#468: Everybody's Doing It", Not A Legal Standard Of Care With Hermine Hayes-Klein, ESQ.

Obstetric coercion and the erosion of informed consent in childbirth define the current landscape of hospital-based maternity care. Attorney Hermine Hayes-Klein details recent medical malpractice litigation in Oregon, where hospital policies systematically mandate cesarean sections for breech presentations despite insufficient evidence. These policies rely on the flawed "Term Breech Trial" and the false premise that physician custom defines the standard of care, rather than legal requirements for patient autonomy. Beyond breech delivery, systemic issues include the normalization of traumatic inductions, anesthesia-related injuries, and the suppression of vaginal birth options. Medical institutions prioritize institutional convenience and liability avoidance over individual choice, frequently ignoring ACOG guidelines regarding maternal refusal of treatment. True reproductive justice requires recognizing that informed consent is a legal obligation, not a medical suggestion, and that patients possess the fundamental right to direct their own care regardless of provider preference.