A recent article caught my eye in cafemom - a great website for mothers and soon-to-be mothers.  The website offers great articles that can be a lifeline.  The article that caught my eye was Delivery Room Video Camera Ban Coming to Your Hospital Next talking about hospitals and why they will not allow capturing the birth of your baby (babies) on video.  If you are interested in reading that article make sure to read the comments too - some support the ban and others not - good reasons on both sides.  The cafemom article actually references another article on care2 a website that focuses on making our world a better place.  The article at care2 is titled What If Cameras Were Banned From the Delivery Room?

I can appreciate the reasons why birthing mothers do not want to be caught in the act of giving birth.  I can also appreciate the reasons why many mothers want to catch the moment when their newborn enters the world.  What I cannot understand is why hospitals and doctors will not allow families the choice to record that moment.

In a just world, if a physician acts negligently while delivering your child he or she should be held accountable for that negligence.  After all we can all make mistakes.  That is why we carry insurance.  The recording of the birth may show negligence and if that recording is entered into evidence during an obstetric medical malpractice case so be it.  However, the recording might also serve to prove that no negligence occurred and the case will fail.  If there is no negligence the recording will be used to clear the physician and hospital of any negligence.  The choice to record the birth of your baby should be up to the parents and not the hospital - at least in my opinion.

One of the comments on the cafemom article talks about having the nurses and doctors in the recording and raises concerns for their privacy.  First of all the recording need not include them in the image at all.  Furthermore, they are often in a public place - a hospital often paid for, at least in part, with tax-payer money - where they should be no expectation of privacy for the doctor or staff.  That same comment also talks about shoulder dystocia but fails to recognize that shoulder dystocia can often be prevented and save the baby from a lifetime of pain and having to deal with a damaged arm.

Shoulder dystocia occurs after the delivery of the head, the anterior shoulder of the infant cannot pass below the pubic symphysis, or requires significant manipulation to pass below the pubic symphysis.  Shoulder dystocia can be sometimes anticipated but if the baby is in jeopardy the team delivering your baby has to know what to do.  One of the better articles can be found at theclinics.com. 

If your child were a 10-year-old and was in a crosswalk and struck by a driver who was not paying attention you would probably sue the driver for the injury caused to your child.  If your baby is harmed by the negligence of your obstetric physician or the hospital staff you should sue to compensate your child for having to suffer as well. While you may or may not agree with either of my views I think you will agree that the right to record the birth of your child should be up to you.

George Tait Law is a law firm and its lawyers represent injured people and their families across Utah including the counties and cities of Beaver, Box Elder, Cache, Carbon, Daggett, Davis, Duchesne, Emery, Garfield, Grand, Iron, Juab, Kane, Millard, Morgan, Piute, Rich, Salt Lake, San Juan, Sanpete, Sevier, Summit, Tooele, Uintah, Utah, Wasatch, Washington, Wayne, Weber, American Fork, Beaver, Bountiful, Brigham City, Cedar City, Delta, Draper, Duchesne, Fillmore, Heber, Kamas, Kanab, Kaysville, Layton, Lehi, Logan, Moab, Murray, Nephi, Ogden, Orem, Park City, Price, Provo, Richfield, Riverton, Roy, Salt Lake City, Sandy, South Jordan, St. George, Tooele, Vernal, West Jordan, and West Valley City. George Tait Law and its attorneys are licensed to practice law only in the State of Utah and maintain offices in Salt Lake City, Utah. No attorney client relationship is established by simply visiting this website.

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