It’s the big day. Your baby could arrive at any minute, and you want to capture the moment. The camera is out; you’re ready to record. Then the doctor shakes her head and tells you to put it away. You’re hurt because you’ll never experience this exact moment again and it’s all because some hospitals stop you from filming your child’s birth.
Why Can’t I Film My Child’s Birth?
Hospitals don’t want the liability of pictures or a video recording. It’s not that they don’t want you to see the birth, you can watch it with your own eyes, after all. However, in the case of a birth injury, that video can be used as evidence. Childbirth can be confusing, especially since every birth has unique challenges. What a doctor and nurse might consider a normal birth, a layperson might consider overly rough and dangerous.
Cameras are everywhere now, and that poses a significant liability risk for hospitals that don’t allow the recording of childbirth. Some hospitals even require guests to turn off their cellphones while in the maternity ward. However, every hospital is different. While some don’t allow recording at all, others allow recording postpartum. Likewise, some allow recording of vaginal birth, but not C-section.
Options for Filming Your Child's Birth
If you’re determined to film your child’s birth, there are options. First, ask your hospital if you’re allowed to record during the birth. If they say no, you may want to ask at other nearby hospitals. Additionally, there may be a quick change in plans as a result of potential complications. You probably can’t record an emergency c-section, for example.
Once you find a hospital that will allow you to record, you will need the permission of everyone in the room, including the doctors. Consent is a legal requirement. Even if the hospital, as an organization, agrees to your request, you must still obtain permission from the staff.
Why So Complicated?
After getting consent from the hospital and the staff, you’re finally ready to film your baby’s birth. It may seem like a complicated process, and that’s because hospitals want to protect themselves and their staff. Liabilities and birth injuries are no laughing matter. What may look like rough treatment to the untrained eye, might be normal to a professional.
Whether you have video evidence or not, if your baby suffered a birth injury, you may want to seek legal representation. If you’d like an experienced attorney to evaluate your birth injury claims, give us a call at (404) 846-8800 or send us an email.