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There are certain topics that we just can't discuss enough, and attempted vaginal birth after a previous cesarean section is one of those. VBAC and informed consent for VBAC seem to be the topics du jour in every obstetrics program.
The number of VBACs seems to have declined following concerns about the risk for uterine rupture. Some physicians prefer elective C-sections to VBAC because of large monetary awards in medical malpractice lawsuits dealing with VBAC, such as a $30 million judgment in Philadelphia.
Is there life after this death for VBAC? As your friendly defense lawyer, I can tell you those are hard cases to defend.
A recent prospective, multicenter study that provides the first solid data on the risks of VBAC showed that only (0.7%) of 17,898 women who attempted VBAC for a term singleton developed uterine rupture. Only 12 term infants in the VBAC group developed hypoxic-is-chemic encephalopathy, 7 of them in the uterine-rupture subgroup. The absolute risk for hypoxic ischemic encephalopathy was approximately 1 case per 2,000 women attempting VBAC at term (N. Engl. J. Med. 2004;351:2647-9).
Even though the risks of a bad outcome are small--and ongoing statistics support that--those statistics take flight when you're in the witness chair and a catastrophically affected infant is with a parent in another witness chair.
You'll notice that when speakers at meetings present statistics about the risks or benefits of VBAC, there are no photographs of a catastrophically affected infant. But the jurors will see that. When a case goes to trial, the focus is on the care and treatment provided by a specific physician for a specific patient ...
Source: HighBeam Research, Informed consent for attempted VBAC.(GUEST EDITORIAL)