Migliaccio & Rathod LLP is investigating whether hospitals and healthcare providers used race-based clinical prediction tools when counseling patients about attempting a vaginal birth after a previous cesarean section (“VBAC”).
For many years, a commonly used VBAC calculator reduced a patient’s estimated likelihood of a successful vaginal birth if the patient identified as Black or Hispanic. Critics argue that these race-based adjustments discouraged otherwise appropriate candidates from attempting a VBAC and instead increased repeat cesarean deliveries based partly upon race or ethnicity.
Medical organizations later removed race and ethnicity from the calculator after concerns that the adjustment lacked sufficient scientific justification and could contribute to unequal medical care.
What Patients Report
Patients report:
- Being told they were poor candidates for a VBAC.
- Physicians relying on computerized prediction scores.
- Feeling pressured to undergo repeat cesarean deliveries.
- Learning later that race affected the recommendation.
- Not being informed that race-neutral alternatives existed.
- Believing race influenced their medical counseling.
Why Patients Should Be Concerned
Patients deserve individualized counseling based upon their medical history—not generalized assumptions tied to race or ethnicity. If race lowered a patient’s predicted chance of a successful VBAC, it may have influenced informed consent discussions, physician recommendations, and ultimately the patient’s delivery method.
This investigation seeks to determine whether healthcare providers continued using race-based VBAC calculators after race-neutral versions became available.
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 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 recommendation.
- You believe race affected your childbirth options.
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.