Lawyers...HELP me!! I need advice!

I am a mother who is pretty depserate right now.  I live in the Bay Area (California) and am expecting my 4th child this summer.  I am saddened and frustrated because there seems to be no hospitals around me that allow me to film the birth of MY child!  Some won't even allow photos.

I was able to do this for my sons but my daughter & my daughter-to-be are getting screwed. 

My question is:  How much pull do the hospitals have in deciding or regulating the filming of the birth of my child?  What is it's not stated anywhere on the website or in brochures or on the L & D floor?   If I pull out the camera anyway can they confiscate it or refuse to deliver my daughter?

HELP!!!

Can you spell L A W S U I T S?

The hospital would not allow me to film the birth of my grandson and that was nine years ago and in Canada.

Bring your camera and you can film all you want before and after, just not while the doctors and nurses are in the room.  At least that is what I have done for all of my grandchildren.  You just don't advertise to it to everyone.

When I asked my doctor he said that they decided this becuase of malpractice suits.

To me that means that they are going to make mistakes and don't want to get caught.  Shouldn't a hospital belive in their staff & procedures enough to know that even if someone brings in some footage that they don't have anything on them becuase the staff is doing everything RIGHT!?  How am I supposed to trust a hospital that isn't confident?

Thanks for your reply BTW!  My friend suggested one of those Nanny-Cam teddy bears...lol!

Just to clarify, you can't get legal advice over calorie count.  I would be suspicious of anything they you receive that purports to be legal advice, because it is probably not legitimate.  Lawyers could be subject to professional discipline for giving you advice in this forum.  It sounds like you are going to do what you want anyway, but if you really want legal advice, find a local lawyer and just a have quick chat with him/her.  That's the only way you could get an opinion you can count on.

(PS, I am in my last year of law school and my ethics exam for the bar is a week from today!!  Hence my paranoia about ethical issues.  ...And personally, I can't blame doctors for not wanting to open themselves up to malpractice lawsuits.  That's scary stuff!)

(PPS, nothing I have said should be construed as legal advice ;) *disclaim*disclaim*disclaim!!!*)

Basic CYA policy, probably.

My hospital didn't have a problem with photos, but I don't know how they would have been with video.  

As mentioned before, if you're insistent on it, consult with a lawyer in person.  Maybe you can get with the legal department of the hospital and make some sort of limited liability agreement - but don't quote me, I'm not even remotely close to qualified legal advice.

Or another option you could consider, and one that is getting increasingly popular, consult with a qualified and experienced midwife about home delivery.

Original Post by lookingfly4newyork:

When I asked my doctor he said that they decided this becuase of malpractice suits.

To me that means that they are going to make mistakes and don't want to get caught.  Shouldn't a hospital belive in their staff & procedures enough to know that even if someone brings in some footage that they don't have anything on them becuase the staff is doing everything RIGHT!?  How am I supposed to trust a hospital that isn't confident?

Thanks for your reply BTW!  My friend suggested one of those Nanny-Cam teddy bears...lol!

 it makes perfect sense that they don't want videotaping in there.  Staff can do everything right and things can still go wrong.

If you want to film, do a home birth or try a birthing center.

What does this have to do with calorie counting or living a healthy lifestyle.  Take this topic to another forum.

Original Post by gyjake:

What does this have to do with calorie counting or living a healthy lifestyle.  Take this topic to another forum.

Ummm...this is the pregnancy and parenting forum, and the OP is directly related to an issue with pregnancy/childbirth.  

If you don't like the thread, nobody's forcing you to read it.

That being said, you can always submit your objection to a moderator.

Original Post by gyjake:

What does this have to do with calorie counting or living a healthy lifestyle.  Take this topic to another forum.

 Hi gyjake,

While this forum is part of Calorie Count, the forums are not limited to calorie counting and/or healthy living topics only.  Any topic related to pregnancy and/or parenting is acceptable in this particular forum so long as it does not violate posting guidelines.  The posting guidelines are as follows:

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Original Post by lookingfly4newyork:

I am a mother who is pretty depserate right now.  I live in the Bay Area (California) and am expecting my 4th child this summer.  I am saddened and frustrated because there seems to be no hospitals around me that allow me to film the birth of MY child!  Some won't even allow photos.

I was able to do this for my sons but my daughter & my daughter-to-be are getting screwed. 

My question is:  How much pull do the hospitals have in deciding or regulating the filming of the birth of my child?  What is it's not stated anywhere on the website or in brochures or on the L & D floor?   If I pull out the camera anyway can they confiscate it or refuse to deliver my daughter?

HELP!!!

My question is: what do you really care about, the birth of your children or getting lawsuit money............ hmmmmmmmmmmmm; it does not sound like the thing to do here......................................... ............................................. . and YES! I DID READ the last post by the volunteer moderator, but still don't understand why seeking LEGAL ADVICE on this forum is OK, while any other comments are not..... beside... what's so great about taping your crotch wide open, bleeding, and all... why would you want anybody (including your children) to see this, VERY INTIMATE!, moment on the tape forever .... There is a fine line between beautiful, intimate and distasteful, but not everybody understands this, I guess..........

Original Post by jogolcia:

beside... what's so great about taping your crotch wide open, bleeding, and all... why would you want anybody (including your children) to see this, VERY INTIMATE!, moment on the tape forever .... There is a fine line between beautiful, intimate and distasteful, but not everybody understands this, I guess..........

Lovely. Not everyone wants to photograph or video tape the birth itself but would like to capture their baby's first cries and the mother's first moments with the baby. Your insensitive, graphic comment shows extreme close-mindedness.

My husband and I were allowed to bring in a still camera for both of my c-sections. We were even allowed to photograph the surgery (my husband took one peek over the sheet and decided that was too graphic). We were not allowed to take video, however. I'm honsetly surprised they won't allow you to bring a still camera. The only reason I can think of is because some digital cameras have the ability to take video (might be a way to capture video in a hospital that allows digital cameras...not that I'm advising you to break the rules). It really is up to the hospital what to allow even though it is the birth of your child. As mentioned before, have you looked into birthing centers rather than hospitals?

Original Post by jogolcia:

and YES! I DID READ the last post by the volunteer moderator, but still don't understand why seeking LEGAL ADVICE on this forum is OK, while any other comments are not.....

What other comments are not okay?  We haven't deleted anything, as no comments thus far have been against posting guidlines.  If you are refering to the comment made by gyjake, we have no objection to his/her comment.  I was just reitterating the fact that this forum is appropriate for any topic in the realm of pregnancy and parenting.

That said, Calorie Count is not the place to seek legal advice, and one can not really expect to receive such.  However, there may be other members here that have found themselves in a similar situation.  They can offer advice on how they overcame this obstacle (and several have made helpful suggestions), as well as those that have posted from the point of view from the doctors/hospital.  While it's not legal advice, it is something for the OP to think about. 

Original Post by gyjake:

What does this have to do with calorie counting or living a healthy lifestyle.  Take this topic to another forum.

 Ummmmmmm, I posted it in the PARENTING & PREGNANCY forum.  Where else am I supposed to post it on this site?  It has to do with me being PREGNANT & a PARENT.

You must work at a hospital in the Labor & Delivery unit...lol!

Original Post by jogolcia:

My question is: what do you really care about, the birth of your children or getting lawsuit money............ hmmmmmmmmmmmm; it does not sound like the thing to do here......................................... ............................................. . and YES! I DID READ the last post by the volunteer moderator, but still don't understand why seeking LEGAL ADVICE on this forum is OK, while any other comments are not..... beside... what's so great about taping your crotch wide open, bleeding, and all... why would you want anybody (including your children) to see this, VERY INTIMATE!, moment on the tape forever .... There is a fine line between beautiful, intimate and distasteful, but not everybody understands this, I guess..........

 I don't really deal with legal advice on a daily basis or lawyers ever.  So forgive me if I don;t know the correct stepd to follow in asking advice from a legal stand point.  Like I said...I am desperate.

I have had 3 other children and the oldest is 11.  I have never even thought about scanning the video of his birth for some small issue to make into a big legal battle.  That's not how I was raised and that's not what I am interested in.  My mother has worked for this hospital for the past 20 years + and I am very educated on procedures dealing with births so I wouldn't make a mountain out of a mole hill.

I am simply trying to find a way to capture a memory for my daughter.  FYI, neither one of the 2 videos I have of my children's births are bloody, wide open, distasteful shots.  I didn't even want the mirror set up so I could watch fromt hat angle.  The shots I have are from the head of the bed.  You see my belly, me pushing and a baby arriving. 

So, relax!!!

Original Post by gyjake:

What does this have to do with calorie counting or living a healthy lifestyle.  Take this topic to another forum.

 we are in the parenting portion of this forum. Read the title first.

I'm not a lawyer or a parent so my two cents might be completely worthless :)  but... I wonder if you might be able to sign some sort of waiver that says if something were to happen you would not submit the film as evidence.  You probably thought about this already but I just thought I'd post just in case you haven't!  Good luck with this, I have no idea such rules existed.  I have oh so much to learn before I get pregnant...

That's a great idea ALLE!!!  Thank you so much!  I have alot of research to do to try & get what I want..the right way

Thanks again!

I think that if the hospital is privately owned, which most are, they can pretty much do anything they want policy wise as long as it doesn't detriment your health, and tell you to go to a different hospital if you don't like it.  Makes sense that they are trying to limit their liability, insurance and law suits for doctors are becoming a nightmare.  

I'm in law school but this should be in no way considered legal advice, I do not have much knowledge in this particular area or state.  

I think it should be up to the mother to be if she wants to allow cameras of any sort in the delivery room.  I think that if there is complications, then the doctor could ask for the camera to be put away but a routine delivery should permit cameras.  I live in Ontario Canada, and while giving birth to my son  July 2006 no one, not even the delivery doctor said anything about my husband taking pictures, and my mom took pictures of my husband cutting the umbilical cord.

i was able to video the whole thing with my son!!!!  this was in klamath falls oregon..... the doctor even allowed my husband to catch my baby as he came out..

maybe ignore them and video tape it anyways!!! are they gonna call security and kick you out?!  well when security comes then u can turn it off i guess.  dont say anything to them...  just do it!  i really hope that you can get it on film! good luck!!!!!!!!!!

Thanks ANOXA!

That's what I was thinking of doing.  Especially since we have a digital that can record movies.  We could either do it that way and be a little more under the radar or just whip out the video and tell them "TOUGH"!  What a lawsuit that would bring if they didn't deliver my baby becuase I had the camera on?!!

I hope it all works out with out ANY conflicts!