E17 An Attorney's Fight to Challenge Rights Violations & Illegal Maternal Care Practices with Hermine Hayes-Klein

13/06/2025 1h 2min Episodio 17
E17 An Attorney's Fight to Challenge Rights Violations & Illegal Maternal Care Practices with Hermine Hayes-Klein

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Episode Synopsis

Confusion and fear over lawsuits drives health care in the US and even more so within obstetrics and midwifery. In the midst of defensive medicine as default, many clinicians miss the one decision that provides ultimate litigation protection. Hermine Hayes-Klein is single handedly changing the landscape relative to litigation within maternal health care. An informed consent expert and international civil and human rights attorney, she specializes in the abuse of women and birthing people by the maternal health system. We will discuss:the cognitive disconnect among healthcare providers regarding informed consent during pregnancy and childbirthlegal cases that illustrate widespread rights violations her recent $1.73 million jury verdictthe legal and ethical mandates that protect pregnant women's rightsthe role of lawyers in enforcing these rights conventional wisdom like "you'll never be sued for a cesarean" and "liability concerns makes us do it"how doctors will be held accountable for not respecting patient rightswhy "birth can't be planned" is insultinghow juries recognize trauma as an injury that matterswhy clinicians should support women's choices even if it scares themAdditionally, Jen talks about her upcoming VBAC training for the Los Angeles County Department of Public Health and answers a reader's question about prior uterine dehiscence and future uterine rupture risk. 00:00 Welcome To Episode 17!02:07 Next VBAC Facts® Training03:58 Reader Question: Prior Uterine Dehiscence11:23 Telemedicine VBAC Consults12:44 Introducing Hermine Hayes-Klein14:06 The Violation of Informed Consent17:34 "You'll Never Be Sued For Doing a Cesarean" And Other Myths18:57 Perverse Liability Incentives20:12 VBAC Resources21:06 Doctors Will Be Held Accountable For Not Respecting Client's Rights21:42 Rinat Dray's Forced Cesarean25:33 $1.73 Million Dollar Judgement26:39 Cognitive Disconnect in Maternity Care31:18 "Birth Can't Be Planned" Is Insulting32:11 Sample Birth Plan Language32:31 Hooked Up & Induced, No Medical Reason33:15 Running, Sobbing, Sleepwalking33:44 Diagnosed with "Adjustment Disorder" Instead of PTSD34:07 "The Kind of Abuse That Happens To Women Every Day"35:00 "The Baby's Healthy, Why Are We Even Here?"35:49 Babies Need Their Mothers To Be Healthy36:11 Juries Recognize Trauma As An Injury That Matters36:50 Hold Doctors Accountable For Doing What The Law Requires36:59 Next Case Challenges, "You Are Not Allowed"39:12 "The Very Real Risks of Cesarean Are Dumped Onto The Birthing Patient"39:46 Birth Trauma Not About Mode of Delivery40:22 Who is Liable for Complications?41:17 "Liability Makes Us Do It" Is A Lie41:42 VBAC Facts Courses45:06 Should We "Go Slow?" Are We "There Yet?"46:26 The Law of Informed Consent Means...46:56 "Keep Telling Them That They Have To Strap Down For The Belt"48:26 What Violating Informed Consent Looks Like49:46 Bodily Autonomy "Goes Both Ways?"51:15 Let's Be Clear About Maternal Death52:33 News Articles When Women Die During Childbirth, Often, It's Cesarean53:30 We Are Pro Evidence Based Care and Informed Consent55:21 OBGYNs Should Support Patient Decisions, Even If It Scares Them57:01 When An OB Realized Her Informed Consent Process Was Coercive58:24 OB's Testimony Regarding Informed Consent01:00:32 Women and Birthing People Are The Captain Of The Ship01:01:13 Rights Exist Even In Rural HospitalsHave a comment or question for the podcast? Want to suggest a guest we should interview or a topic we should discuss? Go to

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