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Because politics matter!

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[Oct. 5th, 2006|07:59 am]
Because politics matter!

healthpolitics

[pert_embrace]
Hey everyone, I'm new here!

My main interests in regard to politics are birth politics- rights of a laboring or pregnant woman, availability of homebirth services, etc. I'm also interested in rights of parents to make medical decisions regarding their children's health.

My background- I'm a SAH momma to one boy (who is nearly 3), and soon to be momma of a little girl, who is due next week. No real educational/professional background to speak of at the moment, though I will be attending school online in a few months (I'd like to major in journalism, but can't find a legit school online). I'm somewhat of a soft-spoken natural childbirth and breastfeeding activist. By "soft-spoken" I mean that I try to inform people who are interested, but I don't like to push my ideas on anyone.

OK, so I do have a question that I am hoping someone will be able to help me out with. I have a friend who was given an unnecessary episitomy during birth, even though she was vocal about not wanting one. I know that patients have a right to refuse any medical treatment they deem unnecessary. If she's able to prove that it was unnecessary (probably by having a different OB examine her charts), what legal actions could she take against this OB? Someone has mentioned assault, and the EMTALA came into my mind, but I haven't been able to find anything about it online.
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Comments:
[User Picture]From: muliebrity
2006-10-05 04:22 pm (UTC)
You might have better luck with this question in law_questions.
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From: therealbird
2006-10-05 05:41 pm (UTC)
Welcome! Thanks for coming by.
I don't know very much about the legalities of episiotomy, but it would probably be very difficult for your friend to win in court. The doctor would say something to the effect of it being "medically necessary" and that the episiotomy prevented tearing that would have been more damaging... But she could definitely write a letter of complaint to the hospital and seek the advice of a lawyer.
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[User Picture]From: pert_embrace
2006-10-05 06:17 pm (UTC)
I've seen numerous citations to studies that claim that episiotomies increase the chances of tearing, and are seldom medically necessary. Do you think that, as well as testimony from another OB (who reviews the charts) would increase her chances of winning? I'm not sure if she's even going to sue, as she *did* just have a baby, but I'm waiting for her reply.
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