February 5, 2010

Surprise, Women are Protected by the Constitution Too!

The case of Samantha Burton in Florida mostly escaped my attention because it happened during the summer when I was studying for the bar exam. Some recent commentary brought it back into my sights.

I don’t know what to say about the case itself beyond that which you would expect from me. I mean, it’s fucked up, right? And never, ever should have happened. I guess the one thing that I can add to the conversation is that this was not that hospital’s first rodeo at ordering cesarean sections (click for PDF). It just reinforces my sense that when this stuff goes unchecked, it just gets further and further out of control.

I have this morbid fascination with the comments section of webpages, which really bring out the seedy underbelly of our society in its barely-literate glory. One commenter keenly notes:

Just the beginning. Sad how these people believe they have the right to hold you against your will. Especially when they perform late term abortions daily! last I heard about a million a year! Ever notice that the people who are all! about choices and population control are already here

I’m having a hard time putting together what the sentence is even supposed to mean from a purely syntactical perspective, but I think that they’re trying to say that this was all perpetrated by the people who perform late-term abortions. Interesting, considering the court in Pemberton interpreted Roe vs. Wade’s trimester framework to mean that the mother loses virtually all of her rights at the “compelling” point of viability… in Tallahassee Memorial’s favor. (Before you choke on your heart, recall that Pemberton is an outlier with virtually no precedential value… except where Samantha Burton  happens to be… oops.) That court basically says that at viability, not only does the woman not have a right to abortion, she doesn’t have a right to decide whether or not she gets cut open. Whom, exactly, does it sound like Tallahassee Memorial was listening to this time?

And then there was the requisite reference to OBAMACARE! RARRRGH, THE ZOMBIES ARE COMING!!! Look, I can’t say for certain what SenateCare is going to look like, but if they are indeed demanding evidence-based medicine like the teabaggers fear, it won’t look anything like restraining mothers for the sake of their fetuses because that’s definitely not supported by the evidence. As a side question: which is it? Obama wants to kill all teh baybeez, or he wants to forcibly restrain the mothers to save the baybeez?

This particular article struck me as a little glossy, but I was impressed by the fact that 1) it didn’t justify the hospital’s action on the basis of malpractice fears, and 2) it talked about a pregnant woman like she was a normal, rights-bearing person. Well how do you like that? The idea of a pregnant woman as a human being with rights just like everyone else!

One last thing that stuck out:

It used the state’s authority to act as parent when parents won’t get medical care for a child — an irrelevant and improper comparison, since in this case there was no child and the patient was an adult.

Some people got their dander up because they believe as a matter of morality and personal belief that a fetus is a child. That’s cool and all, but when a fetus is legally considered a child, all bets are off. Why? Because the child protective system is a byzantine mess with virtually no protection for parents. I’ve heard these issues be referred to in parents’ rights language before (like “the decision that I made on behalf of my [fetal] child”), and I can’t emphasize enough how wrong of a tree that is to bark up. Why? Because parents actually have only a circumscribed right to medical decisions about their children. Just ask the Jehovah’s Witnesses and Christian Scientists… And anyway, when you think about it that way, it completely overlooks the fact that if there is a child, then the juvenile courts have jurisdiction, which means sealed proceedings that, as far as the record is concerned, never happened. Talk about Kafkaesque. The state has no problem whatsoever taking custody of people’s kids. When they can do that, they have pretty much total control over the pregnant woman.

Like, I was reading a case recently, I forget from where, but the court ordered that the fetus be brought in for further testing. The court notes, sort of cavalierly, (I’m paraphrasing) “this means, of course, that the pregnant woman will have to be detained.” In another one of these cases, it was the state’s attorney that got to live out the delusions of grandeur… when asked by the court how, exactly, they would deliver the fetus-in-custody if the mother didn’t agree to a cesarean, she replied, “drugs will have to be administered.” Yipes!

February 3, 2010

Scary, Sad, and Unsurprising

This story about maternal mortality in California was a real kick in the ass. Short story is that maternal mortality is raging in California. To wit:

In 2006, 95 California women died from causes directly related to their pregnancies – out of more than 500,000 live births. That’s a small number by public health standards. But if California had met the goal set by the U.S. Department of Health and Human Services to bring the state’s maternal mortality rate down to a level achieved by other countries, the number of dead would have been closer to 28.

I also appreciate that the article comments on racial disparities, even if it seems a little “throw up your hands”-ish:

It’s not clear which mothers are most at risk, but researchers have long known that African American mothers are three to four times more likely to die from pregnancy-related causes. That racial association is not stratified by socio-economic status: Even high-income black women are at a greater risk.

I think I was a little annoyed at first because there seemed to be a lot of focus on maternal factors instead of looking at the possibility that labors were mismanaged, but the article finished strong by talking about the rise in cesarean surgeries and the health risks posed. Here’s where it got an A+ from me:

Dr. David Lagrew, meanwhile, thinks he may have arrived at an answer. In 2002, Lagrew, the medical director of the Women’s Hospital at Saddleback Memorial Medical Center in Orange County, noticed that many women were having their labor induced before term without a medical reason. He knew that having an induction doubled the chances of a C-section.

So he set a rule: no elective inductions before 41 weeks of pregnancy, with only a few exceptions. As a result, Lagrew said, the operating room schedules opened up, and the hospital saw fewer babies admitted to the neonatal intensive care unit, fewer hemorrhages and fewer hysterectomies.

All this, however, came at a cost: The hospital had to take a cut in revenue for reducing the procedures it performed. Lagrew doubts that any hospital has increased its C-section rate in pursuit of profit, but he adds that the first hospitals to adopt controls on early elective inductions have been nonprofits. (emphasis added)

Nice. Very nice. Follow the money, folks.

January 29, 2010

Women on Trial

Even though it’s old news and Scott Roeder has been found guilty on all charges related to the murder of Dr. George Tiller, this article from the NY Times made me feel somewhat sick to my stomach when I read it.

I feel like I have a pretty firm respect for people who are opposed to abortion, but the idea that saving fetuses justifies a necessity defense makes my blood run cold. Mostly, I think, because I could see where this sort of thing would go. I could rhapsodize at length about the problems that arise when medical professionals see themselves as “rescuing” babies by cutting into their mothers over their strenuous objection. One particularly disturbing example of this type of objectification of pregnant women arose in the Baby Boy Doe case out of Illinois. In re Baby Boy Doe, 260 Ill.App.3d. 392 (Ill.App. 1 Dist. 1994). During the hearing in that case, then-Public Advocate Patrick Murphy asked the appellate panel:  “Is this just a mass of human cells or is it a real life being kept prisoner in its mother’s womb and tied to an oxygen source that is not working? This is no different than a person in a hospital being tied to a respirator that is working inefficiently.” Because we know that pregnant women keep their babies hostage.

But no, what’s more chilling is an example from Maryland where a man savagely beat his pregnant wife with a baseball bat to protect his fetus from the mother’s drug addiction. Or a story recounted by a clinic escort on Feministing wherein a woman miscarried as a result of an assault by clinic protesters who (mistakenly, it appears) thought she was going to get an abortion. When the fetus is privileged over the woman carrying it, I’ve got a problem.

Anyway, there’s not too much more for me to see except that Randall Terry is scary and insane, stating there that the trial is a “scam” because Roeder isn’t being allowed to polemicize against abortion on the stand.

…cue circus music…

October 5, 2009

THIS is why we can’t have nice things!

I would love to say that this is going to be the definitive post on medico-legal justification for the out of control cesarean rate, but I think that’s going to be a much much bigger project.

Here’s the short version: any time you talk about VBAC, the issue of medical malpractice comes up. There are several perceptions that go along with this “conversation,” summed-up here:

  1. Doctors are constantly beset with the threat of a medical malpractice suit
  2. Such suits are unjustified (i.e. the doctor did not actually commit malpractice)
  3. The people who bring these cases are just looking for a payout.
  4. This is all because of greedy malpractice attorneys.

I’ll address 4 first, because it’s the one I was most guilty of, and I think I’ll pick up the others along the way. Part of my silence last semester was that I was taking a humongous course load (may the record reflect, however, that I made straight A’s in my final year of law school. Pregnant. Parenting a toddler.). One of these classes was Medical Malpractice. You might ask yourself: why the hell did she take that class? Is she one of THOSE?!?! In fact, I asked myself the first question a few times, and the professor asked us on the first day of class as well.

Now this guy was probably the epitome of the slick malpractice attorney; think along the lines of My Cousin Vinny, but more Long Island and less Brooklyn, and tall. My answer to him: because I am a childbirth activist, and malpractice concerns are cited as one of the primary reasons for limiting women’s options and right to informed refusal of unnecessary surgery.

So he says to me: so we’re like Darth Vader to you, right.

Right. Exactly. You greedy attorneys and your 1/3 contingency fees are fucking it up for the rest of us, so just DIAF already.

He asked me if I had seen “The Verdict.” I said no – nobody in the class had. This upset him. “Why the hell did you come to law school then?!” Um, to Kill a Mockingbird? I don’t think that’s a bad answer…

Anyhow, as the semester pressed on, there were several things that I learned about sleazy malpractice attorneys. First of all, every single one of them has a client. Every single one of those clients has been somehow fucked up. In fact, I eventually watched the movie during the hazy days of bar study – days not unlike the first week of parenthood, but substitute the fog of “feed, burp, change,” for “outline, multiple choice, flashcards.” I needed inspiration, so I moved all my law-related movies up the ol’ Netflix queue. Turns out, the movie is about a woman who is injured by medical malpractice during childbirth and is left in a coma by administration of an inappropriate anesthetic. The drunkard ne’er-do-well Paul Newman, barely hanging on to his law license, is inspired by this young mother, and the nasty cover-up that took place to hide the malpractice that left her husband effectively a widower with a passel of kids. Gotta tell ya, I cried.

So it got me to thinking; we talk a hot mess about how overly litigious our society is, blah blah malpractice blah blah greedy. But the simple truth is that doctors DO occasionally really fuck people up – BAD. Some of the cases I read, I couldn’t handle in the queasy early days of pregnancy. Like one where a woman had been improperly prepped for a cauterization or something (I think they had dripped betadine on her sheets) and they LITERALLY CAUGHT HER ASS ON FIRE. Turn on the machines, and BANGO! Third-degree burns to the anus. Sometimes they cut off the wrong leg. Sometimes they fuck up a circumcision and leave a guy a eunuch. Without a private cause of action (aka a tort), what are you left with? Nada.

TORTS 101: In fact, that’s the way it works for ALL torts. I don’t know if it’s just that people don’t understand this, or that they are actually opposed to it, but if someone beats the crap out of me, even if the police haul them off and they are tried for assault, that’s the STATE’s case, not mine. It’s the People vs. Asshole, and I’m just a complaining witness. When he gets put in jail, I get the satisfaction that a bad person is now locked away (or… whatever… that’s another thing entirely), but I am still stuck with the bill from the ER, the reconstructive surgery to put my face back together, the money I lost because I couldn’t go to work. Society has been “made whole” again, but me? I just get that satisfaction…

So we, as a society, have come up with the idea of torts, the idea that a person should be made to pay for the harms that they commit to other people. Since we don’t have the stocks or the scarlet letter anymore, and you can’t force people to do nice things for you in restitution (pesky 13th Amendment, I’d really like for Douchey McBatterer to be my indentured servant to pay me off for the assault), we use money as a surrogate. For the most part, there are pecuniary damages, or the straight up costs of the tort (fixing my face, the ER bill, the time I lost at work), and nonpecuniary damages, a more nebulous concept of the pain and suffering cause by the tort (the pain, the PTSD I now suffer, the horrendous pain of the facial surgeries I have to undergo for the next year). This is intended to “make me whole” (resitution), and to keep people from doing shit like that again (deterrence). This is not too far from the ends of the criminal justice system: retribution (make ‘em feel sorry for what they did), and deterrence (keep them from doing it again, keep others from doing the same), but note that the criminal goals are much more society-focused than victim-focused.

Now in intentional torts, like battery, the tort I would sue my hypothetical assailant for, you have punitive damages as well. These are damages that are intended to punish the wrongdoer (or tortfeasor, the best word ever). It’s like restitution/deterrence-plus: what they did was SO bad, you want to make it hurt extra for them. For the record, this generally doesn’t come up very often in malpractice, which are negligence cases, which don’t carry punitive damages. Once in a while you get something CRAZYTIME, like the OB who carved his initials into a woman’s abdomen after performing a cesarean, but it’s pretty rare.

So if we as a society have decided that it’s appropriate for me to have to pay you if I break your lawnmower, or run over your foot, or set your house on fire, why should a doctor not have to pay if he sets your arse on fire?  There used to be this thing, now defunct in most states, called “charitable immunity.” It meant that people who went to charity hospitals couldn’t sue, because beggars can’t be choosers, and you get what you pay for, and after all, who wants to sue the Sisters of St. Vincent de Paul. As it happened, people got really shitty care, and nobody really gave a fig because they were poor. Turns out that the deterrence factor makes a difference.

This is something that I don’t like very much because it reminds me too much of the whole Moral Compass thing that people like to use, arguing that without God, people would just devolve into a Lord of the Flies state of anarchy and hedonism, whereas I prefer to believe that people are ultimately good an altruistic because I’m a huge goody-goody and am wracked with guilt at the smallest transgression. See parents, Catholicism works even after your sheep flee the flock. Ah but which came first, the conscience or the Catholicism? The world may never know…

So if you’re still with me, you might have some misgivings about the sheer size of the payouts in obstetrical malpractice. Query: if a doctor commits malpractice during a birth and the baby comes out with, say, cerebral palsy, how much do you think it is going to cost the family to raise that child relative to how much it would have cost if the child were not born palsied? Will the parents magically start making more money to meet the shortfall? (in fact, if the birth injury is severe enough, one parent may have to stop working to care for a disabled child). How much will they have to pay in future medical costs? And remember how we’re having this debate about healthcare and how the costs are out of control and how more and more people are uninsurable because insurance companies are risk-averse? People throw hissy fits about medical malpractice reform being central to healthcare reform, but I think that health care reform will “reform” medical malpractice. People sue, in part, because malpractice is expensive for the victim.

As for compensation of attorneys, I don’t know a lot about that. What I do know is that they get absolutely nothing if they lose (this is to provide access to justice for people who wouldn’t otherwise be able to afford an attorney), and are out the costs of litigation, which are VERY high considering they have to pay experts to testify, review the medical records, etc. This means that the vast majority of malpractice cases never see the light of day because the attorneys need to pick a winner, and enough of a winner to cover the costs of the losers, which are most of the cases because, contrary to popular lore, medical judgment is an 800-lb gorilla defense. Basically, if reasonable minds can differ, the plaintiff loses. Period.

So, far from being a bunch of greedy people looking for a payout, you have people who are actually injured at the hands of doctors, with injuries that may cost them a lifetime of expense, going before juries that are likely to rule against them because of the general anti-plaintiff sentiment and virtual inviolability of the judgment defense, and the fact that the professionally-determined standard of care is basically an invitation to collusion.  Under a “regional standard” regime, for example, if medical practitioners wanted to make the standard of care that every woman gives birth via vaginal bypass surgery, they can do that.  Given the relative uniformity of the surgery, the low risk per individual surgery, etc., this is totally something that they could do under malpractice law – as a matter of other areas of doctrine,  like antitrust or human rights or something, this won’t fly, but for the most part malpractice is not calibrated to fix this particular problem… there are a couple of exceptions, but I digress. The point is, if a person wins a verdict and payout, I’m not only willing to bet dollars to donuts that they actually deserved it, I’m probably go so far as to say that they represent an entire constellation of cases that didn’t win, but should have.

In my health law class, we discussed a somewhat troubling study that showed that a far greater number of deaths in hospitals were attributable to medical malpractice –and particularly medication errors—than anybody ever knew. That worries me. When I hear people talk about how 1/3 of every graduating class of med students has a malpractice case pending against them, I don’t worry as much about out of control litigious patients as I do medical schools matriculating students who are committing malpractice.  Most of all, I worry that doctors aren’t doing very simple things that can help them protect themselves from malpractice.

A wise woman recently told me “nobody who cried at a demise ever got sued.”  Now, factually speaking, I sort of doubt that that’s true, but it makes sense and appears to have been corroborated by studies. It makes you wonder – why is it that midwives somehow manage to practice without living in constant, crippling fear of malpractice suits, even when they occasionally have bad outcomes?  Could it be, perhaps, that people feel less rancour –and thus less need for restitution—toward practitioners that treat them like full humans with the power to make decisions on their own behalf? Not that all doctors fail to do this,  but I definitely can say that the doctor/patient power differential is a lot greater than that in the midwife/patient relationship, and a lot of it has to do with the socialization process of medical training.  I am guessing it’s substantially similar to what we go through as legal practitioners: if you come off like the jerkface hotshot law school trains you to believe and act like you are, you’re likely to 1) not actually be listening to clients’ wishes, and 2) eventually get sued when you fuck up.  It also seems like a little apology goes a long way. In that same vein of human connection, could it be that the further away we move from a system of healthcare where people know their doctors and their doctors know them, the less likely people are to hesitate when considering whether to sue?

I just keep thinking back to this really ugly thread on Feministing and how these hypercapitalist libertarians just kept saying “oh yeah, you want the hospital to allow VBAC so this woman can sue them? Fat chance!” and I can’t help but wonder whether a woman who does obsessive research like me and knows her chances of catastrophic outcome, has everything explained to her by a supportive obstetrician and signs consent forms to that end, and truly wants a vaginal birth would actually sue if the harms that she’s so aware of materialize. I have only heard of one person who was very unhappy to have had a VBAC, and this was one from the 1990s when they were pushing doctors to push VBAC as a cost saving measure without regard for the risks of using the usual host of unnecessary medical interventions on a scarred uterus.  Interestingly, this makes me feel like it validates the need for the mythical maternal request cesarean… I’ll have to stew on that a little.

October 2, 2009

Arizona Mom Threatened with Court Order for Refusing Unnecessary Surgery

(x-posted to Feministing Community)

You would think that after having delivered two babies vaginally–one after a cesarean section–Joy Szabo’s ability to give birth is sufficiently proven.

Not so, according to Page Hospital of Page, Arizona, where Mrs. Szabo delivered all three of her babies (including the one VBAC), but now faces an unnecessary and unwanted “elective” cesarean for her fourth. Page recently enacted a ‘VBAC ban,’ a policy that is more appropriately referred to as a “denial of service for women with prior cesarean unless they preauthorize surgery” since a vaginal birth is not so much a “procedure” that a hospital can elect to perform or not, but rather is a biological process which they can attend or not attend, but will happen either way.

According to the hospital Chief Executive Officer Sandy Haryasz, the hospital’s choice not to attend vaginal births for women with a prior cesarean seems to be that birth is just too unpredicatable, VBAC just too risky. From the Lake Powell Chronicle:

“Page simply does not have the physician resources to respond to an emergency. Currently, we have two physicians who are delivering babies and a third physician will be joining us next week.

“Three physicians cannot provide the coverage recommended by ACOG (American College of Obstetrics and Gynecology). The physicians must be immediately available because of the risks of a VBAC and we cannot provide that in Page. In addition, we cannot provide an anesthesiologist to be readily available because we only have one anesthesiologist.”

Never mind that the recommendation that “because uterine rupture may be catastrophic, VBAC should be attempted in institutions equipped to respond to emergencies with physicians immediately available to provide emergency care” (p. 6) is a “Level C” recommendation (based “primarily on consensus and expert opinion” — as opposed to “good and consistent scientific evidence” (Level A), or even “limited or inconsistent scientific evidence” (Level B)), whereas the statement that most women are good candidates for VBAC and should be offered a trial of labor is “Level A.”

As Mrs. Szabo points out, however, “that’s why women go to the hospital to have their babies – in case there is an emergency.” A hospital that admits that they don’t have the resources to perform an emergency cesarean should probably not be holding themselves out to be any safer than a birth center or midwife-attended home birth (both of which are very safe for women with low risk pregnancies, incidentally), seriously calling into question why Arizona midwives are prohibited from attending VBACs.

This also raises another question: if vaginal birth is a biological process that will happen with or without the hospital’s help, what if Ms. Szabo shows up in labor? In fact, isn’t she protected by EMTALA (Emergency Medical Treatment and Labor Act), which requires all hospitals that receive Medicaid funding to stabilize everyone who walks in to the Emergency Room in active labor?

Yes and no. While the Act specifies that “stabilization” for the purposes of active labor means delivery of the baby and the placenta, it makes no provision for how a hospital must treat a woman who refuses unnecessary cesarean surgery. Page Hospital is prepared, though.

“I asked Sandy [Haryasz, hospital CEO] what would happen if I just showed up refusing a c-section and she said they would obtain a court order .”

So, despite the fact that as a matter of law and medical ethics hospitals should only seek recourse to the courts to override patients’ wishes in “extremely rare and truly exceptional case[s],” In Re AC. , 573 A.2d 1235, 1252 (D.C. App. 1990), the hospital is basically saying that it plans to ignore ACOG’s ethical guidelines and trample on a woman’s rights to bodily integrity, informed consent, and due process to comply with its lowest-level reccomendations, completely irrespective of the mitigating factors Ms. Szabo presents (i.e. two prior vaginal deliveries, including a VBAC; only one prior cesarean, etc.). Nice.

Adding insult to injury, Bill Byron, Senior Director of Public Relations for the hospital system tweets :

Re: VBAC issue & w/ all due respect, our VBAC practice based on ACOG practice guidelines common in all if not most hospitals across nation.

which, sadly, is true , and

Banner pro-VBAC w/ appropriate patients . Many large, urban Banner hospitals provide, but not in hospitals lacking high-risk capability.

I guess he forgot to add “pro-coercive medicine in hospitals lacking high-risk capability.”

October 2, 2009

More coming soon…

Expect great things!

Expect great things!

I’ve been sitting on some locked posts, so don’t be surprised if a lot of back-dated entries appear in the next little while. Hey, us mamas get busy! (Yes, that’s MY belly!)

September 11, 2009

Infuriating!

I really can’t think of any other word for this than infuriating.  Okay, perhaps I can: bullshit, condescending, paternalistic, sensationalistic… you get the picture. Hedonistic? Spa treatment?! Some spa. Not to take it too much into “Mommy Blog” land, but please show me the spa where you spend 3 days in agonizing back labor only to end up with a not-medically-indicated major surgery?

Maybe the best way to get out all the “feelings” is to just post the letter I sent to the producers of Today.

feelings ahoy!

May 15, 2009

That’s DOCTOR Courtroom Mama to you, Citizen!

Well, Courtroom Mama, J.D.

Somehow I made it.  People ask me how I do it, and my answer is always the same: I have no idea. I just know one day I’ll wake up with a two year old and a J.D.

That day finally arrived.

March 27, 2009

Controversies in Childbirth

The process of blogging this conference has been a little more time consuming than expected, but here’s the quick retrospective…

First impressions, and I think that these things have a bearing in determining what exactly the interests in this conference are.  This show is being run by Alan Huber, with whom I was not familiar, but it turns out that he is Robbie Davis-Floyd’s partner. Although he is connected to the Grand Dame of anthropological midwifery studies, I am not reassured that his conceptualization of the issues is as nuanced as I would prefer.

For example, the session titles area all clearly contrived to be very sensational; like the idea was just to set people of opposing viewpoints in the same room and let them duke it out. I guess it was meant to be the American Gladiator school of debate. Turns out that many of these people are not only not as sensationalistic as they were cracked up to be, but the speakers themselves seemed a little unhappy at the titles of the events.

For openers, Alan got up and talked about the “elephant in the room.” I had come to this thinking that the elephant in the room might be the rift between the obstetrical and midwifery models of care, or about the AMA and ACOG’s persistent persecution of midwives since, like, the dawn of time. But no. Unsurprisingly since Alan is a finance guy, the elephant in the room was “who is going to pay for this.” Actually, it was “who wants to improve childbirth,” [all hands raised], and “who wants to pay for it?” [my commie hand raised].  I had to gnash my teeth in fury for a moment, because I feel like we’re finally having a nuanced conversation about healthcare in the United States, and was really excited about having a real conversation about controversies in childbirth, and it all comes back down to crass economics. Not that I don’t think that economics are something VERY VERY serious and need to be thought about very carefully by bigger brains than mine as we hopefully move to a single-payer system some time in my lifetime, but really, how long will it take us to see that a rising tide raises all ships and it’s totally in our best interest to pay more for healthcare for everyone (and not just any healthcare or the most tricked out gadgetry we can afford, but effective client-focused healthcare proven by evidence). Shouldn’t we ALL want to pay more to improve birth, even if only to perpetuate the species? I was thinking that maybe, just maybe it’s hurting just enough to get us to change (like remember last summer when gas was $4 a gallon and everyone started selling their Escalades?)

Anyway, there was a lot of other stuff that squicked me out a little. Like the fact that I hauled my ass out a day early for some Birth Lawyers meeting only to get an email while I was on the tarmac that it had been canceled. Because it’s not like I have a family or a clinic workgroup or clients or anything that I’m putting out by jet setting (and Fort Worth, well, the locals call it Fort Worthless. That’s all.). Not only that, we paid quite a pretty hunk of cash, and there wasn’t even a soda machine in the room.  Luckily one of the vendors at the Super Baby Crap Bonanza downstairs was Luna Bars, and so they slipped a couple of “fun sized” protein bars into the bag of pamphlets and whatnot. I know it’s sort of grouchy of me, but I’ve been to conferences and whatnot that charged far less money and somehow managed to keep me fed and in free internet connection (that was another annoyance – they was a “pay for service” internet connection, and they acted very “it’s out of our hands” about the whole thing. Surely, surely there must be a way for them to buy a password and then give it out to the attendees?) I can’t help but think that the money wasn’t going to honoraria or to the facility itself, but rather to underwrite the cost of the Expo downstairs. Well played, Huber, well played.  Sadly, however, even as a just-barely-pregnant lady there was nothing useful to me there except the Luna bars. I even tried to get a Bible from the Gideons because at the moment I was having a “threatened abortion” and wondered if maybe their healthcare edition had something highlighted that I might find soothing, and they wouldn’t give it to me because it was just for healthcare practitioners. I left in a tiny bit of a huff, like “OH. This is the word of god to the NURSES, not to the rest of us, I see…” And how do you know I’m not a nurse? It made me wonder if the Gideon’s Bible that was no doubt in my hotel room was the “travelers and sinners” edition.

But enough of the raincloud—I appreciate the sentiment of wanting to get various people with an interest in birth to talk to one another over their fundamental differences of perspective (although I less appreciate the comparison to the abortion “debate,” particularly when the “birth is not ipso facto an emergency” folks are cast in the role of the crazy screaming radicals.) Alan is right, though… once a woman agrees to have a baby—you know, to the extent that it’s an agreement, but I’ll try not to get all Repro Justice on them—we all want to make it the best birth possible.

One of my very favorite presenters came early on, Laureen Hudson, who did a presentation about midwives and birth people retaining relevance now that we’re all Web 2.0 and shit. Anyway, I thought it was pretty neat: the ultimate message is that midwives need to brand better, because women of childbearing age are going to google for everything, and you can’t let the “Dr. What’s-Her-Names” of the world win just by sheer force of webclicks. I could not agree more; don’t get me wrong, crunchy moms are one of the most breathtakingly well connected groups of people out there, but so, so, so much information is so much crap passed on through word of mouth on MDC. You can usually read at least SOMETHING about any given Ob/Gyn by googling them (find their articles, sometimes even their caesarean and VBAC rates, whatever), whereas you’re lucky if a midwife has a website at all, it’s strictly Web 1.0, and she hardly ever answers email, etc. And it’s unsurprising since I have seen a little bit of subtle and not-so-subtle hostility toward the so-called “Millenials” or “18-35s” or whatever you want to call us, sort of like we’re the Pygmies of Bora Bora or something.

Frankly, if it weren’t for online communities, I would not be here. I mean, I’d be blogging (I am blogging elsewhere), but it was being able to connect with ICAN Online, other Yahoo groups, Freebirthers, Cloth Diaperers, and all orders of birth junkies that got me to the conference and where I “AM” in birth world. Although I have to say that there is a discernible divide between the blinkies and siggys and “DHs” and “TTC, so we’re going to BD”  of the message boards/babycenter and the semi-slick ease of use of Wikipedia and other sites my generation uses. So mayhaps we’re like Web 1.5 or something in birth world; but believe me, the geeks are starting to procreate, so I foresee a brave new world.

I’d like to think that the fact that I can multitask three different social networking services at the same time (which I am doing right now) doesn’t mean that my ability to interact in person with other human beings is somehow compromised. I see a lot of this taken with a sort of doomsday, dystopian feeling (in fact the people behind me are grumbling).  Wake up and smell the toobz! These internets are a great thing for birth. We worry that as society becomes more mobile, women are disconnected from the birth wisdom of their ancestors and sisters and all that, and now we finally have an opportunity to find our tribe.

Okay, the rest of this is a little disjointed because my notes are crazy.

One of the panels in particular stood out. Well, it could have stood out. It was Stuart Fishbein, a pro-VBAC doctor; Pam Udy, President of ICAN; Marra Francis, doctor who supports elective cesarean; and Pauline McDonagh who runs a pro-elective cesarean website.

The topic was  whether there is any independent value in a low cesarean section rate. I have to say that this conversation was a little like listening to people argue about the semantics of “pro-choice” and “pro-life.” (You’ve heard this conversation: “I’m pro-life, but I don’t want to make abortion illegal.” “Oh, so you mean you’re pro-choice. I’m pro-choice but I would never have an abortion.” “Oh, so you’re pro-life. We all agree on everything!”) Even though the panel was constructed in such a way that the speakers were supposed to be tearing each other apart, the only tearing I could hear was the upholstery on the chairs as everybody nodded their heads in violent agreement: nobody should be forced to give birth in a way that she doesn’t want to.

Great! Pop the champagne, let’s all go home!

What’s that you say? Women are still being railroaded into procedures that they don’t want? Child protective services are still threatening to take babies out of the arms of mothers that refuse to be injected, transfused, or cut open? Hmm… maybe it will take a little bit more than this.

Just as a side note, Dr. Francis doesn’t believe that women are forced to undergo procedures against their will, “because that would be 2nd degree assault with a deadly weapon, guize!” I’m sorry if anyone there heard me guffaw. First of all, yes, indeed it is a civil battery, but women who bring these cases are laughed out of the courtrooms. Second, criminal charges are never brought! The state would have to prosecute, and I’d love to hear about a prosecutor who gives a rat’s ass about a woman being coerced into surgery or having an episiotomy against her will, even when she’s screaming “DON’T CUT ME!”

This was the remarkable thing about this conference: they really did manage to swing it so that, at least with the speakers, there was a diversity of perspectives. I was particularly impressed (well, terrified) by Ms. Udy’s story of her own VBAC, and how when she requested her medical records to transfer to midwifery care, there were newspaper clippings about her being affiliated with ICAN, like they were building a case against her to order a cesarean before she even made it to term. SCARY. (and perhaps a good reason I remain a spook and not a real woman with a face or a name or whatever else makes you real and not virtual). However, because the panels were relatively unmoderated, there was not an opportunity to actually tease out the differences in what people are saying. Yes, common ground and all that, but when you have 4 people on the stage who should probably be vehemently disagreeing, but they’re all pretty much nodding and saying “yes, nobody should be coerced into a cesarean section.” Well… that’s not what I tend to think of as controversial.

There were a couple of moments where some sparks were going to fly: Ms. Udy said something to the effect of “we have to remember that this is how nature intended for babies to be born,” which of course opens to the door to “and nature intended for a certain percentage of women and babies not to survive labor,” a catch Dr. Francis was quick to make (“the natural consequence of cancer is death, but we intervene there” amirite?). I was telepathically trying to get Ms. Udy to say: “yes, but you are talking about a pathology, and birth is not inherently pathological. Your response reflects the prevailing obstetrical perspective of birth as an inherently emergent situation, whereas in reality only a certain number of births become pathological. We’re advocating for a model wherein interventions are reserved for the times when things go wrong. You don’t immediately give chemotherapy to everyone who comes in with any lump or lesion, nor should you give a cesarean to everyone who comes in with a labor that, say, lasts longer than 12 hours, is a breech, is a multiple, etc. etc.”

She didn’t. But you can’t blame her — when you’re sitting on a panel with people in lab coats, and you’re “just” a mom, albeit president of a large grassroots organization, well, let’s just say the power structures don’t just disappear when it’s convenient for us.

I was, of course, appalled to find out that the number of hospitals that officially ban VBAC has increased exponentially since the last ICAN phone survey. Now it’s something like 800, with 1,200 having a de facto ban? Insanity. And why? Dr. Fishbein, whom I admire, chalks it up to a fear of maloccurance (on whose part, I failed to note. Insurance carriers? Patients? Doctors? Whose ass is REALLY on the line here, hmmm?).

What I found most fascinating was the talk by Ms. McDonagh. First of all, you could tell that she felt like she was under the gun. And probably rightly so, because what I could understand of what she was saying made practically no sense from a logical perspective. Like, there is no independent value in a low cesarean rate because our maternal mortality rate is lower than it was when we had a much lower cesarean rate. Or because our maternal mortality rate is much lower than, say, Pakistan, which has a much lower cesarean rate.

Um? Ok. Stat 101: say it together, kids, correlation does not prove causation. Let’s not forget that the increase in cesareans coincided with other advancements both generally and in medical technology. Like, say, better sanitation, better diagnosing of both maternal and fetal problems, better nutrition, the list goes on. And then she cites something about how the chances of a person getting the birth they wanted are much higher in a planned cesarean, and the rates of maternal satisfaction are higher or something like that. Again, let’s not lose the forest for the trees here: if you want a cesarean birth, and you get a cesarean birth, you got what you wanted and can be pretty happy about that. If you want a vaginal birth and get a major abdominal surgery, you might feel pissed off about it. But since when has the possibility of not getting what you actually want ever justified just changing what it is that you want? And is anybody studying the women who think they want a cesarean, only to be floored by how hard recovery can be?

And then she brought out the perennial bugaboo of the pelvic floor damage. Reality check: yes, many women will suffer pelvic floor damage (especially if you cut a big honkin’ episiotomy!). And many women will be PISSED when it happens because they had no idea that it might. But I don’t understand the logic by which you choose to have the big, nasty surgery to avoid the much smaller surgery down the line. So why don’t we just educate all women about the possibility of pelvic floor damage from childbirth, indeed from lots of stuff like running to being overweight and just aging! Add to that training on how to prevent the damage. And then they can decide whether they prefer the childbirth+surgery with all its inherent risks or possible pelvic floor repair later in life. Not that I think that surgery to repair the pelvic floor is a picnic or anything, but it just seems preferable to a surgery with a large external incision that implicates internal organs and impacts future fertility.

Moving on, there was a really hilarious talk by some people who run a women’s hospital in Amarillo or something. It’s hardly worth commenting on, if only because they cited the idiotic statistic that women spend 80% of the money in the US (which is cited in AdWorld as the reason for pushing the whole photoshopped standard of beauty, and by Men’s Rights Advocates for BAWWWing that “the wimminz have all teh power”). “So we need to find out what women want in a hospital.” Is it support and autonomy? No, it’s HAIR DRYERS! Of course!

Granted, I like the idea of women’s hospitals, and it seems like they have a nice one-stop-shop set up for gynecological care, mammography, etc. But I was really put off by the “Pretty Pretty Princess” aspect of it.

There was some other stuff… Dr. Lucky Jain talked about the problem of iatrogenic prematurity (just whoa), Alan Huber basically said that most birth centers were doomed to fail economically, etc. etc.

There was a presentation on models of prenatal care that really stuck out to me. One of the models shown was “Centering,” where it seems like the mothers do their own prenatal care in a small cohort. It seemed really interesting to let women have control of their prenatal care, and I really like the idea of connecting pregnant women since overall we’re pretty disconnected from birth, but I have to take a moment and say a little wtf:  she mentioned that most of her clients were “Hispanics” and talked about how they play such silly games (the pygmies of Bora Bora again.) Because pregnant Caucasian women don’t play silly games related to pregnancy? Or is tasting baby food and wrapping yourself in toilet paper a normal behavior? The speaker admitted that nobody there spoke fluent Spanish, but apparently she taught a woman to “give a hand massage that changed her marriage.” Well I hope that they taught the husband how to give a foot massage that changed the pregnant mama’s day, at the very least!

Then my favorite person of all times, Jennie Joseph, CNM spoke about her model of care, The JJ Way. I had to laugh thinking about the “Hispanics” thing when she said “it’s the culture of having a healthy baby – what culture doesn’t understand that?!” Every single time I have seen Jennie Joseph speak, it has been breathtaking and inspirational. She has a method, apparently patented, that has literally closed the racial disparity in her practice.

The one thing that seems semi-controversial, and yet entirely commonsensical is the fact that she has “let go” of the need to have her patients deliver out of hospital. She aptly recognizes the fact that for many women, and in particular women of color, a hospital birth is actually a desirable thing. I know that this is an issue among Latina women that I have talked to, that there is a perception that if you have the means, there is no reason to “go back” to the traditional ways of birthing. Whether or not I agree, and whether or not I feel that obstetrics has anything particularly beneficial to offer a low-risk pregnancy, that’s the woman prerogative. I feel like her practice truly respects mothers and understands issues affecting women of color, and has done phenomenally in terms of removing the barriers to care created by the bureaucracy of poverty.

Someone asked a question that seemed a little bit “those people”: How do you get them to show up when there are transportational issues? Ms. J basically said “we can’t judge; they’ll be there if they want to be there, and they know that we’ll see them and not shame them if they’re late.” My god, if my medicaid clinic care had been like that…

I was also deeply impressed by a panel on legal issues with Lynn Paltrow and Susan Jenkins. I’m getting sort of tired, so I’ll probably talk about it at length some other time, but the bottom line is that they really hit the nail on the head with the legal issues of medical decisionmaking. At what point does a pregnant woman lose her right to make choices about her own body? Never!

So, yeah. Overall, I think I give this conference a B. There seems to be talk about there being another one of these, but I’m not entirely sure I want to shell out the bucks for something that, on some level, seems to be lining someone’s pockets. I guess I’m a curmudgeon, but at least I’m a populist, egalitarian curmudgeon.

March 27, 2009

Courtroom Mama out in the world

I won’t make excuses for being silent for so long (I’m actually far from silent), but I’m back and I’m at the Controversies in Childbirth Conference in Fort Worth. I’m tweeting it for anyone who wants to follow in realish time, and I’ll take breaks throughout the day to give you the inside scoop.