Know Your Rights: Prenatal Care, Labor & Hospital Stays
When you're pregnant, you're not just preparing for birth; you're also navigating a complex healthcare system that often doesn't make it easy to speak up, ask questions, or even know what's allowed. As a doula and educator, I believe that knowledge is one of the most powerful tools you can bring with you into the birth room. So let’s talk about something that doesn’t get enough attention: your legal rights during prenatal care, labor, and hospital stays.
1. You Have the Right to Informed Consent (and Refusal)
This means that your provider must explain any procedure, test, or intervention, including:
What it is
Why it's recommended
Potential risks and benefits
Any alternatives (including doing nothing)
You also have the right to refuse any intervention, even if the hospital recommends it. Consent is not a one-time thing; it can be withdrawn at any time. This applies to everything from cervical checks to IVs to continuous monitoring. You also have the right to change your mind! If you refuse something at first, you can choose to do it later, and vice versa.
Here’s an example: You plan on having an unmedicated delivery and decide you do not want to consent to any cervical exams. You have been laboring for a while at the hospital and are getting tired. You start to consider that maybe you want the epidural after all. Your doula lets you know that it seems like you’re close to the pushing stage and asks if you would still want the epidural if you are, in fact, close. You weigh the options and decide if you are past 7cm, you can do it! So, you choose to consent to a cervical exam to see your progress.
2. You Have the Right to Choose Your Provider and Birth Place
Whether you're planning a hospital birth, birth center, or home birth, you have the right to choose (and change!) your care provider. If something doesn’t feel right (if you feel unheard, dismissed, or unsafe), you can request a second opinion or transfer care.
During labor, if you're in the hospital and feel your needs are not being met, you can also request a different nurse or provider.
Here’s an example: You are newly pregnant and set up your first appointment with the provider your friend used and was happy with. The first couple of appointments are fine, but you’re looking for more care. As the pregnancy progresses, you realize the kind of care and support you’d want isn’t being met by this provider, and you choose to start interviewing others.
3. You Have the Right to Be Treated with Dignity and Respect
The law protects you from discrimination and abuse in healthcare settings. This includes:
Being pressured or coerced
Being spoken to disrespectfully
Being touched without your consent
You are allowed to have someone with you for support, your partner, doula, or chosen companion, based on the hospital’s visitor policy (which they must provide clearly and transparently).
Here’s an example: You practice modesty and ask that no male personnel be allowed in the room. The nurse tells you the new male resident will be in to place your epidural. You remind the nurse that you do not want any male providers in the room. The nurse makes comments about how you’re being difficult and says that if you truly wanted the epidural, you wouldn't care who placed it. Your support person helps you advocate and ask for only female providers, as it is your right.
4. You Have the Right to Access Your Medical Records
You can ask to review your prenatal chart, labor records, and newborn medical records at any time. These are your records, and you don’t need to justify your request.
Providers are legally required to give you the requested records in a timely manner, usually 30 days with a written request. They are not allowed to deny a request due to nonpayment of the services received; they cannot charge you for searching for the records, but can charge for mailing and copying the records.
5. You Have the Right to File a Complaint
If something happens during your care that feels wrong or violates your rights, you have the legal right to file a grievance. This can be done through the hospital’s patient advocate office, your state’s medical board, or even legal channels if needed.
6. Yes, You Can Decline a Cesarean. Yes, You Can Decline an Induction.
This one is big. You cannot be forced into a cesarean or induction. Providers may recommend it based on their judgment or hospital policy, but you still have the final say.
Ask questions, find out why things are being recommended, make sure you understand the benefits and the risks, and make a decision that feels right for you.
Here’s an example: At your 39-week appointment, your provider tells you that they’ve gone ahead and scheduled you for an induction a couple of days after your due date. You let them know that you have looked into it and are comfortable with waiting for your baby to arrive on their timeline and decline the induction.
7. You Have the Right to Labor in the Way That Feels Best to You
Want to walk during labor? Try different positions? Use hydrotherapy? Unless there’s a true emergency, you have the right to make choices about your comfort, mobility, and how you manage your pain.
Learn about the comfort measures available to you during labor, what you can do yourself, and what options your birthing location has.
Final Thoughts:
It’s not enough to know that you have rights; you deserve to feel confident in exercising them. Having the right support system can help. A knowledgeable doula, an informed partner, and a provider who respects your autonomy can make all the difference.
If you’re preparing for birth and want help creating a birth plan that aligns with your values and legal rights, I’d love to support you. My Birth Planning Sessions are all about education, confidence, and empowerment.
You are not a passive patient. You are an active participant in your care, and you deserve to be treated that way.
