WOW I can't believe this..How do you fight this?

I live in a rual area with no midwives or birthing center and only three OBGYN practices. My hospital does not have an official VBAC ban but none of the physicians will perform one. Someone from ICAN had spoken with my hospital and they stated that if a women who had a privious ceserian were to come in and refuse consent that they would call a judge at 2:00 in the morning if they had to and that they haven't had a judge yet refuse their request for a court order. Aparently this has happened before. So what rights do I have. I really don't want to have yet another unessesary C-secion. How do you fight a physicians policy to refuse VBACS? And thank you for answering I am very very new to this site :)

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Somehow, somewhere, women need to start suing Drs for restriction of human rights, or uneccessery caesareans. There must me some legal way to hit them in the pocket for the abuse of womens rights - but it seems the Drs club in the US is so strong - you would need a willing, capable and amazing lawyer to help.
I dont know how to tackle the problem of judges ordering CS. Educating them as to when and to whom CS is a matter to pass law is difficult. Not until a man is forced to having an uneccessery procedure by a court will they get it - it is always women. Enforced contraception to mentally ill or educationally challenged women, enforced abortions or adoptions to young mothers, institutionalisation for 'hysterical' women...Always women forced to do something by predominately male professions.
On a personal level for you - I dont know what to suggest. Is going to a nearby town to access a midwife or willing OB an option?
Jane
Closest is about an our away in the next state which I could look into that option I think my biggest concern is that not every one has that option and I don't think any women should be forced into surgery. I guess that I was just so discusted that they would actually get a court order.
It makes me sad and angry that this could happen in our country. A woman can chose to have a c-section like she's scheduling a lunch date, but cannot make the same choice for herself when it comes to refusal of a repeat section.

I don't have any great advice for you, but I wanted to say that I hope you work something out and have the birth that you desire. To be forced to have a major surgery, not to mention, be forced to bear the added financial responsibility of a c-section seems unfathomable to me.
The problem here is that there is another life involved (ie the baby), so the courts and md's see this as a very reasonable thing to do. I would write your hospital administrator with your complaints. Let them know how you feel and why you feel the way you do. I would also get anyone you know in your area who is willing to do the same. Chances are, you won't be able to change your situation, but people need to know that there is a problem here. Also, ask your physicians to present hard data to you on why they won't and present some of your own. Check out ican.com for some info. For you, you might have to go to the next state. It's upsetting, but make yoru voice heard as much as you can. Really, you have all the research in the world on your side. Good luck, Rachel
Honestly, if I were you I would run as fast and as far away from that hospital as possible. If someone told you they would call a judge (which is a threat) over the phone, there is NO WAY you are going to have autonomy at that hospital.

I would either travel to the hospital an hour away or look into a homebirth midwife that will travel to you.

I agree that you should work to change things (write letters to the administrator, etc.) but I would not take the risk of delivering there. If they think you are a squeekly wheel they might treat you badly.
I would also write to the newspapers and contact the local radio and television stations. Human rights are a pretty hot topic, they may be wiling to publish your story. The more attention it gets, the more likely you are to change things. Power in numbers.
This is your body, you have the right to be treated fairly. You and your baby deserve the BEST care possible, and they are not offering the best care.
Find out why they don't offer vbacs, do research and let it and the experts speak for you. Defintiely make some noise.
Honestly, no matter if there is a VBAC ban or not, you can refuse surgery!!! Labor at home as long as possible, then go to the hospital and continue to labor. Hire a doula that will help you "fight" for your rights. Fighting in labor sucks, and its ridiculous, but if you cant find a VBAC friendly OB or hospital, and thats what you believe to be the safest birth for you and your child, then DO IT! Refuse surgery, dont show up for a scheduled repeat c/s. I had one scheduled and I didnt show up. Did they come to my home, handcuff me and bring me back to the hospital to have a csection?! LOL HELL NO!! I did end up going back in 2 wks later for an induction and ended up with a failed VBAC (failure to progress) but if I knew what i know now, things would have been different. I'm pregnant AGAIN due in March 2010 and now its either homebirth with a midwife or a birth center with a midwife for me. That is the best thing for me. I dont want to fight in labor and if it takes me 2 days of labor, then so be it. As long as baby is not in distress. I will transfer if there is an emergency but I will never go back to a hospital to "give birth" ever again!
Thank you all for your feedback!!
This is a terrible violation of basic human rights. Marsden Wagner's book Born in the USA addresses this problem. Apparently this tactic has been used to bully lots of women into having c-sections they did not want. There was one case (see the book for details) where the plan backfired -- both mom and baby died as a result of the c-section. Because he had told the judge that the c-section was the only way to save the baby, the doctor was at fault for the deaths.

Even if the c-section WERE the only way to save the baby, the law in our country dictates that he mother's life takes precedence over the baby's. Her life cannot be endangered to save the baby's unless she consents.

In the example from the book, Wagner says that doctors in that community no longer pursue court orders because of this case. I wonder whether doctors in other parts of the country would still threaten court ordered c-sections if they knew they were liable for surgery complications.
Where do you live? Several Women's Law Centers, specifically in the midwest & pacific Northwest, are looking to represent someone in your situation to help avoid a c/s and fight these terrible hospital policies.

Please read this article, 50 Ways to Protest a VBAC Denial.

http://www.midwiferytoday.com/articles/50ways_VBAC.asp

Re: Sheila's comment- there was a case where the hospital got a court-order, the police came to a woman's house who was attempting a VBAC and handcuffed her into an ambulance, took her to the hospital and forced the surgery (this happened in Florida).

Also, in a recent NJ case a woman was reported to child protective services for refusing to sign a c/s consent form and eventually lost parental rights to her child.

PLEASE do not use a provider who has already threatened you.

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