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Re: vbac on demandFrom: Charles Bloom (cdsb@bellsouth.net)Thu May 15 05:36:43 2008
I absolutely agree that if the hospital was not qualified to offer VBAC and never offered VBAC to any other patients, then the patient is transferrable under EMTALA to a facility that offered the service the patient was demanding. Charles _____ From: ob-gyn-l@obgyn.net [mailto:ob-gyn-l@obgyn.net] On Behalf Of DoctorJoe@aol.com Sent: Wednesday, May 14, 2008 2:02 PM To: Multiple recipients of list OB-GYN-L Subject: Re: vbac on demand I would argue that the case being discussed -- namely a G3 with 2 prior C/S who is in very early labor and who presents to a hospital which does NOT have 24 hour on-site anesthesia, etc., etc. (i.e. does not meet the generally accepted requirements for offering VBAC) and who demands a VBAC -- does not fall under the umbrella of the statute since VBAC does not fall "within the the capability of" or "available at" the hospital. So the woman is appropriately transferrable, as long as she's stable. Just my opinion (and not to be construed to represent applicable legal advice). I'd definitely have the hospital attorney involved from the start. Joe P.
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