What Is “Birth Writing?”

I offer my skills as an expository writer to help others transmute trauma and communicate the full spectrum of experience within their birth story.  The sacred undertaking of “birth writing” can be beneficial solely for our own healing process, or it can have dual application in helping to seek out justice and accountability where injustice or perceived violation has occurred.

Filing complaints wherever possible, on all involved parties, can be a remarkably empowering act of self-care after enduring trauma.  Unfortunately, when birth trauma does occur, the hospital and provider response is often geared toward self-preservation and silencing of the sufferer.  Quite understandably, many women become so debilitated by the crushing emotions and physical stresses of birth trauma that they never get around to filing grievances or making complaints on the bad actors and institutions involved.  Negligent providers and their malpractice insurance carriers rely on this stark reality. 

Despite our feelings of devastation, it is still incredibly important to leave a paper trail when provider negligence or misconduct occurs.  Having an official record of the transgressions and resulting trauma increases the chances of accountability and justice for the individual patient and the next person who may endure similar trauma at the hands of that same medical provider(s).

It can be extremely helpful to develop a “blow-by-blow” written account of your birth story.  Given the potential for “overwhelm” in addressing such difficult subject matter, the birth story can develop as a “living document,” compiled little by little, over time.  The act of communicating your experience in this way can be a bountiful source of both healing and validation.  For many, the prospect of discussing the origin and details of such immense trauma can feel extremely overwhelming.  After taking written form, it often becomes more comfortable to share our story with loved ones.  In addition, a comprehensive written document of the birth experience can be included as an invaluable attachment to any complaint. 

The bureaucracy of state run “oversight agencies” can be both confusing and callous to those seeking accountability for birth trauma and/or the loss of a loved one.  These agencies are often overworked and underfunded, and so having a comprehensive written account of your birth experience becomes critical to the efficacy of your complaint.

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Alongside “birth writing,” I also offer my investigative skills for families who may not feel personally ready to delve into the medical records and/or other birth trauma related documentation.

What about legal recourse?  When it comes to medical malpractice (med mal), navigating the legal realm can be a harsh and unrewarding task.  For instance, here in New York State, we have one of the country’s most archaic wrongful death statutes, making it next to impossible to bring suit in cases where a neonate is lost due to provider negligence.  In the eyes of New York State, the “value” of any life lost is exclusively determined on a monetary basis and limited only to “pecuniary loss” and “special care costs.”  Since, deceased infants require no ongoing “care costs” and are hardly old enough to have even had a paper route (pecuniary wage), attorneys often have their hands tied.  There is simply no incentive to try cases that would likely cost more to litigate than they would generate in resolution.

There’s always the possibility that some wholly benevolent law firm might be willing to try a med mal case out of the kindness of its heart, but from my perspective, this would be a miracle of the highest caliber.  From my perspective, as a mother of a child lost to provider negligence (with overwhelming evidence to support this claim), it is glaringly obvious that the big interests of physician and med mal insurance company lobbies bought out the corner on justice long ago.

Just as every birth experience is unique, so is every potential legal case.  The last thing I mean to do is deter anyone from the pursuit of justice, so by all means, if you feel moved to do so, you should absolutely seek legal advice.  There are many law firms that specialize in birth trauma specifically so, if you have the wherewithal, I suggest consulting more than one firm.  Similar to “oversight agencies,” law firms tend to also have a full workload.  Again, having a comprehensive written account of your birth experience can make all the difference here.

Regardless of whether or not you manage to find an avenue for recourse in the legal system, it can be an amazingly empowering act of self-care to file complaints wherever possible on all involved parties.

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