Skip to content
  • About
  • Contact
  • Contribute
  • What Physicians Say
  • My Book
  • Careers
  • Podcast
  • Speaking
KevinMD.com — Social media's leading physician voice
  • All
  • Physician
  • Burnout
  • Practice
  • Policy
  • Finance
  • Conditions
  • .edu
  • Patient
  • Meds
  • Tech
  • Social
  • All
  • Physician
  • Burnout
  • Practice
  • Policy
  • Finance
  • Conditions
  • .edu
  • Patient
  • Meds
  • Tech
  • Social
    • All
    • Physician
    • Burnout
    • Practice
    • Policy
    • Finance
    • Conditions
    • .edu
    • Patient
    • Meds
    • Tech
    • Social
    • About
    • Contact
    • Contribute
    • What Physicians Say
    • My Book
    • Careers
    • Podcast
    • Speaking
KevinMD.com — Social media's leading physician voice
  • All
  • Physician
  • Burnout
  • Practice
  • Policy
  • Finance
  • Conditions
  • .edu
  • Patient
  • Meds
  • Tech
  • Social
    • All
    • Physician
    • Burnout
    • Practice
    • Policy
    • Finance
    • Conditions
    • .edu
    • Patient
    • Meds
    • Tech
    • Social
    • About
    • Contact
    • Contribute
    • What Physicians Say
    • My Book
    • Careers
    • Podcast
    • Speaking
  • About Kevin Pho, MD, Founder of KevinMD
  • Aging and dementia: what physicians say, in their own words
  • Artificial intelligence: what physicians say, in their own words
  • Be heard on social media’s leading physician voice
  • Cancer: what physicians say, in their own words
  • Children’s health: what pediatricians say, in their own words
  • Contact Kevin
  • COVID-19: what physicians wrote as it happened
  • Custom enhanced author page pricing
  • Diabetes and obesity: what physicians say, in their own words
  • Direct primary care: what physicians say, in their own words
  • DMCA Policy
  • End of life: what physicians say, in their own words
  • Establishing, Managing, and Protecting Your Online Reputation: A Social Media Guide for Physicians and Medical Practices
  • GLP-1 drugs: what physicians say about Ozempic and its successors, in their own words
  • Heart disease: what physicians say, in their own words
  • Immigration and medicine: what physicians say about immigrant doctors and immigrant patients, in their own words
  • KevinMD influencer opportunities
  • Medical errors: what physicians say, in their own words
  • Medical ethics: what physicians say, in their own words
  • Medical malpractice: what physicians say, in their own words
  • Medical school: what students and physicians say, in their own words
  • Mental health: what psychiatrists and physicians say, in their own words
  • Nursing: what nurses and physicians say, in their own words
  • Opinion and commentary by KevinMD
  • Opioids: what physicians and pain patients say, in their own words
  • Physician burnout speakers to keynote your conference
  • Physician burnout: what physicians say, in their own words
  • Physician Coaching by KevinMD
  • Physician keynote speaker: Kevin Pho, MD
  • Physician personal finance: what physicians say about their own money, in their own words
  • Physician Speaking by KevinMD: a boutique speakers bureau
  • Physician suicide: what physicians say, in their own words
  • Physicians and administrators: what physicians say about who runs medicine, in their own words
  • Primary care physician in Nashua, NH | Kevin Pho, MD
  • Primary care: what physicians say, in their own words
  • Prior authorization: what physicians say, in their own words
  • Privacy Policy
  • Private equity and corporate medicine: what physicians say, in their own words
  • Race and medicine: what physicians say, in their own words
  • Recommended services by KevinMD
  • Residency: what residents and attendings say, in their own words
  • Scope of practice: what physicians, nurse practitioners, and PAs say, in their own words
  • Subscribe to the KevinMD enhanced author page
  • Subscribe to the newsletter
  • Surgeons and surgery: what surgeons say, in their own words
  • Take-home messages: what physicians say when asked to leave one
  • Terms of Use Agreement
  • Thank you for subscribing to KevinMD
  • Thank you for upgrading to the KevinMD enhanced author page
  • The electronic health record: what physicians say, in their own words
  • Vaccines: what physicians say, in their own words
  • Violence against health care workers: what physicians and nurses say, in their own words
  • What physicians say: the KevinMD records
  • Women in medicine: what women physicians say, in their own words
  • Women’s health: what physicians say, in their own words

VBAC is the love child of medical malpractice lawyers

Jennifer Gunter, MD
Physician
October 2, 2014
Share
Tweet
Share

The New York Times has reported on a woman who wanted to deliver vaginally and claims she was forced to have a repeat C-section (her third C-section) against her will. I can’t comment on the veracity of her claims, however a forced C-section is never, ever acceptable. It doesn’t mater if the fetus has an agonal rhythm (is visibly dying on the monitor), as an OB your role is to try to make your case for the intervention you feel is the most medically acceptable, but never, ever with force or threats. You make sure all your discussions are witnessed and you spend a lot of time documenting, but choice is choice.

Specifics of the case aside, it is a great launching point for a rational discussion on vaginal birth after cesarean section (VBAC). Failure to get an in-hospital VBAC has left some women to VBAC at home, which medically is less than desirable.

Why the medical fuss about VBAC? About 0.7% of the time the laboring uterus rips open as the scar from the previous C-section fails from the force of the contractions. When the uterus ruptures there is a 5% chance the fetus will die (although some people report higher stats the 5% is from the Swedish Birth Registry data). The biggest risk to the fetus is if the placenta was implanted over the previous scar, so when the wound separates the placenta literally blows out into the abdominal cavity. An unattached placenta is catastrophic for the baby. A C-section within 10 minutes would be unlikely to salvage that situation. Uterine rupture can also result in catastrophic hemorrhage for the mom, although the maternal death rate with an attempted VBAC is about the same as an elective repeat C-section. The risks with uterine rupture (massive hemorrhage) are offset by the baseline increased risk of a C-section.

So you say 0.7%, well, that’s not too bad? In medicine a potentially catastrophic outcome of 0.7% is high. Would you get on an airplane if you knew ahead of time the risk of a crash was 0.7%, after all most crashes are survivable? A uterine rupture is like an airplane crash. Some are fender benders on the tarmac and have no or minimal  consequences, but some result in loss of life.

98-99% of women who attempt a VBAC at home will not have a catastrophic outcome. Midwives who deliver at home and claim to have never had a rupture have not done enough deliveries and have the lowest risk clientele (healthy young women will generally have the lowest VBAC failure rate). They also may not read the surgical report of the C-section that happened after the patient was transferred in. However, when you do a 5-year residency in a hospital that delivers 6,000 babies a year with a welcoming VBAC policy you see a few ruptures and the feeling of free-floating fetal parts in the abdomen is simply sickening.

Given that 99% of VBAC won’t have a catastrophically bad outcome why won’t more hospitals and doctors do them? Lawyers. VBAC is the love child of medical malpractice lawyers. Many malpractice insurance carriers require specific VBAC consent forms and many hospital have given up altogether out of lawsuit phobia (never mind the fact that they couldn’t pay to keep anesthesia in-house 24/7). A staggering 26% of OBs indicate that they stopped offering VBACs due to malpractice concerns.

The height of the VBAC success rate was 1996/1997 and it has plummeted since. I finished training in 1995 and we aggressively pushed VBACs. Go to a doctor who finished training after 2000 and the odds that they look on VBAC favorable are likely much lower, and now those doctors who trained since 2000 are training the new doctors.

vbac

VBAC and C-sections, from Wiliiams Obstetrics, 23rd Edition.

So what can we do?

Doctors and labor room nurses need to realize that most VBACs will be successful. Some are riskier than others, but on’t paint all VBACs with the same brush. Training and education might help to create a more supportive environment. Doctors should be honest upfront about chances of success based on real data and also about their VBAC training and experience. You don’t have to do VBACs just like you don’t have to do abortions, but it should be in the welcome-to-my-practice letter.

Women need to be realistic about their VBAC prospects and the risk of rupture, because it could be higher than 0.7% depending on a variety of factors. For example, if a pregnancy within 6 months of a prior C-section increases the risk of rupture three-fold with VBAC. Scars need time to heal. Many factors also affect VBAC success rates and there is even a calculator that can help predict the odds of a successful VBAC (it’s in Williams Obstetrics). Maybe if the chance of a successful VBAC were 75% versus 15% it might affect the decision. It might not, but that is of course the crux of informed consent.

Patients (and the few midwives who disparage hospitals) need to realize that  safety measures like an IV and fetal heart rate monitoring are really not evil paternalistic medicine. An IV is like a seat belt on a plane. Most times you don’t need it, but if your plane drops 600 feet in a few seconds it could potentially save your life or save you from injury. If you are in that 1% or so who has a rupture the seconds getting to the OR count. Even with drills and training the average time from calling a true crash C-section to cutting the belly is 14 minutes. Putting an IV in takes at least another minute, but sometimes longer. The monitor cam help detect fetal heart rate changes that could be a signal of impending rupture. Would you want your pilot to fly without instrumentation?

VBAC specific tort reform is desperately needed. VBACs are a huge source of lawsuits. If they were not they would not have fallen out of favor obstetrically. Most midwives who deliver a VBAC at home and have a complication will never get sued because they don’t carry enough (if any) malpractice insurance for a lawyer to consider it worth the while. I have heard of doctors who received a patient who labored at home with a VBAC, there was a rupture, they did the emergency C-section within minutes of the ambulance arriving and got sued because they were the ones with the insurance.

Without tort reform more delivery rooms are not going to adopt a can-do VBAC attitude, so tort reform will have to happen before training picks up (and it’s going to have to happen before everyone who finished training before 1998 retires).

ADVERTISEMENT

Would you ever drive with your newborn on your lap in the car? Most of us would be aghast at the thought of such a thing. The thing is the chance of a car accident on any given day is far less than a uterine rupture with a VBAC. Is is technically safer to drive with an unrestrained infant than VBAC at home. These stats don’t mean don’t have a VBAC anymore than they mean don’t take your baby for a drive, just do those things in the safest manner possible.

There is no reason why all good candidates shouldn’t have the opportunity for an in-hopital VBAC if they want, but it will take:

Communication.

Compromise.

Tort reform.

Better training.

Jennifer Gunter is an obstetrician-gynecologist and author of The Preemie Primer. She blogs at her self-titled site, Dr. Jen Gunter.

Prev

Doctors and patients deserve better than Medicaid

October 2, 2014 Kevin 20
…
Next

There is something very special about being a physician

October 2, 2014 Kevin 3
…

Tagged as: Malpractice and Medical Liability, OB/GYN

< Previous Post
Doctors and patients deserve better than Medicaid
Next Post >
There is something very special about being a physician

 

ADVERTISEMENT

More by Jennifer Gunter, MD

  • The Ellen Show broadcasts potentially harmful information about ovarian cancer screening

    Jennifer Gunter, MD
  • Dear science: an appreciation

    Jennifer Gunter, MD
  • Are there too many female OB/GYNs?

    Jennifer Gunter, MD

More in Physician

  • 3 reforms to counter wellness influencers in practice

    Farid Sabet-Sharghi, MD
  • Choosing a limb lengthening surgeon requires accountability

    Hrayr Basmajian, MD
  • How to reassure patients: 5 steps beyond normal tests

    Devina Maya Wadhwa, MD
  • Setting boundaries as a physician doesn’t mean caring less

    Jerina Gani, MD, MPH
  • How emergency medicine decision making works under pressure

    Geoffrey Mount Varner, MD, MPH
  • Why I stay in emergency medicine: a dancer at nearly 100

    Howie Mell, MD, MPH
  • Most Popular

  • Past Week

    • Retirement isn’t the end of medicine, it’s a second act [PODCAST]

      The Podcast by KevinMD | Podcast
    • The conflict of interest that discloses as nothing

      Martha Rosenberg | Medications
    • 4 fibromyalgia myths the current evidence doesn’t support

      Kayvan Haddadan, MD | Conditions and Diseases
    • Why exhaustion can make you see things that aren’t there [PODCAST]

      The Podcast by KevinMD | Podcast
    • AI governance in health care has to reach the exam room

      Amanda Heidemann, MD | Health Technology
    • The Pennsylvania measles outbreak and the cost of forgetting

      Christine King, CRNA | Conditions and Diseases
  • Past 6 Months

    • Why CDC opioid guidelines get the overdose data wrong

      Richard A. Lawhern, PhD | Conditions and Diseases
    • Retirement isn’t the end of medicine, it’s a second act [PODCAST]

      The Podcast by KevinMD | Podcast
    • Sensory processing in autism and the brain’s volume control

      Josette Pelatan, PhD | Conditions and Diseases
    • What maternity care deserts cost a town

      Manisha Kaliaperumal | Health Policy
    • Why medicine needs a national physician license now

      Vaishali Popat, MD, MPH | Physician
    • A cold cost $945. The cost of primary care is broken.

      Susan Newman, MD | Physician
  • Recent Posts

    • Why exhaustion can make you see things that aren’t there [PODCAST]

      The Podcast by KevinMD | Podcast
    • 3 reforms to counter wellness influencers in practice

      Farid Sabet-Sharghi, MD | Physician
    • Shift work and circadian rhythms shape the 24/7 workplace

      Deepak Gupta, MD | Conditions and Diseases
    • Paid for twice

      Physicians paid for G2211 twice. Most never bill it.

      Michael Duben, MD | Physician Finance
    • The next child

      Medicaid managed care and the case for mutual stewardship

      Steven Merahn, MD | Health Policy
    • Choosing a limb lengthening surgeon requires accountability

      Hrayr Basmajian, MD | Physician

Subscribe to KevinMD and never miss a story!

Get free updates delivered free to your inbox.


Find jobs at
Careers by KevinMD.com

Search thousands of physician, PA, NP, and CRNA jobs now.

Learn more

View 2 Comments >

Founded in 2004 by Kevin Pho, MD, KevinMD.com is the web’s leading platform where physicians, advanced practitioners, nurses, medical students, and patients share their insight and tell their stories.

Social

  • Like on Facebook
  • Follow on Twitter
  • Connect on Linkedin
  • Subscribe on Youtube
  • Instagram

ADVERTISEMENT

  • Most Popular

  • Past Week

    • Retirement isn’t the end of medicine, it’s a second act [PODCAST]

      The Podcast by KevinMD | Podcast
    • The conflict of interest that discloses as nothing

      Martha Rosenberg | Medications
    • 4 fibromyalgia myths the current evidence doesn’t support

      Kayvan Haddadan, MD | Conditions and Diseases
    • Why exhaustion can make you see things that aren’t there [PODCAST]

      The Podcast by KevinMD | Podcast
    • AI governance in health care has to reach the exam room

      Amanda Heidemann, MD | Health Technology
    • The Pennsylvania measles outbreak and the cost of forgetting

      Christine King, CRNA | Conditions and Diseases
  • Past 6 Months

    • Why CDC opioid guidelines get the overdose data wrong

      Richard A. Lawhern, PhD | Conditions and Diseases
    • Retirement isn’t the end of medicine, it’s a second act [PODCAST]

      The Podcast by KevinMD | Podcast
    • Sensory processing in autism and the brain’s volume control

      Josette Pelatan, PhD | Conditions and Diseases
    • What maternity care deserts cost a town

      Manisha Kaliaperumal | Health Policy
    • Why medicine needs a national physician license now

      Vaishali Popat, MD, MPH | Physician
    • A cold cost $945. The cost of primary care is broken.

      Susan Newman, MD | Physician
  • Recent Posts

    • Why exhaustion can make you see things that aren’t there [PODCAST]

      The Podcast by KevinMD | Podcast
    • 3 reforms to counter wellness influencers in practice

      Farid Sabet-Sharghi, MD | Physician
    • Shift work and circadian rhythms shape the 24/7 workplace

      Deepak Gupta, MD | Conditions and Diseases
    • Paid for twice

      Physicians paid for G2211 twice. Most never bill it.

      Michael Duben, MD | Physician Finance
    • The next child

      Medicaid managed care and the case for mutual stewardship

      Steven Merahn, MD | Health Policy
    • Choosing a limb lengthening surgeon requires accountability

      Hrayr Basmajian, MD | Physician

Copyright © 2026 KevinMD.com | Powered by Astra WordPress Theme

  • Terms of Use Agreement
  • Privacy Policy
  • DMCA Policy
All Content © KevinMD, LLC
Site by Outthink Group

VBAC is the love child of medical malpractice lawyers
2 comments

Comments are moderated before they are published. Please read the comment policy.

Loading Comments...