VBAC Access is a Human Rights Issue

Mar 06th 2010

Despite mounting medical evidence to the contrary, women around this country are being told that if they want to have a child after they’ve had a cesarean, they must undergo another cesarean delivery for the birth of their next baby.  Though the cesarean may be unwarranted and unwanted, these women are often left without any choice but to have this major abdominal surgery for no other reason than a paper policy written by a hospital administration who has never met, nor treated these women.  However, according to the AMA, the ACOG, and the letter of law, forcing a woman to have repeat cesarean is unethical, unprofessional, and unlawful.

How is it, then, that some hospitals have found it within their right to “ban” women from birthing babies through their own vaginas?  Why are some hospitals telling women they will not provide them with treatment unless they agree to a cesarean delivery, as opposed to a vaginal delivery? According to the Emergency Medical Treatment and Active Labor Act (EMTALA), any hospital participating in the Medicare and Medicaid program (which is most) cannot refuse treatment to a woman in active labor, even a woman refusing surgery.   The law simply does not support bans on vaginal birth.   Women do not forfeit the right to make their own medical decisions when they become pregnant.  On the contrary, they carry the responsibility of making medical decisions for the benefit of themselves, and their unborn child(ren.)

Aside from the medicolegal problems with forcing a woman into surgery, one must wonder about the ethical and moral significance of denying a women her own basic biological function.  Many women feel a tremendous sense of loss, violation, or defeat if they are unable to experience the birthing of their baby on their own terms.  These women can develop such a fear of repeating that experience that they stop having children.  Many women choose to birth future children outside the hospital to circumvent the system all together. Whatever their decision, many mothers felt they had little say in the matter because their hospital or provider could not be trusted to respect their wishes.  Some mothers say their choice might have been different if they knew a hospital could support their basic human right to bodily integrity.

Our Supreme Court upholds the right for a woman to choose whether or not she carries a pregnancy, and that same autonomy should be afforded to the manner in which she delivers her child.  At the end of the day, the woman (and her baby) live with the outcome of any delivery.  It is her body.  Her baby.  Her choice.

In a civilized society like ours, no woman should feel that she has been forced under a knife.  Women are human beings, and human beings in this country have the right to keep people out of their body.  If providers want to be taken seriously, they need to start taking their patient’s human rights seriously as well.

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If VBAC access is important to you, call in to The Feminist Breeder & Friends Radio Show Sunday night at 10 PM Eastern time to have your voice heard.  Special guests Desirre Andrews, President of ICAN, and Michele Demont, creator of Birthcut.com, will help me kick off my coverage of the National Institute of Health’s conference on Vaginal Birth After Cesarean.

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Following a c-section for my first child, I was actively encouraged to have a VBAC for my second (and was in fact made to feel I was being actively annoying because I wanted another c-section) and here in the UK I think that attitude is now pretty common in most hospitals. It's all to do with money over here too, tho - a c-section costs the NHS way more than a VBAC. Over here, lots of people are complaining about the increase in c-section rates - those 'people' being the government, who, again for financial reasons, are pressuring hospitals to bring the rates down.

@jeepjunkie I suggest you read this article if you are concerned about the rate of uterine rupture. http://www.mayoclinic.com/health/vbac/VB99999/PAGE...

and a d&c poses a similar risk for uterine rupture. http://www.empowher.com/media/reference/dilation-a...

What about the risk factors of repeat c-sections??? Or even the first c-section? Maybe people should stop having kids altogether just in case something goes wrong? No-one would ever leave the house with that mentality! http://en.wikipedia.org/wiki/Caesarean_section

VBAC safety vs Rpt C/S safety
http://www.mayoclinic.com/health/vbac/VB99999/PAGE...

I helped a woman birth her baby yesterday by VBAC. It was a lovely straightforward birth, The only analgesia she used was gas (and even then it was barely used), baby came out screaming, everything was perfect! It happens, and I get to see it frequently because the hospital I work in (even though it is a tertiary level hospital) allows VBACs, encourages them even.

Good luck to all who consider VBAC and are ALLOWED to give it a go.

This is near and dear to my heart as I just moved to a community with a ban on VBAC's. Blech. It's so politically and financially motivated. Anyway, I don't have anything new to say but am so glad I found you! I'll be back :)
.-= Alana´s last blog ..Sunshine =-.

Amen to this! I am pregnant with my second child and am planning on having a VBAC. My first daughter was born via emergency c-section. I do realize c-sections are sometimes necessary. Upon finding out we were pregnant this time, I visited the OB that delivered my daughter. He concluded that I am a "perfect candidate" for VBAC however, he would want to induce me early. Red flag! I couldn't help but feel like I was being set up for another c-section camouflaged by the pretend support for my wishes. I shouldn't have to battle with my healthcare provider about what to do with my body when it's clear that I am perfectly capable to deliver a child vaginally. I did my research and found a midwife and OB who feel that every woman should have a chance to let her body do what it was made to do. The hospital where I delivered my daughter does not allow midwives to deliver VBACs. "Policy." Therefore, I am traveling about 50 miles to a hospital known for their support of a more natural approach to childbirth. C-sections are MAJOR surgery and the rates are up but no one is complaining about it so it doesn't seem like a big deal.@jeepjunkie23
, yes, uterine rupture is a risk, but the risk is low for patients who are healthy and have previous transverse incisions. And the scope of "rupture" is very wide. A rupture is not always severe. And you increase your risk of rupture by being induced and forcing labor. VBAC is a healthier and safer option over major abdominal surgery and there is much less risk for infection.
I realize there is a chance that while pursuing VBAC I will have another c-section with this baby, but I will know that I was given the choice and fair chance to at least try to let my body do its thing. And, after I deliver I will be able to lift my toddler up so she can meet her sweet baby brother or sister rather than doing nothing for two weeks while my 10-inch incision heals.
The process of carrying, laboring, and delivering a child is so very personal. And there is no way to plan a "perfect birth" but I strongly believe every woman should have a choice in how her body is handled during that time. I respect the medical field and doctors, however, I do believe that some medical professionals take advantage of their "authority" when it comes to their convenience, paychecks and liability.

Thought this article in today's New York Times would interest you. It discusses a hospital that does a higher rate of VBACs, mostly because they have midwives and docs who are paid via salary instead of by the procedure, and don't have private insurance to deal with:

Lessons at Indian Hospital About Births

http://www.nytimes.com/2010/03/07/health/07birth.h...

I believe the reason VBAC's are so discouraged are because of the possibility of a ruptured uterus due to the previous C-section scaring, if your uterus ruptures it can result in severe blood loss and oxygen deprivation for the baby. If your uterus ruptures it can lead to severe neurological defects for both mom and baby or even death. Doctors prefer to avoid these medical problems for obvious reasons, if you think they encourage c-sections because they don't care about their patients I believe it's just the opposite, who would want something like that to happen to their patients under their care. You can not predict if a uterus will rupture and if you will have any sort of medical problems. Why not err on the side of caution and encourage your chances of having a healthy baby and mommy by having the c-section? I have seen many moms who wanted to have a VBAC and the outcome didn't turn out well and it's at no fault of the doctor. There is a big misconception that your not really a mother if you don't have a vaginal birth or your missing out on something if you don't deliver vaginally. However you have the baby doesn't matter what matters is that everyone is healthy and happy!

I think we should make this into a letter, and mail it to every single congress man and woman, Obama, Biden, state senators, state house members, governors, everyone!

I am so glad that you are providing this information to women. I think the situation is a little better in Canada, in terms of VBAC availability, although HBAC can be a little hard. But since I've never had a C-section myself I don't really know for certain. Regardless, women need to know their rights so that they can have their best birth possible. That's really what it's about - empowering women and attending to them as whole people, not as pathologies or risk factors.
.-= Amber´s last blog ..Maternity Leave in Maple Ridge =-.

I will be calling in Sunday night!
.-= Danielle´s last blog ..Barbara Harper on the Momotics Radio Show =-.

I had a feeling this was going to be a great post when I saw the title on Twitter. :-)

I think it's an especially fantastic post since lots of women don't even know that their legal rights are being denied when they face VBAC bans. Way to empower birthing women!!!
.-= Kristen´s last blog ..For Those Who Deny That VBAC is a Vital Option =-.

This is the most awesome post I've ever read. It says all the things I wrote about in my "Cesarean consent form" last summer, but it's not as ranty.

My first born was a emergency cesarean which I now believe was unnecessary but as I was a first time mum who really didn't know any better I went with what they told me to do rather than ask questions or for more options.

When I got pregnant for the second time I started asking questions, I had done my research and knew I wanted a active birth so I started ringing around midwifes.

While in New Zealand it is unlikely you'll find a hospital that has banned VBACs you can not go to a birthing centre and you have to follow the hospitals policies/procedures if you want to birth there which means no water birth and constant monitoring, this means most women trying for a VBAC in the hospital will end up flat on their back on a bed hooked up to machines.
Due to the cascade of intervention most of these women still end up having a second c-section so my solution to this problem... don't go to hospital at all.

There are a LOT of homebirthing midwifes in New Zealand and HBACs (home birth after cesarean) are very common for them. I did end up miscarrying that pregnancy but I'm now in my 3rd trimester and still planning a homebirth.

I found it interesting that any hospital that receives federal funding is out of compliance with the federal government if they ban VBAC (thanks for the link to legal FAQ's on ICAN :-). I guess that is why my local hospital doesn't use the word "BAN" they use the phrasing "VBACs are discouraged at our facility."

Good for you! Good luck! We tried water, but, oddly, I was too uncomfortable. I needed to walk around.
.-= nan´s last blog ..Green Building Recap 3.5.10 =-.

@feministbreeder that would be an awesome birth :) I want something similar for my next birth (not that I'm planning any yet).

@nan thats excellent!

NBAC clinic - http://www.kemh.health.wa.gov.au/services/NBAC/ind...

@Lisa - of course it's okay! It could help some Aussies who read my blog.

@Nan - I love your story. I plan to birth my next baby in a tub in the nursery. :)

I'm in Perth, Western Australia, so probably a little far :) I was going to give the link for the NBAC clinic, but wasn't sure if that was ok?

My first daughter was an 'emergency' c-section. I started labor with a group of midwives, but they risked me out to the hospital, to a doctor I had never met. Twelve hours later, I was being anesthetized.

Three years later, I was pregnant again. The same midwives wanted me to be their first VBAC. I said no. I was sure they'd send me to the hospital again if I didn't progress according to their needs. I wasn't taking that chance.

We moved to another state where a midwife friend of ours lived, and where there were few rules. We went to the clinic and made them think we were going to have the baby at the hospital. At the same time, we did check-ups and made plans with the midwife. The clinic doctor and hospital would be our back-up in the event we needed it.

After a long labor, I birthed a baby girl right on the living room couch. We went to the clinic the next day, because I had a tear. They were shocked we birthed at home! They were pissed, but it was too late........

"If someone can VBAC and wants to VBAC, why would you put another scar on their uterus?"

Oh Lisa - that is the million dollar question! I wish I lived where ever your hospital is. My closest hospital has a "ban" on VBAC as well. This could complicate things during my homebirth in the rare event of a transfer. I'd have to go to that hospital and duke it out with the staff, which is what I did for my last VBAC, and thanks but no thanks!

@Sarah, thats HORRIBLE! Good thing is though, if you were crowning, chances are baby would be born before they got you to theatre ;)
.-= Lisa´s last blog ..A favourite photo of mine =-.

Excellent post! Thanks :)

I can't believe that some hospitals won't consider VBAC! That sounds insane to me. I work at a tertiary hospital (for now anyway), and we have a specific clinic called the NBAC clinic (next birth after c/s) and they discuss suitablity for VBAC, of course some choose c/s, some have to have c/s for various reasons, but most have VBACs. It's midwifery led, but they do see a Dr. There are two antenatal classes one for VBACS and one for planning a positive c/s. And they get a lot of follow-up too.

Thats why I find it crazy that some hospitals won't do it! If someone can VBAC and wants to VBAC, why would you put another scar on their uterus?

@Sarah - if they did that, you could sue them for criminal assault and battery. Of course, women rarely know this, so the "scare tactics" often work. It's deplorable.

Even with the law in place I was told if I showed up in the ER crowning the still would "force" me to have a repeat c-section simply because it was "policy". Considering the vast majority of medical professionals care more about money rather than the health (physical and emotional), they push major abdominal surgery as if it was as easy or common as getting a haircut.
.-= Sarah @ OneStarryNight´s last blog ..Pasta with Italian Sausage & Caesar Salad =-.