uksue
Pearl Clutcher
Posts: 2,500
Location: London
Jun 25, 2014 22:33:20 GMT
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Post by uksue on Dec 14, 2022 23:55:15 GMT
Is anyone else watching this trial?
I've been retired a couple of years now after a career in specialist nursing and as a Registered Midwife. I had to be a qualified nurse with experience before commencing midwifery training, I had to be registered with a governing body and undertake statutory retraining and self re- registration throughout my career.
One of my friends who is still practicing alerted me to the trial.
I'm really confused about the law in Nebraska: no insured qualified licensed or certified midwife or doctor can perform a home delivery ( my first š³) but there's no law against an untrained unqualified unlicenced 'midwife' not only undertaking care and delivery of a pregnant woman, but she can deliver a child at home seemingly with no risk of being held responsible when things go so horribly wrong. Even though she was fully aware that the paramedics in Nebraska are not trained to any useful degree in breech birth, nor to any high standard in infant resuscitation according to the evidence submitted in this case. She was fully aware of this, but chose to try to deliver a breech baby at home to a woman she had cared for before ( but had to refer to Hospital for failure to progress fir csection- giving me concern regarding the mother's pelvis).she attempted an episiotomy with non sterile safety scissors the paramedics use to cut clothes off in an emergency- in a downward position towards the anus š³ luckily for mum she only managed to cut the top skin layer.
It's a bench trial and the judge is clearly leaning towards acquittal in my opinion ( I find the charge of child abuse and neglect odd as well). The defence have argued that the full term child had no rights as she was only delivered to the neck not fully, before becoming hopelessly brain damaged.They attacked the paramedics for not reporting the case as mandatory reporters, then went viciously after the obs/gynae doctor who DID report the mismanagement to police. I just can't get my head around this at all. It's really bothering me, especially as the 'mudwife' swinging in her seat seemingly unworried and smiling. Good choice to go for bench trial however! She's carried on and her website is still up.
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Post by birukitty on Dec 15, 2022 0:08:58 GMT
I hadn't heard about this case before so thanks for posting about it. How horribly sad for the parents to go through this and lose their baby. I will start watching this case and catch up on what has taken place so far, but I'd rather not comment yet until I can get more caught up.
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tincin
Drama Llama
Posts: 5,368
Jul 25, 2014 4:55:32 GMT
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Post by tincin on Dec 15, 2022 2:19:14 GMT
Holy cow, what the heck. Now Iām going to have to google this and catch up.
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Mystie
Pearl Clutcher
Posts: 4,299
Jun 25, 2014 19:53:37 GMT
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Post by Mystie on Dec 15, 2022 2:27:18 GMT
I follow a couple of subReddits that discuss fundamentalist Christians and this case has come up but I haven't followed it closely. But I've certainly become aware through those subs that there is an alarming trend toward dangerous home births in both super-religious and super-crunchy groups, and that U.S. midwifery is insanely under-regulated and under-educated. The regulations for midwives vary widely from state to state and it sounds like other countries have a much better handle on it.
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uksue
Pearl Clutcher
Posts: 2,500
Location: London
Jun 25, 2014 22:33:20 GMT
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Post by uksue on Dec 16, 2022 15:22:54 GMT
So she was found not guilty.
Imo the charges were wrong, but to think she can legally deliver a breech at home when qualified midwives and doctors can't even deliver a straightforward case beggars belief.
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Post by Basket1lady on Dec 16, 2022 17:59:52 GMT
Midwives in the US are nothing like in the UK. Itās a messed up system here and the laws vary from state to state.
There are wonderful midwives with full training and work hard to give mom and baby the best experience. And then there are those who view birth as a natural process with any intervention as a failure and doctors as the enemy.
Some of it has to do with the messed up health care system in the US. Women canāt afford to pay thousands of dollars to have a baby and resort to home deliveries and non-certified individuals to assist with the birth.
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Post by gryroagain on Dec 16, 2022 18:17:21 GMT
Midwives in the US are nothing like in the UK. Itās a messed up system here and the laws vary from state to state. There are wonderful midwives with full training and work hard to give mom and baby the best experience. And then there are those who view birth as a natural process with any intervention as a failure and doctors as the enemy. Some of it has to do with the messed up health care system in the US. Women canāt afford to pay thousands of dollars to have a baby and resort to home deliveries and non-certified individuals to assist with the birth. This! I was coming to say itās a multi faceted issue in the US. The stranglehold of for profit health care makes it impossible for the qualified to practice, illegal in many states. So women turn to unlicensed midwives. this case seems pretty cut and dry the midwife was negligent though.
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Post by smalltowngirlie on Dec 16, 2022 18:25:05 GMT
I had a mid-wife when I was pregnant and she was part of the hospital. I loved her. Any concern I had was "hormones" First time mom so every little thing I asked about, but it was all really just part of being pregnant. When she could not hear our child's heartbeat at 15 weeks she called in another Dr. She made it very clear what her limitations were and she did not chance the health of the mom or baby. The Dr. found the heartbeat right away, no problem.
This sounds so scary for the parents.
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uksue
Pearl Clutcher
Posts: 2,500
Location: London
Jun 25, 2014 22:33:20 GMT
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Post by uksue on Dec 17, 2022 14:23:29 GMT
Midwives in the US are nothing like in the UK. Itās a messed up system here and the laws vary from state to state. There are wonderful midwives with full training and work hard to give mom and baby the best experience. And then there are those who view birth as a natural process with any intervention as a failure and doctors as the enemy. Some of it has to do with the messed up health care system in the US. Women canāt afford to pay thousands of dollars to have a baby and resort to home deliveries and non-certified individuals to assist with the birth. They paid thu woman $3,500 though.
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uksue
Pearl Clutcher
Posts: 2,500
Location: London
Jun 25, 2014 22:33:20 GMT
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Post by uksue on Dec 17, 2022 14:28:42 GMT
I had a mid-wife when I was pregnant and she was part of the hospital. I loved her. Any concern I had was "hormones" First time mom so every little thing I asked about, but it was all really just part of being pregnant. When she could not hear our child's heartbeat at 15 weeks she called in another Dr. She made it very clear what her limitations were and she did not chance the health of the mom or baby. The Dr. found the heartbeat right away, no problem. This sounds so scary for the parents. Imo the parents were culpable. Mum doesn't like hospitals and claims PTSD from the previous delivery started by the midwife but completed at the hospital by csection. I honestly think mum has either a misshapen or small pelvis, creating disproportion. They refused transfer to Hospital at a time that may have saved the child's life and both fully support the midwife . They couidnt criticise her given how they went along with Anger hiwever- they would be incriminating themselves imo.
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Post by myshelly on Dec 17, 2022 14:31:44 GMT
Midwives in the US are nothing like in the UK. Itās a messed up system here and the laws vary from state to state. There are wonderful midwives with full training and work hard to give mom and baby the best experience. And then there are those who view birth as a natural process with any intervention as a failure and doctors as the enemy. Some of it has to do with the messed up health care system in the US. Women canāt afford to pay thousands of dollars to have a baby and resort to home deliveries and non-certified individuals to assist with the birth. They paid thu woman $3,500 though. Yes, but thatās way, way, way less than youād pay at a hospital.
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Post by leftturnonly on Dec 17, 2022 14:59:26 GMT
I haven't even heard of the trial. With your training and experience, this must seem an almost unthinkable situation. No wonder it's come to your attention. I don't know the details of this case, but I know Nebraska has really rural areas. Home deliveries may (been a long time since I studied this) be more common in less populated places. The lack of professional accreditation requirements isn't as shocking to me as it is to you, since I know of places in the country where there is no-one with any serious medical training. Midwives would be in demand no matter their training for anything but the most routine deliveries. Apart from the serious red flags throughout beginning prior to birth The defence have argued that the full term child had no rights as she was only delivered to the neck not fully, before becoming hopelessly brain damaged. THIS is why these so-called "abortion" laws that allow the killing of a baby up to to just after birth are especially damnable. Some states have enacted laws where the death of a child in utero at the hands of another - like when someone attacks the mother - can be considered murder. The unborn child is legally to be treated as a person that may be murdered. To argue that a child has no rights even as it being born is one of the evilest things I know of and is at complete odds with any protections for children. That this defense is using this as an argument disgusts me deeply. Must be a fascinating trial to follow, since it hits just so many buttons. Certainly sounds like it would make a great TV movie. That poor family.
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Post by leftturnonly on Dec 17, 2022 15:06:18 GMT
I follow a couple of subReddits that discuss fundamentalist Christians and this case has come up but I haven't followed it closely. But I've certainly become aware through those subs that there is an alarming trend toward dangerous home births in both super-religious and super-crunchy groups, and that U.S. midwifery is insanely under-regulated and under-educated. The regulations for midwives vary widely from state to state and it sounds like other countries have a much better handle on it. Call the Midwife drove that home to me so well! I'm pretty sure that home births have been gaining in popularity to a broader group of people as well. I don't fit those categories but something I considered quite a number of years ago, and I think they've only become more common since then as costs have continued to increase.
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Post by auntkelly on Dec 17, 2022 16:02:50 GMT
A friendās daughter in law is an RN (although she is not currently working). She is fully insured through her husbandās job. She recently chose to have her third baby at home w/ a midwife even though she was high risk due to the fact that she had to have an emergency C section with her first baby. She is both crunchy and religious. She seems to completely distrust modern medicine even though she is an RN.
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Post by Basket1lady on Dec 17, 2022 17:17:55 GMT
Midwives in the US are nothing like in the UK. Itās a messed up system here and the laws vary from state to state. There are wonderful midwives with full training and work hard to give mom and baby the best experience. And then there are those who view birth as a natural process with any intervention as a failure and doctors as the enemy. Some of it has to do with the messed up health care system in the US. Women canāt afford to pay thousands of dollars to have a baby and resort to home deliveries and non-certified individuals to assist with the birth. They paid thu woman $3,500 though. A birth in a medical facility would be way, way more expensive. Iād be surprised if it isnāt at least $10,000. I had a routine appointment this week for prescriptions that I canāt get transferred from the military to the civilian system. No other issues discussed, nothing new, and all the same prescriptions. It was accidentally billed as paying without insurance and it was $440. The labs that I had done were another $180. We do have birthing centers here which can reduce the cost, but even those are often quite posh and upscale. Some areas of rural USA have ācare desertsā where there isnāt an OB available for 1-2 hours from where people live because it just isnāt profitable. This certainly makes home births more common and even necessary in those rural areas. (And much of Nebraska is VERY rural.) I havenāt followed the trial at all, but it sounds like the mom is at least partially to blame by refusing to be transferred to a hospital. The midwife couldnāt force a birthing mom to be transferred and she couldnāt leave the mom alone to give birth. But Iām very, very surprised that a midwife would agree to delivery a VBAC baby at home. And not to get political, but part of the refusal to be transferred could be the costs. An ambulance ride would be in the thousands of dollars, plus the cost of the hospital admission. I had an emergency c/s in 1997 and DS was in the NICU for 4 hours. It was $26,000 for less than 48 hours in the hospital and that was 25 years ago.
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Post by Merge on Dec 17, 2022 17:47:34 GMT
Through LLL when pregnant with my first I fell down the rabbit hole of crunchy home birthers. There is a STRONG amount of pressure among these women to avoid medical interventions at all costs. Women who give birth in a hospital are shunned. Even using a trained midwife is suspect (they're often called "medwives" pejoratively). Lay midwives like the one brought to trial here are OK, but the preference is for unassisted birth. The women who are into this are VERY rude and abusive towards women who make other birth choices. It's very much like a cult.
Anyway. I wonder to what extent, if any, this mom's reluctance to transfer was based on that pressure. Among those women, failure to birth unmedicated at home is a total failure, showing that mom doesn't really care about her baby.
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lesserknownpea
Pearl Clutcher
Posts: 3,782
Member is Online
Jun 29, 2014 7:56:02 GMT
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Post by lesserknownpea on Dec 18, 2022 9:58:03 GMT
I had an excellent lay midwife deliver my three youngest at home. My midwife had apprenticed to an experienced midwife for several years, was very extensively educated about pregnancy and birth. She conducted birthing classes, did prenatal checks, and worked with a local DR, which enabled her to send for lab work, and screen for complications. Ironically, in addition to refusing to attempt home birth for a breech, she would have refused if the home were a substantial distance from the hospital. Clients who lived too far out agreed to deliver at a friend or familyās home close enough. We also had to agree that we would transfer at any point she felt it was wise, and the doctor she worked with was on standby. I could not have been happier with her.
But even back then, I had acquaintances who went with midwives who were quite different. Not as skilled, experienced or willing to work with the medical establishment. No way would I have used one of them.
Yes, every state is different in their laws. The medical community is trying to make home births illegal. Even though studies consistently show them to be safe in healthy women, and to result in far fewer interventions. Iām glad I was able to choose the kind of care that was best for me, and sorry that so many options are being taken away from younger moms today.
I consider that baby girlās death avoidable and tragic.
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Post by iamkristinl16 on Dec 18, 2022 13:41:18 GMT
I think this āmidwifeā seems very incompetent and negligent. But the parents also have some responsibility. If the mother needed a c-section the first time she should not have tried for a home birth the second time. And if they refused to go to the hospital then that is on them.
I believe my births were all over $10K (all c-sections) but of course you also have a deductible so donāt pay that much out of pocket. If they paid her $3500 and also refused medical care i think their beliefs about births is more at play than money (like what Merge said). However, it also seems that they were quite naive about what could go wrong.
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Post by iamkristinl16 on Dec 18, 2022 14:01:07 GMT
Iām confused about the statement regarding the babies rights and I donāt see that mentioned in the articles Iāve read so far. Can anyone share more info on that? The articles I read said that they were charging Hock because she claimed to be an expert and was negligent. There were comments in one article about the mothers choice to have a home birth and her right to do so. But I donāt see anything that counters that with the childās rights (or lack of). Personally, with what I have read that doesnāt really seem relevant in this case.
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Post by epeanymous on Dec 18, 2022 14:36:41 GMT
Through LLL when pregnant with my first I fell down the rabbit hole of crunchy home birthers. There is a STRONG amount of pressure among these women to avoid medical interventions at all costs. Women who give birth in a hospital are shunned. Even using a trained midwife is suspect (they're often called "medwives" pejoratively). Lay midwives like the one brought to trial here are OK, but the preference is for unassisted birth. The women who are into this are VERY rude and abusive towards women who make other birth choices. It's very much like a cult. Anyway. I wonder to what extent, if any, this mom's reluctance to transfer was based on that pressure. Among those women, failure to birth unmedicated at home is a total failure, showing that mom doesn't really care about her baby. I have posted before--I moderated a board on a parenting forum, and we had a few of these. Truly I could not believe the risks some took, particularly the history some had. Pretty sure I remember someone who was in a state like this who just solo home birthed.
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Post by epeanymous on Dec 18, 2022 14:40:04 GMT
I think this āmidwifeā seems very incompetent and negligent. But the parents also have some responsibility. If the mother needed a c-section the first time she should not have tried for a home birth the second time. And if they refused to go to the hospital then that is on them. I believe my births were all over $10K (all c-sections) but of course you also have a deductible so donāt pay that much out of pocket. If they paid her $3500 and also refused medical care i think their beliefs about births is more at play than money (like what Merge said). However, it also seems that they were quite naive about what could go wrong. I had births from 2002-2015, all vaginal births. I had insurance, so didn't pay the full amount, but I believe the first was around $6500 and the last was around $20,000. And that last one was one where I had the baby an hour after arriving attended by an intern who had never delivered a baby .
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Post by Bobomommy on Dec 18, 2022 16:16:32 GMT
Iām in the US and had three c-sections. My first out of pocket was about $3,000. She was born in 1993.
Our insurance changed (job change) while I was expecting the second child. The carrier we had during the first few months didnāt ask for payment until after delivery, so we had not paid anything to the doctors or hospital. The new insurer had patients pay the co-pay up front. We ended up paying nothing for that child because of the difference n how the insurers received co-pays. 1995
Third child came along and we were still with the ānewā insurer. Co-pay was $10, paid at the first office visit. Thatās it. $10 total. 1997
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Post by Lexica on Dec 18, 2022 19:00:12 GMT
This is all so very sad to me. Completely preventable. BUT, I hold the parents responsible for the majority of the blame. First, I didn't know Nebraska's laws were different to all other states in that no doctor or licensed midwife is legally allowed to attend a home birth, forcing people who insist on having a home birth to use someone who is not licensed. It seems the midwife did get the woman to a hospital during her first birth. That alone should have told her that her PTSD should take a backseat to her baby's welfare and very life. And it sounds like the midwife tried to get them to go to the hospital and the parents refused. That, in my uneducated opinion, places the blame in their laps much more than in the midwife's. They knew she wasn't licensed and had used her before. They had confidence in her, probably more than they should have had. This baby died needlessly, and if the parents had just agreed to go to the hospital, she probably would have survived. Such a horrible shame.
I had my son via C-section. I remember asking the doctor if any subsequent births will need to be C-section as well. He said if I kept the same husband, they would be. I guess my son's head was considered too large for my body frame size. And if I had a different father, the head might be able to fit. So obviously in my case, we probably would have both died if I had been at home and refused to leave. Although I would have immediately agreed to go to the hospital if the person attending the birth told me I need to do so. I know enough to know that I know nothing! I would have followed their recommendations. I had been in labor for such a long time and when they told me that there was meconium in the amniotic fluid, meaning the baby was very stressed, and we needed to get him out right away via C-section, I had no problem with that. I was so exhausted that if they had told me they were going to pull him out of my ear, I would have agreed. I just wanted it over.
And in just the cursory reading I just did about the case, it was said that the midwife tried to tell them they needed to go to the hospital and they refused. I think in a case like that, she should not be held criminally liable. At that moment, the responsibility transfers to the parents, in my opinion. They knew they should be in a hospital setting and put the mother's PTSD fears above the life of their child. Especially since the parents knew what what they were doing was potentially very dangerous given the mother's birth history. I do agree with the ruling that the midwife should no longer allowed to work as a freelance midwife. I don't know how the courts would view her situation if she became licensed and worked through a legitimate birthing center or hospital. Personally, I think if she took the necessary testing, and possibly more training if required, she should be allowed to work directly under a doctor's supervision in a licensed birthing center or hospital setting. But it seems as if she is rather anti doctor's involvement and that would probably not be a good fit.
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Post by bc2ca on Dec 18, 2022 19:24:35 GMT
What a terrible, tragic situation. I have a few friends that chose to have home births for second and third children. They did it under the care of licensed medical centers with an emergency plan in place. Most of DD's former classmates are choosing home births and I don't know if/how their midwives are licensed. I do know they are both evangelical and crunchy and firmly believe that what happens during birth is the will of their higher power so if mom and/or baby die it is heartbreaking but not preventable. It is wild to me that anyone can call themselves a midwife.
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Post by iamkristinl16 on Dec 19, 2022 0:58:40 GMT
This is all so very sad to me. Completely preventable. BUT, I hold the parents responsible for the majority of the blame. First, I didn't know Nebraska's laws were different to all other states in that no doctor or licensed midwife is legally allowed to attend a home birth, forcing people who insist on having a home birth to use someone who is not licensed. It seems the midwife did get the woman to a hospital during her first birth. That alone should have told her that her PTSD should take a backseat to her baby's welfare and very life. And it sounds like the midwife tried to get them to go to the hospital and the parents refused. That, in my uneducated opinion, places the blame in their laps much more than in the midwife's. They knew she wasn't licensed and had used her before. They had confidence in her, probably more than they should have had. This baby died needlessly, and if the parents had just agreed to go to the hospital, she probably would have survived. Such a horrible shame. I had my son via C-section. I remember asking the doctor if any subsequent births will need to be C-section as well. He said if I kept the same husband, they would be. I guess my son's head was considered too large for my body frame size. And if I had a different father, the head might be able to fit. So obviously in my case, we probably would have both died if I had been at home and refused to leave. Although I would have immediately agreed to go to the hospital if the person attending the birth told me I need to do so. I know enough to know that I know nothing! I would have followed their recommendations. I had been in labor for such a long time and when they told me that there was meconium in the amniotic fluid, meaning the baby was very stressed, and we needed to get him out right away via C-section, I had no problem with that. I was so exhausted that if they had told me they were going to pull him out of my ear, I would have agreed. I just wanted it over. And in just the cursory reading I just did about the case, it was said that the midwife tried to tell them they needed to go to the hospital and they refused. I think in a case like that, she should not be held criminally liable. At that moment, the responsibility transfers to the parents, in my opinion. They knew they should be in a hospital setting and put the mother's PTSD fears above the life of their child. Especially since the parents knew what what they were doing was potentially very dangerous given the mother's birth history. I do agree with the ruling that the midwife should no longer allowed to work as a freelance midwife. I don't know how the courts would view her situation if she became licensed and worked through a legitimate birthing center or hospital. Personally, I think if she took the necessary testing, and possibly more training if required, she should be allowed to work directly under a doctor's supervision in a licensed birthing center or hospital setting. But it seems as if she is rather anti doctor's involvement and that would probably not be a good fit. When I was pregnant with my oldest I had a lot of problems with pre-term labor and was at the doctor a lot. I often saw a midwife in the clinic for those check ups. I loved her. But she told me that she couldnāt be the one to deliver the baby, even in a hospital. I donāt know if MN laws have changed since then. I think where the Nebraska laws go wrong is that they open up for unlicensed people to do the work since there seem to be no consequences for acting like a midwife when not certified. I donāt think this midwife should have told the parents that she was experienced in handling a breech birth. That seems to be what gave them the confidence to stay at home, along with the mothers fear of the hospital. In one article I read it said that the mom went to the bathroom alone for more than 10 min after her water broke. They later found her in the bathtub with the baby half delivered (feet out) and that is when the midwife called the paramedics. But what was her plan before that? Why wait until the baby is coming out? What did she think was going to happenāthe baby magically turn on its own? Itās just so sad all around and lots of bad decisions made by the parents and the midwife.
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teddyw
Drama Llama
Posts: 6,850
Jun 29, 2014 1:56:04 GMT
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Post by teddyw on Dec 19, 2022 1:44:07 GMT
Iām in the US and had three c-sections. My first out of pocket was about $3,000. She was born in 1993. Our insurance changed (job change) while I was expecting the second child. The carrier we had during the first few months didnāt ask for payment until after delivery, so we had not paid anything to the doctors or hospital. The new insurer had patients pay the co-pay up front. We ended up paying nothing for that child because of the difference n how the insurers received co-pays. 1995 Third child came along and we were still with the ānewā insurer. Co-pay was $10, paid at the first office visit. Thatās it. $10 total. 1997 We must have had the same insurance in 1997. I also delivered that year with only a $10 copay. I havenāt read any of the news articles yet. Iāll look it up later. Then Iām going to send them to my sil who is a midwife for planned parenthood and see if she has.
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