Imagine never being able to capture your childs first moments in this world.
This has become a reality for many expecting parents at many hospitals across the United States. Hospitals are now banning the use of cameras in the delivery room fearing that cameras will distract doctors and cause more anxietyÂ for an already stressful situation. The biggest argument, and the one creating much speculation, is the fact that video can and has been used against doctors in malpractice suits. Opponents to the argument (parents)Â argue that it isÂ their right to take pictures or film their own flesh and blood. Watch the full story onÂ Newsy.
The banning of cameras took root in 2007 after a delivery nurse atÂ The University of Illinois Hospital applied too much force during a birth. The child suffered sever injuries that the parents caught on video and then used it against the hospital to win a 2.3 million settlement.
Now videos/pictures are not only memories but key evidence in malpractice suits. When babies are born with implications, the parents often sue the doctor and/or hospitals. Hospitals make a valid point contesting that it is unfair to use such evidence because to a jury of non-practioners, any delivery can look like a bloody mess. A judge, under theÂ law of evidence, does have the discretion to exclude evidence if he or she thinks it would unfairly influence the jury.
With doctors and/or hospitals prohibiting cameras, many parents are left wondering, “where can’t you legally take pictures?” The general rule in the United States is that a property owner can prohibit photography on the premises, and this includes hospitals. However, there are no national standards regarding cameras in the delivery room, so each hospital can set its own policies.