Know Your Rights During Labor and Delivery

When you walk into a hospital to have your baby, you are not just a patient. You are a person with legal rights — rights that do not disappear because you are in labor.

As a childbirth attorney, I've spoken with hundreds of families who didn't know what their rights were until after something went wrong. My goal is to change that. Here is what every expectant parent should understand before they set foot in that delivery room.

The Right to Informed Consent

Informed consent is not just a form you sign when you're admitted. It is an ongoing process throughout your labor and delivery.

Before any procedure — an induction, an epidural, a C-section, the use of forceps or vacuum — your care team is legally and ethically required to explain:

• What the procedure is
• Why they are recommending it
• What the risks and benefits are
• What the alternatives are
• What happens if you decline

You have the right to ask questions. You have the right to take a moment to think. And you have the right to say no.

The Right to Refuse Treatment

This one surprises many people: you can refuse medical treatment, even during labor.

That doesn't mean refusing treatment is always the right choice. In an emergency, your care team may not have time for a lengthy discussion. But in non-emergency situations, you have the right to decline a recommended intervention and ask for alternatives.

If you are being pressured into a procedure without a clear explanation of why it's necessary, that is a red flag. Ask: "Is this an emergency?" If the answer is no, you have time to ask more questions.

The Right to Ask Questions — and Get Answers

You have the right to understand what is happening to your body and your baby at every stage of labor. This includes:

• What the fetal monitor is showing
• Why your labor is progressing the way it is
• What medications are being administered and why
• What the plan is if things change

If a nurse or doctor gives you an answer you don't understand, ask them to explain it differently. If you feel your concerns are being dismissed, ask to speak with a supervisor or patient advocate.

The Right to Have a Support Person Present

In most circumstances, you have the right to have at least one support person with you during labor and delivery. This person can help you communicate your preferences, ask questions on your behalf, and advocate for you when you may not be in a position to advocate for yourself.

Choose this person carefully. Make sure they know your birth plan, your preferences, and — most importantly — that they are willing to speak up if something doesn't feel right.

The Right to Your Medical Records

After your delivery, you have the right to a complete copy of your medical records — including the fetal monitor strips from your labor. These records belong to you.

If you have any concerns about how your labor was managed, request these records promptly. In most states, hospitals are required to provide them within 30 days of your request.

The Right to File a Complaint

If you believe your rights were violated during your labor and delivery — if you were not given informed consent, if your concerns were ignored, if you were pressured into a procedure — you have the right to file a complaint.

You can file with:

• The hospital's patient advocate or patient relations department
• Your state's department of health
• The Joint Commission (if the hospital is accredited)

Filing a complaint does not require an attorney. But if you believe a birth injury occurred as a result of negligence, speaking with a childbirth attorney can help you understand your options.

Advocacy Starts Before Labor

The best time to understand your rights is before you're in labor — not during it. Talk to your OB about your preferences. Ask about hospital policies. Know who to call if you have concerns.

And if something feels wrong during your labor, trust that feeling. You are not being difficult. You are being a parent.

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Gina Mundy is a childbirth attorney and the author of A Parent's Guide to a Safer Childbirth. Learn more at ginamundy.com.