Patients' Rights in Hospitals During Birth
Bringing your baby into the world is one of the most intimate, important, and individually unique experiences for any family. While many mamas envision a peaceful, natural birth in their own home, it brings peace of mind to be prepared for every possibility.
As you build your birth plan, you’ll no doubt develop your ideal preferences for the actions, situations, and setting for the big moment. Understanding your options and knowing your rights in a hospital setting makes sure that you feel empowered and supported no matter where you ultimately decide to welcome your baby.
Today, let's focus specifically on your rights as a patient in a hospital – so you know what you can expect from the healthcare professionals there.
Medical Rights
Medical rights are what you’re entitled to expect from your healthcare provider to protect your safety, dignity, and autonomy. These rights are based on established ethical principles, professional guidelines, and hospital policies.
The list below covers your medical rights which might be, but are not necessarily, protected by law:
Continuous Support
It is your right to choose who is with you, or not with you, during your birthing journey, though hospital and fire department policies may place a limit on how many people can be present in your birthing room at one time. This includes your family, doula, midwife, doctor, partner, or any other birth support person.
Respect
It is your right to be treated with respect and dignity.
Parental Choices
It is your right to make the final decisions for your baby. This includes the right to refuse being separated from your baby, to refuse recommended care, the right to breastfeed, and the right to make informed medical decisions for your baby. However, healthcare providers are mandated to report any instances of potential abuse or neglect to child protective services.
Symptom Management
It is your right to receive appropriate symptom management during childbirth, which can involve various methods of relief for discomfort.
Evidence-Based Care
It is your right to receive care that is based on the best available scientific evidence. This includes being informed about and receiving the most current and effective treatments and interventions.
Patient-Centered Care
It is your right to have your specific preferences, needs, and values respected during your labor.
Legal Rights
Legal rights are medical rights which have been recognized, defined, protected, and enforced by a court of law. These rights are decided by legislation, case law, and regulatory standards, and violations of these rights can result in legal consequences for healthcare providers and institutions. These can vary by state, but many of these rights are protected by federal law.
Autonomy
It is your right to decide what happens to your body, what is put into your body, how and when your body is touched, and where your body is – you can position your body the way you want and even leave if you want to. No matter which hospital, the hospital policies cannot override your right to autonomy.
Informed Consent
It is your right to receive complete information about all medication, treatments, and procedures before they are administered. This includes the right to ask questions and receive clear, understandable answers so that you can make the decision best for you.
Refusal of Treatment
It is your right to refuse any treatments, medications, or procedures. This includes the right to revoke consent after it is given.
Choice of Birth Setting
It is your right to choose to give birth in a hospital, birth center, or home.
Provider
It is your right to choose your healthcare provider and birth support worker(s).
Privacy
It is your right to keep your health information private, which includes your determination of who gets access to your medical records.
Non-Discrimination
It is your right to receive medical care without discrimination based on race, ethnicity, gender, religion, disability, or other protected characteristics.
Emergency Medical Care
It is your right to receive emergency medical care during labor, regardless of your ability to pay.
Reporting a Violation of Rights
It is your right to file a complaint with the hospital, medical board, or other relevant regulatory bodies if your rights have been violated. There are many ways you can report a violation, depending on what happened and your specific needs.
- Hospital or Healthcare Facility: Most hospitals have an internal process for patients to report concerns, often through a patient advocacy department or a designated patient representative.
- State Health Departments: Patients can report complaints to state health departments, which oversee healthcare facilities' compliance with state laws and regulations.
- U.S. Department of Health and Human Services (HHS) Office for Civil Rights: For issues related to privacy, discrimination, or other civil rights, patients can file a complaint with the Office for Civil Rights at HHS.
- The Centers for Medicare and Medicaid Services (CMS): Patients can contact CMS to report concerns related to Medicare and Medicaid services.
- The Joint Commission: Patients can report safety or quality concerns directly to the Joint Commission, which accredits healthcare facilities.
Making Your Plan
It might be intimidating to read about these – after all, they were defined because at some point, they were needed or even ignored. But it’s important to not let fear take over. Simply knowing that you do have rights, that you are able to reinforce your personal boundaries and needs, and that you are protected if something does happen can make a world of difference. You are strong, mama, and the more information you have, the easier it will be to find your calm and keep to your plan. We have another blog post which was written to help first-time mamas advocate for themselves, but even if you’re not a first-time mama, it could be a great refresher!
And now that you know your basic medical and legal rights, if you decide that a hospital is the best choice for you, you can look into the specific policies of any hospitals you’re considering, making sure they align with your goals for your birth journey. Find reliable information by visiting the hospital’s website or even contacting the hospital, directly. Many hospitals even offer tours or maternity classes so you can get a feel for their location, staff, and approach to the birthing journey. No matter what your choice ends up being, Stork Helpers will be by your side to support you every step of the way.
Remember that you’re made for this, mama – and that with Stork Helpers, you have an advocate by your side.
At Stork Helpers, we know that every birth is different – and so is every mama. No matter what your choices are, we empower you to make the decisions that are best for you, so you feel comfortable.
We are always listening, guiding, and comforting you! Start a conversation with us today by following this link!
Follow Stork Helpers on Facebook, Instagram, and LinkedIn!
Happy with the difference Stork Helpers made in your birthing experience? Leave us a five-star review here!
