth within the limits of what looks a lot like a monopoly: a profession answerable primarily to its own members, that sets its own standards for practice in an extraordinarily lucrative market, with no obligation to adhere to guidelines established by objective scientific organizations.  Take a look at some of the differences between statements by the U.K. Royal College of Obstetricians and Gynaecologists on the one hand, and the U.S. ACOG on the other:

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Click image for full-size, printable PDF from https://gum.co/midwives

 

Women vs. The Medical Lobby

The families are always caught in the middle: hurt by–and fed up with–a national maternity care system that Amnesty International calls a “crisis.”(15)  Their frustration fuels grassroots efforts all over the country to reform, improve, and expand maternity care.  But these consumer-fueled efforts routinely meet with opposition and resistance.  You may be surprised to learn that this constant tug-of-war over the options available to women is between families and the medical lobby. Even as consumers beg for something different, the message they seem to keep getting is, “No–we know what’s best for you, and we’re it.”

Dozens of local and state consumer groups, as well as several national groups, are currently campaigning for more access to midwifery care. Certified Professional Midwives (CPMs) are legally allowed to practice in only 28 states; consumers in fourteen other states are actively working towards state licensure for CPMs, a formidable battle for what are often young, cash-strapped families.  Their chief opposition?  Doctors. The medical lobby.  No other group is out there organized against access to midwifery, and it’s a powerful, well-funded group. In Alabama and Massachusetts, for example, the only opposition to proposed bills by consumer organizations (the Alabama Birth Coalition and Massachusetts Friends of Midwives) is the state medical society and state ACOG representation.

Ethicist and obstetrician/gynecologist Paul Burcher acknowledged this influence recently, as he urged his fellow doctors to reconsider their opposition: “Since obstetricians as a political lobby are largely responsible for these punitive laws [that make midwifery difficult to practice, or even illegal, in a home birth setting], we should work to have them overturned if we seek to renew the trust of our midwife colleagues” (emphasis added).(16)

Policing the Competition

Dr. Burcher is right.  Even where midwifery is “legal” and licensed, it is frequently shaped by the political forces behind organized medicine.  In other words, one profession is empowered by the state to police its competition.  Its advice and permission are sought when the rules are made, and its presence—often a majority presence—is a given on the ruling bodies.

In Arizona, obstetricians are the reason a healthy woman MUST CONSENT to routine vaginal exams if she chooses an out-of-hospital midwife, because that’s one of the things the state ACOG representative pushed for in the rules.  Now, if a woman does not consent in pregnancy and labor to routine vaginal exams—which are obsolete and even risky according to many practitioners, and painful and disruptive during labor—her midwife is legally obligated to drop the woman’s care and send her to an obstetrician for a hospital delivery. (The rules from the state of Arizona are here, but a more entertaining and pointed accounting from an actual midwife is here.)

I don’t know about you, but the idea that a vaginal exam is mandated by rule of the state is abhorrent to me.  Put yourselves in those women’s shoes—er, stirrups.  Can you imagine having to lie back and take a penetrating exam like that—just to retain the right to give birth outside of the hospital?

In Louisiana, the state with a 40% Cesarean rate,(17) if you’ve ever had a Cesarean birth, you actually have to get written approval from an obstetrician and apply on an individual basis to the state medical board (the medical board… of doctors) for permission to give birth at home with a midwife.  You might argue that a woman who has had a Cesarean doesn’t fit a “low risk” profile qualifying her for an out-of-hospital birth, but here’s the dilemma for that same woman: also in Louisiana, if you’ve ever had a Cesarean, outdated policies and attitudes at most hospitals mean you’re not allowed to give birth vaginally there (in Ms. Davis’ parish, for example, the rate for vaginal birth after Cesarean is a depressing 1.5%).(18)  The only way you are “allowed” to give birth is by surgery.  By boxing women into hospital birth at facilities with mandatory surgery policies, the state medical board is essentially compelling Cesarean surgery for large groups of Louisiana women.

Consumer advocate and VBAC Facts founder Jennifer Kamel, who promotes access to accurate information about options for birth after a Cesarean, said: “I attended a California medical board meeting to speak as a consumer about restrictions on access to vaginal birth after Cesarean levied on women, whether they choose hospital or home. It is unbelievable to me that midwives have all of these regulations saying who they can/cannot see and when they need to refer out to a physician. However, when I asked the senior staff counsel for the medical board after the meeting if obstetricians had similar regulations that could say, mandate them to counsel women in a specific way about vaginal birth after Cesarean, or prohibit them/have repercussions for forced Cesareans, she informed me ‘no.’ [Over 40% of U.S. hospitals have mandatory surgery policies.] Fundamentally, this does come down to trust. The medical board does not trust midwives as a profession to make the right choice. And yet obstetricians have zero regulations comparable to midwifery regulations. They are trusted to determine when something is outside of their scope of practice and they need to refer her to another specialist. Midwives are not trusted.” (Ms. Kamel’s full statement to the board is here.)

These are the kinds of rules we get when a group is authorized by the state and the market to act in its own self interest to decide the “how, where, and with whom” about childbirth.  What’s missing?  The decisions of the women giving birth.

The Water Birth Debacle

Earlier this year, American medical organizations representing obstetricians (ACOG) and pediatricians (AAP) released a statement calling the safety of water birth into question, and advising that it should only take place as “an experimental procedure.”(19)  It was an odd choice of subject, since water birth is almost exclusively a midwifery practice, especially when one statement author further explained that the statement was partially a response to what they believed was a proliferation of water births at home.(20)

The statement was full of scientific errors and misrepresentations, and excluded high-quality studies on tens of thousands of births.  It warned women that there were no maternal benefits to water birth—which was incredible to many women who had actually had water births and experienced its benefits firsthand (Improving Birth asked women, and got over 130 responses on its Facebook page by the next day, here).  The idea of no maternal benefits was also incredible to anyone who looked at the full body of research on water birth, which shows significant reduction in and even elimination of the use of episiotomy.(21)

Hospitals quickly shut down water birth programs even as consumers and midwives flooded ACOG and AAP with requests to take a scientific look at all of the evidence (read a letter from consumers here). From their noncommittal response, it does not appear that ACOG and AAP ever did so.  The voices of women had no place in this discussion even as their births were the center of the debate.  (In an interesting twist, the whole incident seemed to create a new crop of home birth families, because some women planning hospital water births moved those plans into their own homes.)

Evidence Based Birth’s Rebecca Dekker, PhD, RN, APRN, conducted a thorough review of the evidence (here).  She commented: “I’m puzzled as to why keeping women’s perineums intact and uncut is not perceived as a benefit by anyone other than the women themselves. … Who should be weighing the potential harms and the potential benefits of waterbirth, and making an informed decision about their options? Should it be the mother? Or should it be the obstetrician?”(22)

On the other side of the ocean, the U.K.’s Royal College of Midwives (RCM) called the U.S. statement “disappointingly biased, and partially incorrect,” and asserted that women should not be denied an option for which no harms had been shown, especially considering that “Maternal choice in childbirth is a human right.”(23)

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Current U.K. guidelines from the RCM and the Royal College of Obstetricians and Gynaecologists state that because more research should be done on water birth, best practices are achieved by “ensuring that women are involved in planning their own care” and conclude that all healthy, low-risk women should have the option of water birth available to them.(24)

These disparate statements reflect the difference between a system that treats women as capable adults and one that sees them as being in need of instruction and authority.  Now, I don’t doubt there are good intentions behind much of this paternalistic fuddy-duddying, but this kind of over-reaching is inappropriate in 2014 America. Worse, it’s harmful. Women like licensed midwife Jennie Joseph (British-trained, incidentally) have shown that compassionate, respectful midwifery care yields far superior health outcomes for underserved groups. Meanwhile, Black women and babies around the United States are dying at far higher rates than their white counterparts without that kind of care. (Here’s a story about Black women working to provide better care for their own communities, while having to fight the American Medical Association to do so.)

Before I end, I want to be clear about three things: One, I’m generalizing about entire professions, and I am deliberately highlighting the examples that prove my point (#notalldoctors!).  ACOG has produced some wonderful work (like the “Safe Prevention” guidelines I mentioned earlier, or their amazing ethics guidelines). Obstetricians are a necessary and much-appreciated piece of the system, who are, moreover, under heavy pressures themselves. I work with some stellar ones who love and appreciate women and midwives. It is not every individual doctor, by any means, but the profession and its lobby that often acts as if the obstetrician in childbirth is there by right.

Two, there is no denying that American midwifery still needs developing, expanding, and organizing, including protections for consumers. But I am continually surprised by assertions that midwifery should be more hobbled in order to achieve these goals. I don’t see any efforts to restrict the profession of obstetrics, despite the critical state of maternity care today and reports from consumers all over the country about mandatory surgery policies, coerced procedures, and abuse in hospital-based settings–with no meaningful protections for consumers in place there, either. In fact, I believe that doctors would be very resistant to the idea of an outside party levying such restrictions. No; for midwifery to reach its potential, midwives must be recognized as autonomous professionals–self-defined and self-regulated.

Three, I’ve never had a home birth and never will.  This has nothing to do with my personal choices.  What I see is that midwifery care is the Gold Standard the world over, and the less than 10% of U.S. women taking advantage of it is an artificially low number.  That number represents not women’s best interests, but a conflict between what women need and what Big Medicine already has.

Stay in Your Lane, Brother

The answer, when we keep asking doctors if women should have midwives (“Can we? May we? Should we?”), is always going to be the same: “Maybe.” “Sometimes.” “As long as we’re supervising.”

In fact, one of the reasons it’s so refreshing to see the new guidelines from the U.K. is because they demonstrate a measure of trust in women and midwives that does not exist in the U.S.  The new guidelines say, “You ladies can handle this.  And if it gets hairy, you know we’re here for you.”  The American attitude is quite the opposite: “You can’t handle this, and we’re going to impose our help whether you want it or not.”

This brings me back to my original question: Why are we asking doctors whether women can have midwives?  Is it so hard to believe that women actually know what they need and want in childbirth?  And that, for some of them, midwife-led care might be it?

Let’s please trust that women (#yesallwomen) are capable of figuring out how, where, and with whom to give birth.  For those women who have the luxury of choice, they do not need to be told where to spend their maternity care dollars, nor do they deserve to have that money funneled into a system that doesn’t always fit them.  For those women who are already limited in their choices, walling off an avenue for them to access compassionate, personalized, life-saving care is an egregious wrong.  Finally, it is the human right of every woman to decide where, how, and with whom she will give birth.  Period.

Moving forward, we must affirm that collaboration and respect among health care professionals can only make American maternity care better.  A recognition of the natural rights of women over childbirth can only make care better.  If it is midwives who women identify as best fitting their needs, that should be the end of the conversation.  There is no other permission to be sought.

 

Cristen Pascucci (About the Author, Consult with the Author, Resources from the Author)
Founder, Birth Monopoly
Vice President, Improving Birth

 


 

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References: Article

(1) Bennhold, K., Saint Louis, C. (2014, December 3). British Regulator Urges Home Births Over Hospitals for Uncomplicated Pregnancies.  The New York Times.  (Article here.)

(2) Editorial Board. (2014, December 15). Are Midwives Safer Than Doctors? The New York Times. (Article here.)

(3) Valeii, K. (2014, December 17) How the Diane Rehm Show Perpetuates the Silencing of Women. Retrieved from BirthAnarchy.com. (Blog article here.)

(4) Sandall, J., Soltani, H., Gates, S., et al. (2013). Midwife-led continuity models versus other models of care for childbearing women. Cochrane Database of Systematic Reviews, Issue 8. Art. No.: CD004667. DOI: 10.1002/14651858.CD004667.pub3. (Journal article here.)

(5)  Amnesty International. (2010). Deadly Delivery: the Maternal Health Care Crisis in the USA. (Summary here. Download full report here.)

(6) Renfrew, M., McFadden, A., Bastos, M. (2014). Midwifery and quality care: findings from a new evidence-informed framework for maternal and newborn care.  The Lancet, 384(9948), 1129 – 1145  (Abstract here. Download Executive Summary for series here.)

(7) Tew, M. (1998). Safer childbirth? A critical history of maternity care. (3rd Ed.). New York, NY: Free Association.

(8) MacDorman, M., Mathews, T.J., Declercq, E. (2014). Trends in out-of-hospital births in the United States, 1990–2012. NCHS data brief, no 144. Hyattsville, MD: National Center for Health Statistics. (Link here.)

(9) American College of Obstetricians and Gynecologists. (2008, February 6). ACOG Statement on Home Births. Retrieved from MedScape.com (Link here.)

(10) American College of Obstetricians and Gynecologists. (2008, February 6). ACOG Statement on Home Births. Retrieved from MedScape.com (Link here.)

(11) American College of Nurse-Midwives. (2014) CNM/CM-attended Birth Statistics. Retrieved from Midwife.org. (Link here.)

(12) Declercq, E., Sakala, C., Corry, M., et al. (2006, October). Listening to Mothers II: Report of the Second National U.S. Survey of Women’s Childbearing Experiences. New York: Childbirth Connection. (Link to report documents here.)

(13) DeVries, R. (1996). Making Midwives Legal: Childbirth, Medicine, and the Law. Ohio State University Press: Columbus.

(14)  Akers, R. (1968). The Professional Association and the Legal Regulation of Practice. Law and Society Review 2: 463-82.

(15) Amnesty International. (2010). Deadly Delivery: the Maternal Health Care Crisis in the USA. (Summary here. Download full report here.)

(16) Burcher, P. (2014, December 4). What’s an Ethical Response to Home Birth? Retrieved from ObGyn.net. (Blog article here.)

(17) Arnold, J. (2013). Louisiana Hospital Cesarean Rates.  Retrieved from CesareanRates.com. (Link here.)

(18) Louisiana Department of Health and Hospitals. St. Tammany Parish, Louisiana 2009-2011 Maternal and Child Health Profile. (Download report here.  See all regional and parish-level data here.)

(19) American College of Obstetricians and Gynecologists Committee on Obstetric Practice and American Academy of Pediatrics. (2014, April). Committee Opinion No. 594, Immersion in Water During Labor and Delivery. Obstet Gynecol 2014;123:912–5. (Link here.)

(20) Stokowski, L., Macones, G. (2014, March 27). ACOG Rep Says Underwater Delivery Is a Bad Idea. Retrieved from MedScape.net. (Link here; website membership to view article is free.)

(21) Dekker, R. (2014, July 10). The Evidence on Water Birth. Retrieved from EvidenceBasedBirth.com. (Link here.)

(22) Muza, S. (2014, July 10). Evidence on Water Birth Safety–Exclusive Q&A with Rebecca Dekker on her New Research.  Retrieved from ScienceandSensibility.org. (Blog article here.)

(23) Burns, E. (2014). Response to joint American College of Obstetricians and Gynecologists (ACOG), and American Academy of Pediatrics (AAP) Committee’s opinion regarding birthing pool use during labour and waterbirth. Retrieved from RCM.org.uk. (Download letter here.)

(24) Alfirevic, Z., Gould, D. (2006). Royal College of Obstetricians and Gynaecologists/Royal College of Midwives Joint statement No. 1, Immersion in Water During Labour and Birth. (Download guidelines here.)

References: “RCOG vs. ACOG” Handout

RCOG Statements:

“The evidence to support underwater birth is less clear…”
“[T]o achieve best practice with water birth…”
“All healthy women with uncomplicated pregnancies at term…”
Alfirevic, Z., Gould, D. (2006). Royal College of Obstetricians and Gynaecologists/Royal College of Midwives Joint statement No. 1, Immersion in Water During Labour and Birth. (Download guidelines here.)

“We support choice for low-risk women…”
Roberts, M. (2014, May 12). Labour wards not for straightforward births, says NICE. Retrieved from BBC.com. (Article here.)

“Too many babies are born in the traditional ‘hospital’ setting…”
Borland, S. (2011, July 15). Big push for home births: Too many babies are being born in hospital, say doctors. Retrieved from DailyMail.co.uk. (Article here.)

“The revised guideline places a greater emphasis on patient choice…”
Royal College of Obstetricians and Gynaecologists. (2014, December 3). RCOG statement on revised NICE intrapartum care guidelines. Retrieved from RCOG.org.uk. (Link here.)

ACOG Statements:

“Given its potential seriousness…”
“[T]he practice of …(underwater delivery)…”
American College of Obstetricians and Gynecologists Committee on Obstetric Practice* and American Academy of Pediatrics. (2014, April). Committee Opinion No. 594, Immersion in Water During Labor and Delivery. Obstet Gynecol 2014;123:912–5. (Link here.)

“The advice of the group is that it should not be done…”
Goldman, A. (2014, March 26). The New Warning About Water Births. Retrieved from WomensHealthMag.com. (Article here.)

“Choosing to deliver a baby at home…”
“… monitoring of both the woman and the fetus…”
“ACOG does not support programs that advocate for…”
American College of Obstetricians and Gynecologists. (2008, February 6). ACOG Statement on Home Births. Retrieved from MedScape.com (Link here.)

ACOG’s current policy on home birth is here (2011, reaffirmed 2013).

 


 

“You’re Not Allowed to Not Allow Me” is one of the essays in Take Back Your Birth, a 30-page eBook by Cristen Pascucci written to inspire and inform moms. It can be given as a gift to to-be mothers and is also appropriate for professionals to use with their clients.Click here to get yours!

Take Back Your Birth is balanced, informative (evidence-based), simple and to-the-point, as well as encouraging and inspiring…all the while carrying a lighthearted and compassionate tone.” – Rachael Hutchins, Doula Rachael Birth Services, Woodstock, Georgia

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Kentucky Birth Monopoly: Begging for Birth Centers

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This week, Kentucky families won a victory when a circuit court reversed a decision that had prevented a proposed birth center in Elizabethtown from moving forward.  The original denial was based on opposition from three local hospitals that currently hold the monopoly on birth-related services.  That monopoly exists throughout Kentucky, with zero birth centers in the state and only a handful of midwives who are legally permitted to attend births outside of hospitals—and in-hospital midwives and their clients usually restricted to what supervising and “collaborating” physicians will allow.

In 2009, Certified Nurse Midwife Mary Carol Akers began the process of opening​ the Visitation Birth and Family Wellness birth center.  She has spent a quarter of a million dollars on that effort, with the support of hundreds of Kentucky families.  At the Certificate of Need (CON) hearing in 2013, about a dozen people showed up each day for four days of testimony—something the hearing officer said she’d never seen before. Under Kentucky law, new health care facilities must prove that there is an unmet need for their services to secure a certificate from the state that allows them to move forward.

The hearing officer agreed with the hospitals that there was no need for a birth center and denied the Certificate of Need—effectively stopping the process.  Ms. Akers appealed that denial, and I am happy to say that Franklin County Circuit Court Judge J. Phillip Shepherd got it right with his decision to reverse it.

You can download a PDF of the decision here, or read on for my take on what was most interesting out of it, with some juicy language from Judge Shepherd.

It’s important to remember that in appeals, like this one, the court is not weighing whether or not the “best” decision was made, but whether the law was followed in doing so.  The circuit court’s job here wasn’t to agree or disagree with the decision that was made, but to determine whether the decision was reached properly.

Did the hospitals have the right to block the birth center in the first place?

Part of the discussion is whether the local hospitals are “affected parties,” as they claim to be, because only “affected parties” have standing to challenge an applicant for the Certificate of Need.  The gist of the hospitals’ argument is that they already provide “similar” prenatal, labor and delivery, and postpartum services—albeit through what was termed “different methods.”

Shepherd 1

No, they did not have the right, said the court.  They aren’t ‘affected parties’ because they aren’t birth centers, plain and simple.  None of the hospitals are operating under a CON and licensure for alternative birth centers.  They are a different animal, with different—and overlapping—services.

“The law in Kentucky has long been established that a party operating a business under a license from the state has ‘no right to be free from competition,’” ​the decision said.​ The Certificate of Need process, for medical providers, is one exception to that rule.  But it’s a process that’s meant to apply providers of the same services​, in the same category​.

“Here, the question is whether health care providers who do not operate an ‘alternative birthing center’ have standing to protest an applicant for approval to operate such a facility.  While the ​[hospitals] provide prenatal and birthing care, this Court holds that traditional health care providers, by definition, are separate and distinct from ‘alternative birthing centers.’ The long line of cases that holds that state licensees have no right to be free from competition applies here.  The CON statute… allows competitors to protest only when they are ‘affected parties.’”  And then he says: “These protestors do [not] operate, nor even propose to operate, another ‘alternative birthing center.’  Rather, they simply argue that all women would be better served by limiting themselves to the options currently provided.”

And here’s where it really starts getting good.

Are hospital birth ​services ​and birth center birth ​services ​the same thing?

​Nope, said Judge Shepherd.  ​“The Court is persuaded by the argument advanced by the Petitioner, specifically, that a hospital-based birth experience is not enough like an alternative birth experience to be considered similar.  While there may be some overlap in the services provided, the varying methods and settings have significant differences and it is a stretch to claim that traditional hospitals providing only hospital-based birthing environments offer services similar to an [alternative birth center].”  (He gets it; he really gets it!)

He goes on to say: “The presence of a mid-wife does not transform a hospital into an alternative birth center.  While the hospitals claim to offer similar services, the fact is that an attempt to honor the birth plans of pregnant women and allow for low-intervention births cannot truly be equated with the services provided by an alternative birth center.  At an alternative birth center the mother is provided with an alternative birth experience that is very different from the services and care and setting a hospital can provide—even one attempting to honor the birth plan of the mother….. Furthermore, unlike the hospitals, an alternative birthing center does not provide traditional delivery services and grant a low intervention birth plan exception for some of the women at their request.  An Alternative Birth Center can only provide alternative birthing services for women with uncomplicated pregnancies.”

Shepherd 2

The circuit court said that opposition’s argument “essentially boils down to the conclusion that all women would be better served by having their babies in traditional birthing facilities operated by hospitals or other licensed providers.  Under the Cabinet’s final ruling, a woman who wants the services of an alternative birth center (as defined in Kentucky administrative regulations) is simply out of luck.  She can go to another state.”

Kentucky women don’t want to go to another state. ​And we shouldn’t have to when we can have high-quality, low-cost, respectful maternity care right here.  All it will take is a little birth-monopoly-busting.

Susan Jenkins is a lawyer who has represented birth centers, including the American Association of Birth Centers, for many years.  She called this a “David vs. Goliath victory against powerful hospital interests, based on a careful and well-reasoned analysis of Kentucky’s Certificate of Need law from both a legal and a policy perspective.” And: “In finding that hospitals do not meet the state legal standards to qualify as ‘affected parties,’ the court captured the essence of the differences between the ‘hospital-medical model of care’ versus the ‘birth center-midwife model of care.’”

This is a great victory, not only for birth centers but, more important, for the women and families of Kentucky, who will no longer be barred from access to birth centers by the anti-competitive activities of hospitals.  If this decision is appealed, consumers must unite to make their voices heard in the legislature and the governor’s office, as well as in the courts.  Let’s make sure this victory sticks!

If you’d like to get involved–​and you should!–​join up with ​the birth center​​’s Facebook page here.

Feb. 27 update: Comment from Mary Carol Akers

“I thank God, and I believe my 25 years as an active duty Army nurse informs my willingness to do the right thing even when it is the difficult or “hard right” thing to do.  I assert strategic planning, tenacious yet flexible application of the plan, and continual communication of the goals of the campaign are essential to create change.  The advocacy for the rights and autonomy of women, the belief in the physiology of normal birth and in the principle of freedom and justice in the United States of America (which I served for a quarter of a century) are the hallmarks of the ethos that draws me to this cause.

“I have always prayed to God to let me be His hands in the world.  It is not my doing, but His work through me…  My years of service to Him and to our country gave me the experience I needed to get this far.  We are not finished.  There is much to do still, but we are making headway at last!”

Cristen Pascucci (About the Author, Consult with the Author, Resources from the Author)
BirthMonopoly.com

Cristen Pascucci (About the Author, Consult with the Author) BirthMonopoly.com – See more at: http://birthmonopoly.com/midwives/#sthash.o93abxnB.dpuf

Download a printable PDF of this article here at Gumroad.  You can also use PayPal here (to pay $2) or here (to pay $10).


 

“You’re Not Allowed to Not Allow Me” is one of the essays in Take Back Your Birth, a 30-page eBook by Cristen Pascucci written to inspire and inform moms. It can be given as a gift to to-be mothers and is also appropriate for professionals to use with their clients.Click here to get yours!

Take Back Your Birth is balanced, informative (evidence-based), simple and to-the-point, as well as encouraging and inspiring…all the while carrying a lighthearted and compassionate tone.” – Rachael Hutchins, Doula Rachael Birth Services, Woodstock, Georgia

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Iowa Birth Monopoly: Hospitals Block Birth Center

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A midwife from Iowa sent me a note after I published “Kentucky Birth Monopoly: Begging for Birth Centers,” in which I shared the laudable decision of a circuit court judge to reject three Kentucky hospitals’ argument that a birth center was unnecessary–and his determination that the hospitals don’t have standing to bar their competition from entering the market.

She wrote to share that they’d gone through a very similar process in Iowa, but the outcome for them wasn’t as good.

In both states, there is a Certificate of Need (CON) process that creates a state exemption from competition for healthcare facilities.  New facilities must obtain a CON from the state in order to move forward, and existing market players are allowed to weigh in on whether or not new facilities are needed and deserve a certificate.  It gives the folks already in business the power to effectively block expansion of the marketplace–or, put another way, to maintain a monopoly.

It’s an outdated concept in a time when we understand that competition can be very good for healthcare.  It’s especially outdated in maternity care, where a chokehold on the market by hospital-based facilities means that the majority of the population has access to only one type of care: a high-intervention, institutional model that is inappropriate for and even harmful to the majority of healthy women.  Putting hospitals and birth centers together in the same category in this process reflects a fundamental misunderstanding of the very different model of care and services delivered by birth centers and hospitals.

Here is the message from the midwife:

I have to share with you why this story tugged at my heart…. I am a nurse midwife who has been in practice for 28 years…(much like Ms. Akers [the midwife fighting to open a Kentucky birth center]). In the state of Iowa, one must also go through a CON process to establish a free standing birth center. Iowa currently has ONE free standing birth center, located in Des Moines, Iowa.

I work at a Federally Qualified Health Center [a community-based clinic that provides health care, dental care, mental health care, and substance abuse care to people, regardless of their ability to pay], where we enroll approximately 140 women each year into prenatal care. The local hospitals have denied any privileges for Certified Nurse Midwives (CNMs) to care for our maternity patients, so we end up having to transfer the care of our moms over to family practice doctors in the third trimester.  Our moms want midwife care, and certainly want to stay with the CNMs they know all through the pregnancy and birth.

We presented our application to establish a free standing birth center, functioning out of the same building as our health center. We met all of the criteria that was asked of in the application. We knew we would have opposition from the 3 hospitals in our county, and boy, did we. The hospitals paid for lawyers, and got every business in town to write opposing letters; hospital employees, and even the state legislators were asked to write opposing letters.

We had good support, but as you might guess, our letters were from the hundreds of families who dearly wanted to have this option available to them. We also had good letters from the Iowa section of the American College of Obstetricians and Gynecologists, nursing schools, and other family oriented businesses.

On the day of our hearing, which took place April 14, 2014,  we took a bus with over 40 support people, in addition to our presenters. Our presenters included one CNM, our attorney we hired (as an expert in CON cases), the director for our health center, a representative from the Iowa Primary Care Association (IPCA), and a  nurse midwife/expert who is a past president of the American Association of Birth Centers.

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The opposition was the three hospital CEOs, their lawyer, a surgeon, a family practice doctor, a nurse who works in quality care for one of the hospitals, and the Chief Financial Officer for one of the hospitals. It was an unfortunate day for us, as the hearing was biased and unfair.  We did not get to present all of our material; we were cut off, and it was clear that someone had talked to the chair person of the CON panel of five… He was clear in his bias and even hostile.  At one point, he attempted to cut off one of our presenters (the gentleman from the IPCA), asking if he was going to hear “more pablum” from him [From Cristen: I had to look this up.  It’s the name of an infant food, and also used to characterize “overly bland,” “worthless or oversimplified ideas.”].  Meanwhile, the opposing panel with their seven presenters went on and on and on, and were not cut off or asked to stop. We did not get a fair chance at rebuttal (with the chairperson curtailing discussion, to call for a vote)…

So, in the end we were denied our certificate by a vote of 4-1. The main reasons for the denial were 1) The three hospitals already provided birth services: the panel did not understand the fact that this was a midwife model of care and NOT the same as what the hospitals offered;  2) The family doctors in the area would have difficulty recruiting new partners if there was a birth center running (because the doctors’ needs are more important than families’?); and 3) It is not safe……They made this determination without even looking at the research, including the most recent large birth center study showing impeccable outcomes–better than hospitals’, in many cases.  [This first point was roundly rejected by Kentucky’s Judge J. Phillip Shepherd in his February 2015 decision linked to here: “The Court is persuaded by the argument advanced by the Petitioner, specifically, that a hospital-based birth experience is not enough like an alternative birth experience to be considered similar.  While there may be some overlap in the services provided, the varying methods and settings have significant differences and it is a stretch to claim that traditional hospitals providing only hospital-based birthing environments offer services similar to an [alternative birth center].”]

It was devastating…probably one of the worst days of my life. We appealed the decision, according to laws in the state of Iowa. I am sad to say that the judge presiding over our appeal case sided with the first panel, saying that they had been given the discretion to make their decision. So, no birth center for Northwest Iowa.

When I read the Kentucky case, I was drawn to how closely it mirrored our case. I wish this had come out about five months earlier, so it could have been referenced to in our appeal…  And oh, how I wish we could have had a judge WHO GETS IT!!  The option we have now is to start all over again, and re-apply. We are not going in that direction at the moment, since it was very expensive, and we feel that we would not advance in our quest with the same people who are serving on the CON panel. What we needed was a judge like Mr. Shepherd to overturn the decision and grant us the CON.

You see why this breaking news has such relevance for me, personally, and for Northwest Iowa.

I so appreciate the work you are doing, Cristen, with Birth Monopoly…and the workings of Improving Birth, Evidence Based Birth, and all of the other organizations that are out there working hard to make a difference! I feel like we are all getting a foot in the door, or maybe a toe in the door…We need to keep working on this.  All of us.

Thank you for taking the time to read my story. I will continue to work towards better births and better informed consumers of health care.  Hoping that you will be making visits to an area closer to me in the near future.

Belinda Lassen, CNM
Sioux Center, Iowa

A couple of suggestions the folks in Iowa (or anywhere else) might try, from an experienced lawyer–the former general counsel for the American Association of Birth Centers (AABC):

1.  Go get the law changed.  As an example, from the former AABC lawyer: “When my client first decided to open a birth center, the state agency that licensed birth centers required a medical director and other impossible-to-meet criteria for licensing (in addition to the Certificate of Need hurdle).  The agency didn’t care what the law said and told us that, even if we amended the law, they wouldn’t back down on these requirements.  So, we got some friendly legislators to pass a law to repeal the birth center licensing law, and allow birth centers to operate without a license.  We even got AABC to support that move, because the licensing law was so strict and the agency refused to change even if we got a more liberal law.  We won.  We got a lot of Republicans to join with us on getting rid of overly-restrictive state regulation and the law was repealed.  Organize all her supporters, the midwives, lots of other groups, and work for repeal.  The FTC will almost certainly file comments in support of her position and it will open up on important dialogue.”

2.  Threaten the hospitals with an antitrust lawsuit.  Threaten to file a complaint with the Federal Trade Commission (FTC).  The hospitals might claim, in their defense, that they were participating in a government agency process, but, per my lawyer friend, the FTC is looking to narrow this defense.  In fact, it was this defense that allowed the hospitals to do such an anticompetitive thing and think they could get away with it. Here is a link to the FTC’s thoughts, as of 2006, on limiting the defense, called the Noerr-Pennington defense, after two Supreme Court cases that first articulated it.  And here is the FTC study on what is wrong with CON laws.

If you’d like to get involved in Iowa, contact the Iowa Birth Organization here.

UPDATE: I received the following message by email shortly after publishing this article:

“I just wanted to send you a private note instead of a public comment….  I had a C-section with my first baby and a VBAC with my second.  I believe I would not have had a C-section with my first if I had had a midwife.  I read your article about the monopoly.  The point made about the doctors’ livelihood is spot on.  I have a family member who is a doctor in Sioux Center, Iowa, and he has said if there is a birth center his practice at the hospital would be ruined.  We have had so many arguments about this and I feel this story.”

Cristen Pascucci (About the Author, Consult with the Author, Resources from the Author)
Founder, Birth Monopoly
Vice President, Improving Birth

Cristen Pascucci (About the Author, Consult with the Author) BirthMonopoly.com – See more at: http://birthmonopoly.com/midwives/#sthash.o93abxnB.dpuf

Every dollar you give supports my work on behalf of mothers and babies.  I offer most of these materials free for a limited time, with optional donations.  I ask those who are able to give to please do so, to allow me to continue to make free and low-cost resources accessible to everyone.

More about Cristen here.

- See more at: http://birthmonopoly.com/resources/#sthash.7n3imbz4.dpuf

 

Every dollar you give supports my work on behalf of mothers and babies.  I offer most of these materials free for a limited time, with optional donations.  I ask those who are able to give to please do so, to allow me to continue to make free and low-cost resources accessible to everyone.

More about Cristen here.

- See more at: http://birthmonopoly.com/resources/#sthash.7n3imbz4.dpuf

“You’re Not Allowed to Not Allow Me” is one of the essays in Take Back Your Birth, a 30-page eBook by Cristen Pascucci written to inspire and inform moms. It can be given as a gift to to-be mothers and is also appropriate for professionals to use with their clients.Click here to get yours!

Take Back Your Birth is balanced, informative (evidence-based), simple and to-the-point, as well as encouraging and inspiring…all the while carrying a lighthearted and compassionate tone.” – Rachael Hutchins, Doula Rachael Birth Services, Woodstock, Georgia

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Truth & Not Truth on Kentucky’s SB85 to License Midwives

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The stunningly inaccurate information about SB85 (a bill to license Certified Professional Midwives) from the Kentucky Medical Association:

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The truth about SB85 from the Kentucky Home Birth Coalition:

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And then there’s this, regarding the Kentucky Hospital Association’s assertions about SB85:

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Read more about how Kentucky’s medical associations are doing their best to protect their monopoly on birth, here

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