Citation

Diaz-Tello F. Reprod. Health Matters 2016; 24(47): 56-64.

Affiliation

Senior Staff Attorney, National Advocates for Pregnant Women.

Copyright

(Copyright © 2016, Elsevier Publishing)

DOI

10.1016/j.rhm.2016.04.004

PMID

27578339

Abstract

In recent years, there has been growing public attention to a problem many US health institutions and providers disclaim: bullying and coercion of pregnant women during birth by health care personnel, known as obstetric violence. Through a series of real case studies, this article provides a legal practitioner's perspective on a systemic problem of institutionalized gender-based violence with only individual tort litigation as an avenue for redress, and even that largely out of reach for women. It provides an overview of the limitations of the civil justice system in addressing obstetric violence, and compares alternatives from Latin American jurisdictions. Finally, the article posits policy solutions for the legal system and health care systems.

Copyright © 2016 Elsevier Inc. All rights reserved.

Language: en