Re: [ozmidwifery] EMTALA Laws

[Janet Fraser]

That's really interesting. You read a LOT on US forums about women being dumped by their surgeons, particularly if the client wants to give birth and the surgeon wants to slice and dice.   We really need women in Australia to know that they're in charge, not the hospital staff. Way too many women ask me "Can I say no to anything in the hospy?" but when I say, "Yes, you can say no to EVERYTHING!" I have to also say, "But it's quite possible you'll be totally ignored or it will be taken as a sign to just send in more staff to bully you..."   The US situation with midwifery illegal in some states and women being refused VBAC is truly horrifying but it's worth bearing in mind that our c-sec rate was higher than theirs in 2005! We're heading that way!   J ----- Original Message ----- From: Diane Gardner To: ozmidwifery@acegraphics.com.au Sent: Tuesday, June 27, 2006 8:41 AM Subject: [ozmidwifery] EMTALA Laws This is something very interesting that I read on a USA list I belong to. Are the same laws applicable in Australia? It was a particular discussion about VBAC's and how more and more hospitals in the USA are refusing them.   regards Diane Gardner   PS Looking forward to meeting lots of you in Geelong   Here's an interesting little tidbit that I thought you might find enlightening. Borrowed from the RMA List. Subject : The Federal Emergency Treatment and Advanced Labor Act (EMTALA) as it pertains to hospital care for birth. This is taken from the Winter 2006 - Number 76 issue of Midwifery Today: "The federal Emergency Treatment and Advanced Labor Act (EMTALA) requires hopsitals to admit women in active labor and to abide by their treatment wishes until the baby and placenta are delivered. The act was originally passed to prevent hospitals from "dumping" patients who can't pay, but it's since been applied in all sorts of other ways and includes specific provisions that apply to laboring women. The attorneys we've consulted on the VBAC ban issue have told us that hospitals are much more afraid of being found in violation of EMTALA than they are of malpractice suits because the act is routinely enforced and each violation subjects them to fines between $50,000 and $100,000. I can't emphasize enough the importance to individuals who may find Themselves in this situation of memorizing phrases such as "It's a violation of My rights under EMTALA to force me to undergo a cesarean," or "I'm invoking My right under EMTALA to refuse a, b, c." Whether the hospital in question says it Bans VBACs is unimportant; according to EMTALA, you have the right to be admitted to a hospital once you're in active labor and, once admitted, you have the right to refuse any recommended treatment. You can also remind them that VBAC isn't a treatment, it's the natural culmination of a normal physiological process. Cesareans are the treatment. Also, it's helpful to know that EMTALA begins to apply once you are Anywhere within 250 feet of a hosptial; you don't have to be in the emergency room. You can be standing in the hospital parking lot, and if they so much as touch You against your express consent, they are in violation of EMTALA. For anyone interested in reading more, we've compiled a legal primer on the rights of pregnant women http://www.birthpolicy.orghttp://www.birthpolicy.org Editor's Note: To learn more about this important subject, go to http://www.emtala.comhttp://www.emtala.com . There you will find frequently asked questions (FAQ), as well as links to the statue and case law."