Hospital Policy
Hospital policies may not always allow a woman to experience birth
in the way in which she desires. This is especially true when the
woman has previously experienced a caesarean section and now wishes
to deliver her next child vaginally - vaginal birth after caesarean
(V.B.A.C.)
There are certain consumer health rights that women should be made
aware of. These are ideals set out by consumer organisations all over
the world. They may not all be currently enforceable by law in Australia,
but you have a strong moral right to assert them.
Being aware of your rights and responsibilities gives you the knowledge
to fully access the best in health care that is possible in your circumstances.
Please contact Birthrites' for the latest information about hospital
policies and consumer rights.
Please be aware of your right to say "N0"
when you do not agree with a hospital policy, they do not always cater
to your wishes and they may be outdated, they are put in place to
protect the hospital and the people that work within the hospital.
If you do not agree with a policy your refusal to accept it will be
well documented, but it is your right to refuse having anything done
to you that you disagree with (it is illegal to do a bloodtest against
a person's wishes never mind anything more serious).
Below are listed some points about policy,
that you may be able to relate to:
"...A well informed client will probably be less inclined to sue
if she has been told about the risks and has shared the responsibility
for making decisions." 1
" A UK Government Report commented in 1976: 'We believe that there
may be conflict at times between the treatment prescribed by the doctor
or midwife and the wishes of the patient, and this can occur more
readily when the "patient" is a healthy person who is performing a
natural function. The conflict...may exist whenever medical interference,
while thought desirable, is not solicited by the patient. It occurs
more readily in institutional settings and is more intense when strong
feelings and high expectations are involved'." 2
"...Two of the alternatives to be discussed later, those relating
to birth taking place out of the hospital, may be selected by the
mother and her partner mainly in order to avoid arguments with an
Obstetrician about a variety of disputed issues." 3
"As Peter Dunn has remarked, 'We must never forget that it takes
more experience, more judgement and more courage, often, to stand
back and do nothing.'...The situation is further complicated by the
fact that it is often very difficult to use any technique in isolation;
very often, further intervention is required to counteract the effects
of the initial action..." 4
"...If an accident occurs and the routines have been followed, the
responsibility of the individual is lessened - and to some extent
the mother is protected by the policy. But the price of following
routines is the neglect of the need to think about the mother as an
individual - indeed, one purpose of a routine procedure is precisely
to spare any need to think... Professionals need to ask themselves
from time to time, 'Why am I doing this? Is it really necessary?'
and mothers need to ask questions whenever the reason for a proposed
procedure or line of action is not clear to them, rather than simply
submitting to authority." 5
References:
1 - "Your Body, Your Baby", Redfern Legal Centre Publishing
1996 - pg 189.
2 - S.D.M. Court, "Fit for the Future", HMSO, London, 1976
3 - J. Lumley and J. Astbury, "Birth Rites, Birth Rights",
1980 - pg 129
4 - P. Dunn, "Obstetric Delivery Today", Lancet April 10
1976 - pg 790-793
5 - Sally Inch, "Birthrights", 1982 - pg 41
Foetal Welfare and The Law.
A Quote:
"...When a competent, properly advised pregnant woman has clearly
communicated her decision to decline a particular form of treatment,
there are no circumstances in which the law should seek to override
this decision. The principle that her wishes should be respected should
prevail regardless of the degree of risk either to herself or the
foetus..."
Reference:
Seymour, J. (Barrister and Solicitor of High Court of NZ and Supreme
Court of ACT) "Foetal Welfare and the Law", a 249 page Australian
report of an inquiry commissioned by Obstetricians and Gynaecologists,
the National Association of Specialist Obstetricians and Gynaecologists,
The Australian College of Paediatrics and Medical Protection Association
of Australia.
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