Migliaccio & Rathod LLP is investigating whether HCA Healthcare hospitals relied upon race-based clinical calculators when counseling patients about whether they could safely attempt a vaginal birth after a previous cesarean section (“VBAC”).
For years, many hospitals used a prediction tool that lowered a patient’s estimated likelihood of a successful VBAC if the patient identified as Black or Hispanic. Critics argue that the calculator discouraged eligible patients from attempting a vaginal birth and instead steered them toward repeat cesarean deliveries based partly on race or ethnicity rather than individualized medical circumstances.
What Patients Report
Patients report:
- Being told they were poor candidates for a VBAC.
- Physicians relying on computer-generated success scores during counseling.
- Feeling pressured to schedule repeat cesarean deliveries.
- Learning only later that race was included in the calculation.
- Not being informed that race-based scoring had become controversial.
- Believing they were denied meaningful participation in treatment decisions.
Why Patients Should Be Concerned
Medical decisions should be based upon each patient’s individual health rather than assumptions tied to race or ethnicity. Clinical tools that reduce predicted success rates because of race may influence discussions about delivery options and affect informed consent.
This investigation seeks to determine whether HCA Healthcare continued using race-based VBAC prediction tools after safer, race-neutral alternatives became available and whether patients were adequately informed about how those recommendations were generated.
Potential Claims May Include
- Healthcare Discrimination
- Lack of Informed Consent
- Violation of Section 1557 of the Affordable Care Act
- Consumer Protection
- Medical Negligence
Signs You May Be Affected
You may be affected if:
- You are a Black or Hispanic patient who delivered at an HCA Healthcare hospital.
- You previously had a cesarean delivery.
- You were discouraged from attempting a VBAC.
- Race or ethnicity may have affected the recommendation you received.
- You underwent a repeat cesarean after being told your VBAC chances were too low.
- You were not informed how your VBAC score was calculated.
If you have encountered these issues, we would like to hear from you. Please complete the contact form on this page, send us an email at [email protected], or give us a call at (202) 470-3520.