Down to Birth #242 | The Legal Rights and Roles of Doulas with Attorney Hermine Hayes-Klein
Doulas are an increasingly important, if not essential, member of a birth support team. However, along with their increased importance, doulas are exposed to an ever-increasing level of risk and liability.
In this episode, we welcome back to the show maternal healthcare and human rights attorney Hermine Hayes-Klein, to discuss the legal rights and roles of doulas. She asks the question, what does support really look like, and can the doula actually assert the mother's right to informed consent or refusal? The answer is complex, in part because doulas don't answer to a Board and therefore enjoy a flexible job description, which is exclusively between her and her client. Hayes-Klein dispels myths surrounding doula advocacy, clarifying that doulas cannot make decisions for their clients, but can speak for the client with the mother's consent and understanding of all parties in the birth space.
Hayes-Klein discusses her latest project, The Birth Rights Law Project, focusing on legal security for out-of-hospital midwives and doulas. The Project provides assistance in creating and understanding documentation, offering a potential lifeline for doulas facing or seeking to avoid legal liability.
If you are a doula or a pregnant mother considering doula support, this episode will shed light on how to best establish the client-doula relationship and help doulas to best understand how not only to protect themselves legally but also to define their personal job description between you and her in your birth space.
#153 | Legal Case Study #2 with Attorney Hermine Hayes-Klein: Injured by Obstetrics with Nowhere Else To Turn
#138 | Legal Case Study #1 with Attorney Hermine Hayes-Klein: Traumatized at a Major Teaching Hospital While Interns Watched and Learned
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