Birth Journeys: Birth Stories and Birth Education for Moms & Pregnant Individuals

Mini Episode: Know Your Rights In Labor

Kelly Hof, BSN, RN: Labor Nurse & Prenatal Coach

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When contractions hit and the baby feels low, the last thing any parent needs is a clipboard. We walk through the legal protections that guarantee timely care under EMTALA and translate them into practical steps you can use the moment you arrive at the hospital in labor. From spotting red flags of imminent birth to understanding exactly what “medical screening exam” and “stabilizing care” should look like, we break complex policy into clear, actionable moves that keep you and your baby safe.

You’ll hear a grounded, real-world analysis of a widely shared ER incident and why it mattered—not for outrage, but as a lesson in what to demand. We share concise scripts your partner can read verbatim to activate the right team fast: how to ask for the labor and delivery charge nurse, how to request an OB rapid response, and what to say if anyone prioritizes paperwork over care. We also cover what to prepare now: a phone note titled “Hospital: My Rights In Labor,” a simple printed card to hand over if you can’t speak, and smart questions to ask your provider about emergency workflows and who moves you to labor and delivery.

We speak directly to Black mothers and families about the documented risks of delayed care and minimized pain, offering tools to be heard the first time. The goal isn’t fear—it’s confidence. With a few phrases, a plan, and a clear understanding of your rights, you can turn confusion into momentum and make the hospital work for you when minutes matter.

If this helped, subscribe, share with a parent-to-be, and leave a review with the one phrase you’re saving to your phone. Your story could help someone get the care they’re owed.

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Medical Disclaimer:
This podcast is intended as a safe space for women to share their birth experiences. It is not intended to provide medical advice. Each woman’s medical course of action is individual and may not appropriately transfer to another similar situation. Please speak to your medical provider before making any medical decisions. Additionally, it is important to keep in mind that evidence based practice evolves as our knowledge of science improves. To the best of my ability I will attempt to present the most current ACOG and AWHONN recommendations at the time the podcast is recorded, but that may not necessarily reflect the best practices at the time the podcast is heard. Additionally, guests sharing their stories have the right to autonomy in their medical decisions, and may share their choice to go against current practice recommendations. I intend to hold space for people to share their decisions. I will attempt to share the current recommendations so that my audience is informed, but it is up to each individual to choose what is best for them.

SPEAKER_00:

Hi! Today I want to talk to you about something really important. How to protect yourself when you show up to the hospital in labor. You may have seen the viral video of a mom in Texas in obvious active labor, stuck in a wheelchair in the ER, screaming that her baby was coming while staff focused on paperwork. It's heartbreaking, it's dangerous, and it's also a violation of a federal law called mtala. But this video isn't just about what went wrong there. It's about helping moms know their rights. I'm going to talk about what mtala actually guarantees when you walk into the hospital in labor, the red flags to watch for, exact phrases you and your partner can use if something feels wrong, and how you can prepare now, while you're pregnant, so you feel confident walking into any hospital. My goal is that you walk away from this video feeling informed, grounded, and equipped, not scared. Let's start with what MTA even is. MTALA stands for the Emergency Medical Treatment and Labor Act. It's a federal law that applies to almost every hospital in the U.S., basically any hospital that has an emergency department and takes Medicare. In simple terms, if you come into the hospital with a possible emergency, including being in labor, the hospital must give you a medical screening exam, provide stabilizing treatment, and it cannot delay care based on insurance, payment, or paperwork. For pregnant and laboring moms, that means you must be seen quickly, not left in the waiting room for long periods. If you're in active labor, especially if the baby might come soon, you must be evaluated right away, moved to a safe place for delivery, and cared for in a way that protects you and your baby. Paperwork, registration, and insurance come after you're medically safe, not before. I'm not going to spend a ton of time on the details of the Texas video, but I want to highlight it as an example so you can recognize red flags. In the video, we see a mom saying the baby is in her butt. That is classic language that we hear when the baby's head is very low and birth is close. She's in a wheelchair strapped to a blood pressure cuff, not on a bed. I also noticed the wheelchair does not have brakes on. That's not a safe situation. And she is in clear, severe pain and cannot sit upright or stay still. The staff are focused on paperwork and not on the patient. From a clinical perspective, this is all unsafe because a wheelchair is not a safe place to deliver. There's risk of fall, baby injury, and inadequate support. She's giving clear signs that she needs to push. Mtala requires immediate evaluation and stabilizing care in a situation like this. So we're going to use this as a case study to say, okay, if I ever felt like that, what could I do? What can my partner say? And what are my options in the moment? First, let's talk about some red flags that tell you, this is not okay, I need help now. You're in so much pain you can't walk or talk through contractions. You feel strong rectal pressure, like you need to poop, or the baby's head is in your butt. You can't sit without feeling like you're sitting on the baby. You're involuntarily pushing or grunting with contractions. Your water has broken and contractions are intense and close. Or you're bleeding heavily. If any of this is happening, you are not just uncomfortable. You may be in active labor or even close to delivery. And Mtala says you need a medical screening exam and stabilizing care right away. Before we go any further, I want to explain two terms that are really important. They are medical screening exam and stabilizing care. These are the exact things this mom did not receive. Here's what they mean in plain language. A medical screening exam is the first step. It's the hospital's legal obligation to check you immediately to see whether you are having an emergency, including whether you're in active labor. This exam cannot be delayed for paperwork, registration, insurance, triage bottlenecks, or have a seat and wait. If you walk in and say, I'm in labor, or your body is clearly telling them that you are, that screening exam needs to happen right away. Stabilizing care is what happens after we realize you are in fact in an emergency. For labor, stabilizing care means, not necessarily in this order, moving you to a safe location, usually labor and delivery, getting you onto a bed, checking for crowning, making sure you or your baby aren't in danger, usually checking for fetal heart tones, calling the right team immediately, and preparing to deliver if birth is imminent. The whole purpose of stabilizing care is to prevent you or your baby from getting worse while figuring out the next steps. In this video, she didn't get the screening exam, she didn't get stabilizing care, and she didn't get moved to a safe place. All of those are MTOL violations. Now let's get really practical. I want you to have actual sentences you can write down to bring with you. If you are the one in labor, you may not be able to say much. So this is especially important for partners, doulas, or support people. Here are phrases you can use. To get an immediate assessment, she's in active labor. We need an Imtala medical screening exam now. Under Imtala, she needs to be evaluated immediately. She is not stable to sit in the waiting room. If they are focused on paperwork or registration, you can say, paperwork can wait. She needs to be seen now. Please call the labor and delivery team. Or we will sign anything you need after she has been medically assessed and stabilized. If the baby feels very low or like she's pushing, you can say, She is saying the baby is coming. This is an obstetric emergency. Or she's having rectal pressure and can't stop pushing. She needs a bed right now. To escalate to someone in charge, you can say, we need the labor and delivery charge nurse, please. Or we need the labor and delivery team to come now. Or this is an emergency, who can activate the OB rapid response? If they still delay care, you can say, please document in her chart that we requested an Imtala medical screening exam and care was delayed. That last sentence sounds very formal, but it communicates, I know this is a legal protection and I'm asking you to acknowledge what you're doing. Most staff will move faster when they hear OB rapid response or Mtala. Advocating in the moment is hard, especially when you're in pain. So let's talk about what you can do now while you feel calm. You can save a script in your phone, create a note titled Hospital, My Rights in Labor, copy a few of the phrases we just talked about so your partner can pull it up instantly. Talk with your support person ahead of time. Tell them if I'm doubled over and saying the baby is coming, I need you to speak up for me. You can also tell them your job is not to be polite, your job is to get me help. Ask your hospital or provider how OB emergencies are handled. At a prenatal visit, you can say, if I walk in in active labor, who is responsible for getting me to labor and delivery? Do you have an OB emergency code or rapid response at your hospital? You're not being difficult, you're just gathering information. Consider bringing in a sample printed card, something like, I am in labor and requesting an Imtala medical screening exam and stabilizing treatment. Hand it to the front desk or triage if you can't talk. And remember, you can ask for someone else. If you feel ignored, you can ask for the AD charge nurse, the house supervisor, or the labor and delivery charge nurse. You're allowed to say, I don't feel safe right now. I need someone who can help me immediately. Now I also want to speak directly to my black moms and families watching this. We know from research that black women are more likely to have their pain minimized or dismissed, more likely to experience delays in care, and more likely to have preventable complications. You should not have to fight to be believed, but I'd also want you to have every tool possible to stay safe. Knowing phrases like I am in active labor and need to be seen now, this is an obstetric emergency, or please document that you're delaying my Imtala screening exam and stabilizing care can give you and your support person something concrete to lean on if you feel like you're not being taken seriously. You deserve to be listened to the first time. And these tools are here to back you up if you are not. No mother should be left screaming in a wheelchair while people argue about paperwork. You deserve urgency, compassion, and care that follows the law and respects your humanity. My hope is not to scare you, but to equip you so that if something feels off, you have words, options, and a plan. If you'd like my Imtala rights guide for you to save to your phone or print and bring to the hospital, comment rights, and I'll send it to you. You are not asking for too much. You are asking for what you are owed by law and as a human giving birth.

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