A Betrayal of Trust. A Violation of Choice
Rinat Dray was pregnant with her third child in 2011, and after two cesarean surgeries, she was committed to finding a provider who would be open to the possibility of, and respect her desire for, a Vaginal Birth After Cesarean (VBAC). She chose Northwell Health’s Staten Island University Hospital (SIUH). Despite advertising itself as a VBAC-friendly hospital, Ms. Dray’s birth experience at SIUH was even worse than her previous ones. She was literally wheeled into the operating room against her will and forced to undergo cesarean surgery after having clearly said “no'' many times.
SIUH had a discriminatory policy that explicitly provided hospital personnel with a process for “overriding maternal refusals,” ignoring pregnant patients 'rights to informed consent and bodily autonomy “in the interest of the fetus.” This policy was kept secret from maternity patients; Ms. Dray did not even know about it until after she filed a lawsuit.
In her medical record, her doctor wrote, “The woman has decisional capacity: I have decided to override her refusal to have a C-section.” In addition to forcing her to undergo major surgery for which she did not consent, her doctors also lacerated her bladder. Ms. Dray still suffers from the consequences of the surgery and the trauma of experiencing obstetric violence. Obstetric violence (in the form of forced surgery) of the type Ms. Dray experienced is often justified by the claim that women’s lives and bodies may be subordinated to the state’s (or in Rinat’s case, a private hospital’s) interest in fetal or unborn life. This claim is the same argument used to justify banning abortion.
In response to Ms. Dray's lawsuit, the hospital’s representatives vigorously defended its policies.
Demanding Accountability and Justice
We call on Northwell Health’s leadership to:
Make all of its policies regarding pregnant patients easily accessible on its website in plain, understandable language.
Acknowledge the harms done to Rinat Dray and bring her case to resolution.
Train staff on why policies purporting to permit violations of pregnant patients’ rights are discriminatory and in violation of the law.
Make good on its online claim: “We’ll partner with you to help you deliver the way you want, whether that means minimal interventions or a planned induction or C-section. If you previously had a C-section but would like to try for a vaginal delivery, we will support and guide you in that effort,” and transparently share the steps you will take to partner with patients to achieve their goals, including that you will never force a patient to undergo a procedure they do not want
Establish hospital and practice policies that affirm that all patients, including pregnant people at all stages of pregnancy, labor, and delivery are fully and equally entitled to the common law, civil rights, and human rights protections under New York City and New York State law, as well as the U.S. Constitution.
Take Action
1. Send an email to Northwell Health Leadership to let them know that you want justice for Rinat and an end to forced sterilizations:
-Jennifer Mieres, MD. Senior Vice President, Center for Equity of Care, Northwell Health Chief Diversity and Inclusion Officer Northwell Health: jmieres@northwell.edu
-David Battinelli, MD. Chief Medical Officer, Northwell Health: David.Battinelli@hofstra.edu
2. Post our video/graphic and calls to action on social media and tag Northwell Health:
-Twitter: @NorthwellHealth, @MichaelJDowling (CEO)
-Instagram: @NorthwellHealth
SisterLove, Inc has fought for Reproductive Health, Rights, and Justice for over 31 years on two different continents. What happened to Rinat is just the latest example of the need for vigilance in our advocacy efforts to protect birthing rights. You can help us fight back. Become a monthly supporter today. For as little as $25 a month, you can support us as we fight for reproductive justice and equality.
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