Punished for Birth Center Birth

My question involves medical malpractice in the state of: California

I had my baby at a birthing center. The pediatrician we were going to use told me to call her after the birth to set up an appointment. I did, but because it was a weekend and she wasn't available, she told me to take my baby to a hospital for a colleague to evaluate my baby (she wanted the baby seen in 24 hours). When I got to the hospital, they admitted my baby in NICU and kept telling me that I didn't have prenatal care and that "I should have had my baby in the hospital." They said my daughter "may have an infection" and that they wanted to keep her "just in case." When I said no, they threatened to call CPS on me. I was scared, so I just went along with what they wanted to do. My baby was in there for 3 days. All the tests were negative but they gave her antibiotics "just in case," kept criticizing going to a birthing center. She was fine, no fever, eating great (breastfeeding) and pooping/peeing normally. They wanted to keep her longer, but when I told them I was afraid I wouldn't be able to afford it, they let her go. I defintely feel like the hospital punished me for where I gave birth. what can i do about this?

You received a bill for a four day NICU stay? Or is this something your insurance picked up? (Health insurance companies won't pay for a four day NICU stay unless there's medical need.)

My insurance covered the birthing center. I haven't gotten a bill yet from the hospital. This happened a week ago. I thought about contacting my insurance, but if they don't pay won't the hospital look to me for payment?

Of course.

If you truly didn't give your insurance information to the hospital, and you haven't even bothered to inform them that you may be incurring a $40K+ NICU bill, you had better get on the ball.

I did give them my insurance info., which covers 80 percent of the bill. However, that's not my issue. My issue is that my healthy baby was admitted to their unit because of their own bias against my natural birth at a nonhospital facility. I don't feel my insurance or I should have to pay for treatment that was not necessary. When I told the hospital that I wanted to refuse treatment there and instead follow up with another pediatrician they threatened to call CPS. They scared me into staying.

Essentially, you consented to everything.

You and/or your insurance company are on the hook for payment.

OK, but is there a way to fight this so it doesn't happen to other people? haha, i can't just bend over and take it -- it just seems too wrong!

For what not to happen?

Hon, I know where you're coming from - but you essentially AGREED to the treatment and service.

I'm a huge proponent of doulas, midwives and birthing centers, and there is nothing at all in the law which says you must give birth in a hospital or even get prenatal care.

Now with that said, unless you're actually a nurse or other medical professional yourself and are familiar with these situations, I also don't see anything wrong with having your child checked out on a "just in case" basis.

Better safe than sorry.

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Quoting Dogmatique

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Now with that said, unless you're actually a nurse or other medical professional yourself and are familiar with these situations, I also don't see anything wrong with having your child checked out on a "just in case" basis.
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checked out "just in case" isn't 4 days in NICU though.

there would be no reason to keep the child 4 days let alone 4 days in NICU.



I think you need to wait until this runs through your insurance company. If they pay without question, as Mr.K said, there was probable justification for the stay.

This is a bit off topic but is your insurance a PPO and is this hospital an in network provider?

I agree that a 24-hour "just in case" could be justified, not a three day stay.
My insurance is a PPO and this happened at an in-network hospital.

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Quoting jk

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checked out "just in case" isn't 4 days in NICU though.

there would be no reason to keep the child 4 days let alone 4 days in NICU.



I think you need to wait until this runs through your insurance company. If they pay without question, as Mr.K said, there was probable justification for the stay.

This is a bit off topic but is your insurance a PPO and is this hospital an in network provider?

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OP always had the option of removing kiddo....

The fact that she did not is going to be a factor.

She agreed.

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Quoting Dogmatique

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OP always had the option of removing kiddo....

The fact that she did not is going to be a factor.

She agreed.

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Doesn't make any diff. PPO and in network means if the insurance denies the claim, OP is not liable for it either. That is how they are contracted.

and to the option? Not really. The hospital coerced her into leaving the children. The threat of contacting CPS if she did not leave the child is not freely accepting of their services.

let me add a caveat to that:

in most situations with a PPO and in network, patient is not liable if insurance denies the claim. There are some circumstances that would not fall under that unbrella.

I find it odd, if not improbable that OP's newborn...born outside the hospital....would have been admitted to a NICU. Outside births are never permitted to be in the NICU due to possible contamination. Could it be the baby was admitted to the PICU? In any event, I agree with the others that your insurance company will need justification for a 4 day admission. No Physician will admit a "healthy" baby to an intensive care unit "just n case". They must have observed something to concern them enough to admit the baby. Just saying.

I am missing one thing here--- what ever happen to patient's rights? : (this apply's to the underaged patient's parent or legal primary caregiver as well.)
The Right to Treatment Information: to legally know WHY the child was being admitted into the NICU other than "just in case".

The Right to Privacy and Dignity (that you shouldn't be treated differently b/c of where you chose to give birth)

The Right to Refuse Treatment

The Right to Emergency Care

The Right to an Advocate (that someone in that facility couldve handled your concern and thus you wouldnt have felt "scared or threatened" to make a choice you weren't comfortable with..

Also: Right to INFORMED consent- a process in the medical community which supports the idea that patients/legal guardians/parent should be fully informed at all stages of medical treatment- and understand all information that was provided in a language that the lay person can understand.

I do not claim to have legal expertise, but as a nurse I do know that this is a National Bill passed in 1997 under the Clinton Administration. Also, patients that are in a higher level of care usually have an assigned Nurse case manager for that unit that make sure that specs are reviewed and the are preapproving treatments (is most cases) with the payor source (your insurance company). 4 days in ICU for "just in case" is not typical practice for many reasons: a) the price of a higher level of care bed is considerably expensive- a cost that a hospital wouldn't want to eat "just in case" your insurance company doesn't pay. b) most ICU's- adult or pediatric/neo natal are high census areas- meaning they aren't going to let a stable patient camp out when they could receive adequate care a nursery or pediatric unit- what if the bed is needed for a TRUE critical child?- an occupied bed could be detrimental to someone else's life.
I agree- definately get on the ball and talk to your insurance provider. I know it is a pain in the rear- but go ahead and get ahead of the issue and know where it may go- Also the hospital's Risk Management dept may be helpful at handling your complaint.
Good luck-
PJ RN ;)

OP, don't u wish you just waited for your doc to see your baby? I think I can categorize it to false imprisonment. It is so weird that they threatened you to CPS like they really care abt your baby :rolleyes: but the moment you said you cant pay them they let your baby go. Wow. I wonder what they would have done if you tell them from day 1 you have no money to pay them. That would be mighty interesting to know.

Is there some reason you're posting to months-old threads, without adding anything useful?

Most hospitals have a "written policy" for any newborn brought in that was born outside of the hospital. And it very likely includes blood cultures and possible 72 hours of antibiotics. All midwives are more than capable of perfoming routine newborn screening. Sorry this happened to you but I'm a little confused on why you took your baby to the ER.

And I'm a little confused as to why you are posting to a thread that originated four months ago.