Hiring a Lawyer When Your Rights Are Violated During Birth


If you faced serious abuse during pregnancy or birth, or if a hospital or doctor is threatening you with forced medical procedures, you need a lawyer. Many people mistakenly believe that lawyers make things more contentious, or that hiring a lawyer is a drastic measure appropriate only in the most serious cases. Others believe myths about greedy, unethical lawyers.

This anti-lawyer culture harms birthing people because it prevents them from protecting their rights. Lawyers are experts on your rights, including your rights when giving birth. The right lawyer can save you time and trauma. Here’s what you need to know about hiring a lawyer.

What Can a Lawyer Do?

Lawyers do a lot more than just file lawsuits. In fact, the best lawyer can actually prevent things from escalating by sending a few letters. If you haven’t yet given birth, a lawyer can negotiate with your hospital or doctor, cite the law, and ensure your rights are honored and your wishes are obeyed.

If a hospital is threatening a court order or planning to involve DFCS, the right lawyer can deter them from doing so. If things escalate, a lawyer can assert your rights and greatly reduce the risk of a court-ordered c-section, DFCS involvement in your family, and other issues.

It’s easy to find an Internet site that tells you you have the right to something. What’s much harder is enforcing that right. That’s the job of your lawyer. They can apply the law to your specific situation and help you get the best possible outcome.

When Should I Hire a Lawyer?

There’s no situation in which hiring a lawyer would be inappropriate. In fact, hiring a lawyer early in the complaint process is the best way to protect your rights. You should hire a lawyer if:

  • You are pregnant and the hospital is attempting to coerce a c-section.

  • The hospital or doctor is threatening to seek a court order for medical interventions.

  • The hospital or doctor is threatening to involve CPS/DFCS.

  • You were injured by a doctor’s negligence or malpractice.

  • A doctor physically assaulted you, such as by performing a medical intervention without your consent.

  • A hospital refused to treat you when you were in labor.

Don’t Lawyers Cost a Lot of Money?

Not always. And in almost all cases, a lawyer will cost less than your birth. Some lawyers take medical malpractice and similar cases on a contingency basis, which means they take a portion of any money you win in a lawsuit. Others offer discounted or pro bono rates.

For a letter or a few phone calls, most lawyers will charge a few hundred dollars. While this can be a lot of money for some families, it pales in comparison to the challenges of recovering from trauma or paying for birth interventions that you did not want. So find a way to scrape together the money, because a lawyer is your very best ally for asserting your rights.

How Can I Find a Lawyer?