A Violent Birth: Reframing Coerced Procedures During Childbirth as Obstetric Violence

Area of Science:

• Medical Law
• Public Health
• Reproductive Rights

Background:

• The U.S. legal system inadequately addresses coerced medical procedures during childbirth.
• Women's autonomy and choice in childbirth are often overridden, prioritizing fetal risk assessment.
• Existing legal frameworks fail to provide redress for violations of bodily autonomy in obstetric care.

Purpose of the Study:

• To analyze the shortcomings of the current U.S. legal framework regarding coerced childbirth procedures.
• To propose the adoption of an "obstetric violence" framework from Latin America.
• To outline strategies for implementing this framework in the United States.

Main Methods:

• Comparative legal analysis of U.S. and Latin American (Venezuela, Argentina) legal systems.
• Examination of case law and legislative approaches to obstetric interventions.
• Proposal of legislative and litigation strategies for the U.S. context.

Main Results:

• The current U.S. legal system offers limited recourse for women subjected to unwanted obstetric interventions.
• The "obstetric violence" framework provides a more robust approach to protecting women's bodily autonomy.
• Implementing this framework could enhance legal protections and address systemic failures in U.S. childbirth care.

Conclusions:

• The U.S. legal system requires reform to better protect women's reproductive rights and bodily autonomy during childbirth.
• Adopting an "obstetric violence" framework offers a viable solution to address coerced medical procedures.
• Legislative and litigation efforts are necessary to implement this framework and ensure equitable childbirth experiences.