Migliaccio & Rathod LLP is investigating whether Ascension hospitals relied on race-based clinical calculators when counseling patients about attempting a vaginal birth after a previous cesarean section (“VBAC”).
For many years, hospitals nationwide used a prediction tool that reduced a patient’s estimated likelihood of a successful VBAC if the patient identified as Black or Hispanic. Medical organizations later recommended removing race and ethnicity from the calculator after concerns that the tool discouraged eligible patients from attempting a vaginal delivery and instead steered them toward repeat cesarean sections based partly on race rather than individualized medical circumstances.
What Patients Report
Patients report:
- Being told they were not good candidates for a VBAC.
- Physicians referencing computerized success scores during counseling.
- Feeling pressured to schedule repeat cesarean deliveries.
- Learning only later that race may have affected the recommendation.
- Not being informed that race-neutral alternatives existed.
- Believing they were not given a meaningful opportunity to choose their delivery method.
Why Patients Should Be Concerned
Medical recommendations should be based upon each patient’s individual health, pregnancy history, and personal circumstances. If race or ethnicity reduced a patient’s predicted likelihood of a successful VBAC, that information may have influenced counseling, informed consent, and ultimately the type of delivery the patient received.
This investigation seeks to determine whether Ascension hospitals continued using race-based VBAC prediction tools after updated race-neutral versions became available and whether patients received complete and accurate information regarding their delivery options.
Potential Claims May Include
- Healthcare Discrimination
- Violation of Section 1557 of the Affordable Care Act
- Violation of Title VI of the Civil Rights Act
- Lack of Informed Consent
- 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 Ascension hospital.
- You previously had a cesarean delivery.
- You were discouraged from attempting a VBAC.
- Race or ethnicity may have affected your counseling.
- You underwent a repeat cesarean after being told your chances of success were too low.
- You were not informed that race influenced the calculator being used.
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.