Hi Jo, I feel for this family and for you, because this is such a violent way to bring a child into the world.
It would be fairly easy to prove that the release was signed under duress, on the grounds that care would be with-held if it was not signed. I have been in a situation where one of these documents was signed and the ob admitted that it would not mean much in court. The behaviour of the ob could be viewed as battery.However, the parents probably need some time to think about the implications of taking action for them personally both emotionally and financially. They will no doubt need some serious follow up to try to head off PTSD. I think consulting a professional such as a psychologist within this area would be essential (and encourage them to keep receipts).The hospital may have such a service. However, if litigation is likely it would be better to go private due to sharing of medical records. It may be that mediation is the least risky to the couple. The outcome might not be that anyone wins, but if people do take obs to mediation they are going to be inconvenienced and embarrassed, and may be less likely to behave in a way that would land them there again. I don't know what state you are in, but in Victoria there is a health commissioner where you can make a complaint and it is dealt with in a non adversorial manner. It might be worth making general enquiries to see what the options are, and to think about what sort of outcomes the family want. If they want to make the ob aware of the impact of his actions and perhaps get an apology, this may be appropriate. Kind regards, Nicole Carver. -----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] Behalf Of jo Sent: Saturday, November 19, 2005 12:19 AM To: ozmidwifery@acegraphics.com.au Subject: RE: [ozmidwifery] question - lodging complaints I had a situation 2 days ago with a transferred homebirth. Mum had cholestasis, on arrival to home she was 6 cms and bub was breech. It was mums decision to transfer to hospital. On arrival she was bullied and reprimanded as she refused c/section (they had the theatre ready). Ended up having to sign a disclaimer that she would not sue OB if he facilitated vag breech birth and something went wrong. Baby's shoulders were born, OB jabbed her peri with local and had scissors poised for episiotomy. Father shouted "PAUSE" and said it has to be mums decision. OB muttered something about cranial haemorrhage and quickly CUT! Father absolutely furious, swore at OB while OB pulled so hard on baby's body to birth head. I've never witnessed anything so brutal, unnecessary and without consent before. Yet parents had signed that disclaimer before hand so I guess there's not much they can do. Any suggestions???? Jo -----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Andrea Robertson Sent: Friday, 18 November 2005 4:56 PM To: ozmidwifery@acegraphics.com.au Subject: RE: [ozmidwifery] question - lodging complaints Every State has a Consumer Health Complaints Commission. Anyone can use this service, not just consumers. Midwives can lodge details of shoddy or dangerous practise, quite anonymously, and if there are enough complaints, then the Commission is obliged to investigate. If an incident report was written each time one of these situations occurred, then a quiet word in the ear of the risk management team at the hospital should surely trigger some action, especially if they are concerned about the possibility of later litigation. Perhaps the parents should be alerted as well, perhaps in the de-brief after the birth or soon after they get home. They might then ask some questions of the hospital, which would require them to review the notes. These situations and practitioners are terrible and we must find a way of stopping them.... Andrea At 10:29 AM 18/11/2005, you wrote: >Is there anywhere midwives can go for help in >situations like this? ACMI? ANF? Or Clinical >advisory committees? M/W s are scrutinized so >harshly when anything goes wrong . where is >the scrutinizing mechanism for the doctors? Any one know? MM > > >---------- >How crazy it is that they ignore this in the >hurry to 'get the baby out' I get so >discouraged by the lack of simple wisdom and >respect for the natural process of labour. >Barb, it is so true that we are unable to speak >out when we see such terrible mis-management, >those of us that do are indeed subjected to >incredible bullying. During my recent >confrontation over some issues I was told " you >are a good NURSE Sue, you care too much, that's the problem" !!! >WE may avoid the bullying by not working in the >area, but the women are still being bullied and babies still being damaged. >We have an OB who does not wait for restitution, >instead is now training the Registrars before >even looking at the way the head has come out to >pull downward on the head, put their hand beside >the head in the vagina and sweep the anterior >arm forward. I have seen a run of 4 # humerus >and/or clavicles. I have made efforts to address >this at staff meetings because I have been >documenting what I see and specifically stating >'not shoulder dystocia' in the notes. The result >from this and for commenting on the second twin >we lost from the same SOTB OB was that I have >experienced the most incredible medical >bullying/harassment. I now do not work in Birth >Suite and thankfully the bullying has stopped. >This is due to the Morris/Davies Royal >commission and Forster review. I had my private >say on bullying. However why can't I get other >midwives to stand up for what they see and the damage that is done? >Barb >My goodness me not wait for restitution, >strikes me as someone trying to redefine the >mechanism of normal birth to suit their own >fears and prejudices - Wow! So if in fact a >baby needs to restitute to birth the shoulders >comfortably and in the best position, and were >going to cut that part of the birth out, are we >not going to see a marked increase in the >incidence of shoulder dystocia? Might be one >to look out for with these hasty practitioners. > >I can only imagine how they would cope at the >majority of water births Ive been at, where the >head is fully crowned, and its usually a matter >of minutes, sometimes up to 5 or 6 before the >body follows. And then theres that tricky >little stop at the hips that those water babies >tend to do too sigh, why is there so much fear >and ignorance surrounding what has been >happening for so many years? Is it just an >insane need to control everything, or am I just >naïve in my belief that mother nature knows what shes doing? > >Tania > > > >---------- >From: [EMAIL PROTECTED] >[mailto:[EMAIL PROTECTED] On Behalf Of Susan Cudlipp >Sent: Thursday, 17 November 2005 3:33 PM >To: ozmidwifery@acegraphics.com.au >Subject: Re: [ozmidwifery] question > >Good point Anne! > >I did quite a thorough search last night and >have printed off some good articles which I will >pass on. However I could not find the answer to >why EXACTLY babies die in shoulder dystocia. If >it is asphyxia, then (obs point of view) this >proves that the cord is not sustaining them. The >ob said to me that if the cord WERE sustaining >them there would be no urgency to deliver the >body, also quoted from the ALSO course that the >fetal Ph drops 0.04 (?) per minute after >delivery of head therefor we should not be >waiting for restitution but delivering body ASAP. (I didn't even go there!!) >My feeling is that it is more to do with >probable cord compression, (although I cannot >picture why this should necessarily be so as the >body and hence, presumably, the cord, would >still be above the pelvic brim) and trauma to >the neck usually caused by mis-management >(panic) in trying to deliver the shoulders than >asphyxia, but it is true that they become >asphyxiated within a short time if truly stuck. Any answers on that one? >Thanks >Sue > >"The only thing necessary for the triumph of >evil is for good men to do nothing" >Edmund Burke >----- Original Message ----- >From: <mailto:[EMAIL PROTECTED]>Anne Clarke >To: <mailto:ozmidwifery@acegraphics.com.au>ozmidwifery@acegraphics.com.au >Sent: Thursday, November 17, 2005 5:54 AM >Subject: Re: [ozmidwifery] question > >Dear Susan, > >You could say to them if this is so why do they >rely so much on cord ph's ? One would think >when the baby was born and the pulsating cord >was still not supplying the baby effectively the >cord blood (venous and arterial) was null and >void to provide an estimation of oxygenation for the babe. > >Regards >Anne Clarke >Queensland >----- Original Message ----- >From: <mailto:[EMAIL PROTECTED]>Susan Cudlipp >To: <mailto:ozmidwifery@acegraphics.com.au>midwifery list >Sent: Wednesday, November 16, 2005 9:30 PM >Subject: [ozmidwifery] question > >I have a question for you wise ozmidders. >I was having a discussion today with one of our >obstetricians regarding cord clamping, and the >benefits to the baby of delaying this until >pulsations cease. When I mentioned the benefit >of the baby recieving oxygenated blood via the >pulsating cord which could assist it's >transition to independent respiration >particularly if it was compromised (etc >etc) the obs was of the view that the >pulsations could NOT be providing oxygenated >blood because the uterus would have contracted >down and the placenta could no longer be getting >oxygen from mother's circulation. >Now I know that I have read reams on this and >this is stated to be one of the benefits, but I >could not answer that particular question physiologically and convincingly. >The point was also raised that in shoulder >dystocia, babies die of asphyxiation, which (obs >opinion) would not happen if they were recieving oxygen via the cord. >I did print off George Morley's excellent papers >for this Dr to read but would very much welcome >anything that can show that the baby would still >be receiving oxygenated blood post birth. > >TIA >Sue > > >"The only thing necessary for the triumph of >evil is for good men to do nothing" >Edmund Burke > > >__________ NOD32 1.1289 (20051116) Information __________ > >This message was checked by NOD32 antivirus system. ><http://www.eset.com>http://www.eset.com > > >---------- >No virus found in this incoming message. >Checked by AVG Free Edition. >Version: 7.1.362 / Virus Database: 267.13.3/173 - Release Date: 16/11/2005 > > >---------- >No virus found in this incoming message. >Checked by AVG Free Edition. >Version: 7.1.362 / Virus Database: 267.13.3/173 - Release Date: 16/11/2005 ----- Andrea Robertson Birth International * ACE Graphics * Associates in Childbirth Education e-mail: [EMAIL PROTECTED] web: www.birthinternational.com -- This mailing list is sponsored by ACE Graphics. Visit <http://www.acegraphics.com.au> to subscribe or unsubscribe. -- This mailing list is sponsored by ACE Graphics. Visit <http://www.acegraphics.com.au> to subscribe or unsubscribe. -- This mailing list is sponsored by ACE Graphics. Visit <http://www.acegraphics.com.au> to subscribe or unsubscribe.
