Nobody gives you the manual for pregnancy. Between baby names and prams, many don’t even consider their personal rights whilst pregnant and having a child. This is relatively understandable, however, when it comes to parenting potential becomes limited when complications arise.
Medical professionals have countless responsibilities they must uphold when caring for expecting mothers and new mothers. Some take their responsibilities more seriously than others, however, when prospective parents are aware of their earned rights, they can note the difference and take appropriate action.
What Your Doctor or Midwife Must Explain to You
A doctor or midwife cannot perform blood tests and procedures without informing you. Every blood test, ultrasound, injection, and effort during your pregnancy must contain a clause for explanation.
While you may believe this is commonly understood, the reality is that it often does not happen. A midwife may tell you it’s a routine test but not divulge what they’re testing for. A doctor’s approach to inducing labour might be one-sided without adequately assessing your openness to the method.
Legally, medical professionals must obtain your informed consent before performing anything. This means they must enlighten you as to what they want to do with your body, why they feel this is necessary, what could happen if this isn’t done, and what alternatives exist. Simply stating to roll up your sleeve because we need to do this test is not enough.
What many find most shocking is that you can refuse treatment even when the medical team believes you’re foolish. While doctors may attempt to convince you otherwise—such is their job—regardless of a medical professional’s personal belief, they must honour your decision no matter what and continue to provide adequate care.
The Right to Choose Where and How You Give Birth
This is where things get tricky. You have more autonomy over where your child is born than you may think. Hospital birthing unit, birth centre, and home birth—these are all valid options if you’re low-risk.
However, sometimes medical professionals believe they know better where it might be safer for you. Where applicable, this is fair. But if they choose to go against the grain of your opinion, they must explain why. If they’re suggesting a hospital due to complications, they need to specify what these complications are. If they suspect congenital defects, they need to assess whether it’s merely a defect or if it’s impacting your decisions.
What makes legal sense, however, is when vague issues against the law suggest “increased risk.” This is not vague enough information for you to make an informed decision about your family’s best option.
The same goes for how you want your labour experience. Pain management versus no pain management versus caesarean delivery due to maternal-neonatal health concerns should all be discussed—you should not be subjected to a decision made based on a pre-determined persona.
What Happens When Things Go Wrong During Birth
Not all complications during birth can be avoided—but some easily can. When healthcare professionals fail to monitor appropriately or do not follow procedure, babies sustain injuries that they’ll have for life.
When parents fail to find out until much later that something was wrong on their end, it complicates situations even further. Inadequate monitoring, lukewarm responses to signs of a neonatal emergency—the delay in learning of substandard care that injures babies for life requires a new level of understanding from a Birth Injury Solicitor as families want to assess what happened and ensure their newborn gets the support they’ll need in life.
It’s heartbreaking when families discover that had they received optimal care, the disabilities their baby suffers would never have been sustained. Yet proper answers and compensation can make all the difference in the world for that child.
Healthcare teams must transparently discuss with you what’s going on with monitors during labour with what signals they’re looking out for. If something happens along the way, they need to let you know what’s happened and what will happen next. Being kept in the dark during labour is inadequately scary.
Students and Teaching Hospitals
If you’re delivering in a teaching hospital, students may be part of the equation—but they don’t always make it clear that it’s up to you how much student involvement you’re comfortable with.
Some people don’t mind if there are students present for observing during labour and birth; others want the intimate moment just shared between them and their partner. There are no right or wrong answers here—but your healthcare team must support whichever decision you make.
Furthermore, anyone who will be present must be disclosed. If a student will be checking you or in with you as you’re giving birth, they need to give you a heads up prior to it actually happening. Furthermore, if you’re not comfortable with students observing at all, this does not negate the quality of care you receive moving forward.
What Tests Are For
Every test should have a reason associated with it; what’s being tested? Why do they think you’re getting it? What will results show?
When it comes to results showing potential concerns, however, what’s most important is that healthcare professionals discuss what abnormal results mean, what’s the likelihood of accuracy in terms of false positives/negatives, and what alternatives exist moving forward with something other than what was initially hoped.
Parents should never feel rushed into making decisions without understanding fully what’s going on—or at least given time to process information before responding. If they get news from an ultrasound that changes everything but don’t give them time to ask questions on their own terms—that’s not fair.
Ultimately, if it doesn’t make sense along the way—keep asking until it does.
Your Right to Refuse
Your ultimate right throughout pregnancy and birth is that you can refuse any treatment suggested—even when professionals think it’s not smart. They can attempt to dissuade you from doing so; that’s permitted—but at the end of the day, it’s your choice.
However, what’s unacceptable is when you’re treated differently because you’ve declined something; you’re still due appropriate care and concern.
The consent process should be ongoing as well; it’s not just an issue that arises within the first few weeks/months of pregnancy; as things change and variables become different/existing concerns develop into realities, those expectations should remain discussed with you along the way.
If Your Care Wasn’t Good Enough
There’s a complaints process through the NHS where your healthcare professional should discuss this—although most would hope this isn’t applicable down the line.
Often parents find out much too late that care could’ve been better—missed signals during pregnancy or inappropriate reaction during labour; when substandard care causes injuries that could’ve been avoided at all costs during birth, families are owed substantial answers about what went wrong.
The NHS complaints process sheds light on this down the line and hopefully prevents similar problems for other families moving forward; however, when babies emerge severely injured due to lack of appropriate care—this often requires specialist legal insight from Birth Injury Solicitors to secure resources for life.
Fair Treatment Regardless Of Who You Are
Families should receive fair treatment like everyone else regardless of who they are. Medical professionals who treat families with disabilities should have reasonable adjustments made; those whose first language isn’t English deserve an interpreter.
If you feel you’re being treated differently because of who you are—it shouldn’t be allowed. Healthcare professionals need to make accommodations for accessibility but they’ll also give interpreters if English doesn’t seem strong.
This includes your chosen birthing partner/family members too—with space/staff requirements for safety considerations/lack of room—but no family should be denied who they want with them during pregnancy/birthing assessments unless it’s unjustifiably unsafe.
The Bottom Line: Making It Work For Your Family
This isn’t about being difficult—most medical professionals want what’s best for your family—but knowing your rights helps medical professionals uphold their legal responsibilities—and when they don’t—and families know—and can clear out red flags—everyone wins.
It makes nothing but sense for educated families and well-intentioned healthcare teams to mutually respect each other when information is transparent and expectations are met; when professionals satisfactorily do their jobs—for example—offering full disclosure about any criteria that might help facilitate informed consent—allowing people more agency about what works best for them and their family instead of assuming what’s best because it’s easier.
