A Cesarean Consent Form for the OB to Sign

May 24th 2009

The following consent form was developed by a mother* after repeatedly being denied VBAC care by the Obsetricians in her area.  This woman's brilliance and tenacity astounds me.  Would your OB think differently if he/she were on the receiving end of one of these consent forms?  Very likely.

I, the undersigned physician, have, in violation of the Consumer Bill of Rights and Responsibilities, the Emergency Medical Treatment and Active Labor Act, the Patient Self Determination Act, the ethical guidelines of the American Medical Association and the American College of Obstetricians and Gynecologists, Constitutional Law (the right to privacy and self determination protected by the 1st and 14th amendments), international tort law, and case law (of particular interest "In re A.C.", 1987, "In re Fetus Brown, 689 N.E.2d 397, 400 (Ill. App. Ct. 1997)", and "In re Baby Boy Doe, 632 N.E.2d 326 (Ill. App. Ct. 1994)") and the Patient Rights as determined by this institution, deprived my client,________________, of her right to self determination and her right to bodily integrity by ignoring her repeated refusal for delivery by repeat cesarean section. I acknowledge that by refusing to honor my client's denial of consent, I have not only violated the above laws, but I also affirm that I have used unwarranted and unethical pressure including emotional threats to my client's and her unborn child's life and safety, in my attempts to obtain such consent. I further affirm that I have stressed the risks of vaginal birth after cesarean, but neglected to inform my patient of the risks of delivery by repeat cesarean section. I further affirm that I understand, that should I resort to physical force, including but not limited to physical or chemical restraints, to compel my client's cooperation, I will be guilty of criminal battery, which is defined as "any form of non-consensual touching or treatment that occurs in a medical setting".

In compensation for the above violations of my client's rights, I hereby guarantee the following:

  • a healthy baby, born in perfect condition, with no physical, mental or developmental defecits whatsoever, whether arising from surgery or any other cause
  • no complications for the infant, including but not limited to: persistent pulmonary hypertension, transient tachypnea of the newborn, respiratory distress syndrome, iatrogenic prematurity, lacerations, or hematoma
  • a speedy, uncomplicated post-operative recovery for my client. Specifically, I guarantee that my client shall not experience nerve damage, organ damage, hemorrhage (whether sufficient to require transfusion or not), disability or disfigurement, intraoperative or postoperative infection of the wound or surrounding skin and tissues, post partum depression and post partum post traumatic stress disorder (PTSD), and other conditions not listed here.

Signed,

_______________________________________________

*with a blessing from the author, please feel free to use, distribute, or copy this form with the instructions below

For internet posts please link back to the author here: http://gisellestotalwasteofbandwidth.blogspot.com/2009/05/different-kind-of-consent-form.html

For use in the classroom setting or other print-out, please credit "T.G. Perg".

And don't forget to leave plenty of kudos and Thank You's in the comments section below for the author of this brilliant consent form.

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Hey Gina- I just followed this link from a HS classmate on Facebook- I saw your blog name and thought, "Wow- I think that's Gina." You must have a big following now!
Katy (from ivillage)

You should tell him he'll lose his house when the next patient he forces into a cesarean sues him for criminal battery. That's more than a lawsuit - that's jail time, son!

I was lucky enough to find my VBAC-willing doc after the first doctor I met with told me "I refuse to lose my house over a patient". I wish I'd had this form to shove into that asshole's face.

You, you, you - it was all you. You get 100% of the credit for finding this one for me!

Ahem. And which of your fabulous imaginary friends in the computer directed you to this little gem and that wonderful blogger? AHEM. :-)

i'll just link directly to your site. thanks.

Awe, thanks. *blush*

Well that is absolutely brilliant. If only there were a way to send this out to all of the VBAC-denying obstetricians out there. It is direct, creative, well-informed, and altogether awesome, and it gets the message across *very* effectively, in my humble opinion.
And FeministBreeder: I just came across your blog today, and it is chock full of gems such as this one. Thank you!

Both of these forms are awesome. What's sad is that this should be standard practice as opposed to the rarity that causes women like us to resort to great lengths in order to birth our way (the way nature intended). I'm absolutely using this for my next (if) birth. I only wish I had had this for my first birth.

wonderful! just love it.. here is another doc created after some hospitals threatened to call CPS and get court orders when laboring women refused various procedures & treatments in our area. This document was created with the input of an attorney, midwives, OB's and parents, enjoy, share & use freely.
check out www.birthactioncoalition.com
MY CHILDBIRTH DECLARATION
I, ___________________________, declare this document to be my statement of parental decisions and healthcare choices in the birth of my child. “You” indicates all hospital staff, as well as my primary care provider.
I have given great consideration to the choices that will govern not only my well being, but the well being of my child. It is my expressed belief that I am the best decision maker regarding the birth of my child and take full responsibility for the outcome of my choices. I expect you to honor my parental decisions and healthcare choices.
My choices in the birth of my child are made in part on my awareness that childbirth is a normal healthy state and a normal healthy process which does not require complicated medical interventions, procedures and medications for the majority of women. Should circumstances arise which effect the normal process of birth, I acknowledge that medical intervention may be useful when used appropriately to my specific needs. When you are suggesting an intervention to me, I expect to be provided with all of the risks, benefits and necessary related procedures that accompany what you are suggesting.
Whenever my parental decisions and healthcare choices conflict with your advice, policies or procedures, I expect that you will be respectful to me when presenting alternatives. In presenting these options to me, I expect that you will fully inform and disclose to me why the alternative you are advocating should be used, including, not limited to, policy reasons, medical reasons, or any other reasons that are affecting the advice you are giving.
I hereby retain my fundamental right to refusal of any procedure, and am willing to sign any waiver that this hospital may require.
My specific decisions and choices are attached.
Dated: ___________
Name: Signature:

As a L&D nurse who works in one of the only hospitals in a three hour radius that will "do" VBACs, I have had many patients have to travel HOURS to switch OBs in order to have the VBAC opportunity they want and are entitled too. The ones that can't end up with unnecessary surgery. Right now I am giving a STANDING ROUND OF APPLAUSE for this mother who wrote this. It is not only well written but just downright AMAZING! You rock! Thanks to FeministBreeder for posting about it!
~Melissa
www.nursingbirth.com

Hi! Just wanted to say that I just found your blog and really liked it! Keep up the good work!
Diana

What a badass piece of paper. I'm writing a blog now on C-sections and I'm going to include this. Some of my favorite readers are v. proud VBAC mamas. But they had to practically go criminal to do it their way (one went over the border into another state at her midwife's house). They would so appreciate this!

Wow. Thanks, guys. No, I'm not a lawyer, I'm a mom and a former practicing RN. I just write better when I'm pissed off, and I guess you can tell how angry I was when I wrote that. You can repost it anywhere you like, use it for any class you like, or (Please, G-d!) Hand it to your own obstetrician! I don't have to remain strictly anonymous, and I'm sorry that I didn't make that perfectly clear when I allowed this to be reposted here. It's just that originally I wrote it with my full legal name instead of the blank line, and decided that was a bad idea to be floating around everywhere. If you use it on the internet, please just link back to my original post at http://gisellestotalwasteofbandwidth.blogspot.com/2009/05/different-kind-of-consent-form.html
If you copy it for a class, I don't really know. I never thought about it being used for that. I guess just initials and last name is okay: T.G. Perg. If you hand it to your own obstetrcian, obviously, I will absolutely love it, but since I'm not a lawyer I don't know what will happen. I plan on running this by a family law attorney at some point in the next eight months.

I love this!! I have the same question- can I use it? - how to credit etc.
Received the link from the local ICAN group. It is brilliant.

Yeah, I want a copy for my birth class. How can I do the same - attribute appropriately? SO WELL SAID.

OMFG, I LOVE THIS! I just posted a link to it on my ICAN group.
Wow.
My jaw is still on the floor. I LOVE IT!
Go, girl!

I'm not sure, but I'll ask her!

i LOVE this!! will she allow this to be re-posted in other places? and if so, how do i credit her but allow her to remain anonymous?

That is brilliant. I retweeted it from my other Twitter. :-)

So wonderful! I bet she is a lawyer!