Having a baby is one of the most joyful experiences a person can have. However, it can also be a time filled with fear and anxiety over the delivery process and the health of your new baby. In the delivery room, things can change in the blink of an eye. Suddenly, the birth plan might change, especially if it is a high-risk delivery. With 30,000 to 50,000 high-risk pregnancies in the U.S. per year, this is quite commonplace. When changes are made, doctors are obligated to obtain informed consent from the mother when possible. If they fail to do so, and a birth injury occurs, they may be found liable under medical negligence laws.
What Is Informed Consent?
Informed consent is a voluntary agreement to a medical treatment, and can only be made after the patient has received a clear explanation of all relevant risks, benefits, and alternatives. The key elements of informed consent include:
- Information: The provider or professional must explain the diagnosis, proposed action, potential risks, expected benefits, and alternatives (including doing nothing).
- Understanding: The person must be able to comprehend the provided facts and ask questions without feeling rushed.
- Voluntary Agreement: The choice must be made freely, without force, fraud, duress, or undue pressure.
If any of the above elements are not present, then informed consent was not actually obtained.
Why Is Informed Consent Important During a High-Risk Delivery?
A high-risk delivery when the mother, the fetus, or both face an increased chance of health complications or life-threatening situations during labor and delivery. Informed consent is extremely important in these situations. This is because high-risk deliveries involve more potential complications and interventions, meaning that there is a high chance that the birth plan changes and a new procedure must be chosen. Additionally, when things go wrong, all available options usually involve potentially fatal risk to the child or mother. Before a decision is made, it is important that the mother understand all possible risks of any option presented to her.
What Information Should Patients Receive?
In order for real informed consent to be obtained, there is certain information the patient must be given. This information includes:
- The proposed procedure or intervention
- Potential risks and complications
- Potential benefits
- Reasonable alternatives
- What could happen without the proposed treatment
- Questions the patient may have about the procedure
When all of the above information is provided, it should be enough for the patient to understand all potential risks, benefits, and alternatives, allowing them to make an informed decision. This does not mean that the decision will be easy to make, as with high-risk deliveries there is usually no perfect option that will guarantee both the child and mother’s safety.
Examples of Decisions That May Arise During a High-Risk Delivery
The most common decisions that need to be made during a high-risk delivery include:
- C-section versus continued labor
- Induction of labor versus waiting
- Assisted vaginal delivery using forceps or vacuum versus natural delivery
- Treatment for fetal distress
- Interventions related to shoulder dystocia
- Other emergency procedures when complications develop
The appropriate option in these decisions really depends on the individual circumstances. Each birth is different, thus the risk associated with any of these options will vary from case to case. Additionally, the patient’s personal beliefs may play a role.
When Emergencies Affect Informed Consent
It should be noted that a true medical emergency can negate the need for informed consent. As a high-risk delivery often involves rapidly developing emergencies, it is relatively common for this to be the case. Informed consent may not be needed in situations where there is immediate, life-threatening danger to the mother or fetus and no time to obtain consent. This can be the case if the mother is unconscious or if delaying care to talk would cause death or permanent serious injury.
Informed Consent and Birth Injury Claims
When a birth injury occurs, whether or not informed consent was obtained will play a large part in determining potential legal compensation. If a significant procedure or treatment was performed without adequate disclosure, and a birth injury occurred, then the healthcare provider may be guilty of medical negligence. In these situations, medical records, consent forms, provider notes, and other communications can usually be used to determine whether informed consent was actually obtained.
Understanding Your Legal Options After a Birth Injury
A birth injury during a high-risk delivery can leave a child or mother with devastating lifelong health issues. WHen this happens, it is natural to want answers and restitution. Your best option is to meet with a qualified birth injury attorney. They will be able to review the intricacies of your specific case and determine whether or not informed consent was obtained. If it was not, they will be able to help you gather the necessary evidence to file a birth injury lawsuit and get the justice you deserve.