Birth Rights

• Author: Darlene Ricker
• Pages: 9-10

PHOTOS BY MARLA WOOD; SHUTTERSTOCK; NATIONAL ADVOCATES FOR PREGNANT WOMEN

JANUARY-FEBRUARY 2019 ABA JOURNAL || 9

WITH WOMEN’S RIGHTS ISSUES sparki ng

a national dialogue, a n iche practice area

has emerged that is gai ning momentum:

reproductive justice. The prac tice area is

broad, encompassing issues including force d

sterilization and unwanted medical inter-

vention duri ng childbirth.

Because delivery r ights are

an evolving concept, few law-

yers know how to advise cl ients

or e ectively l itigate these mat-

ters. Legal support g roups and

networks have formed to fi ll the

void, providing education and

assistance to l awyers interested

in or already prac ticing in the

fi e l d .

“There is a grave need

for knowledgeable lawyers,

coordinated strat egy and

resources,” says Indra Lusero,

founder and president of the Birth Rights

Bar Association a nd a sta attorney with

National Advocates for Preg nant Women.

“Currently there is no organ ization with the

capacity to add ress all of these cases. We

aim to fi ll that void by giving our members

the skill s, support and education they need

to litigate these ca ses.”

Lusero, who practices in D enver, says

the problem is compounded by a “broken

maternity ca re system that spends more and

accomplishes less,” while materna l mortal-

ity is rising, and ev idence-based practices

(such as the use of midwives and doulas) are

underutili zed.

The BRBA has members in 20

states and is expa nding nation-

wide. Its members include litiga-

tors in a wide range of prac tice

areas. The organi zation com-

piles and tracks dat a, identi-

fi es tr ends and opportunit ies

for strategic act ion and helps

women in need fi nd attor -

neys. The organization ha s

fi led amic us briefs in reproduc-

tive justice case s in California,

Delaware, New York, Virginia

and Washingt on.

The body of law on childbirth right s is

slim, and the legal issues c an be complex.

Causes of action include constit utional law,

business law, regulatory law, torts , lack of

informed c onsent and public health law.

Michael Bast, a medic al malpractice

attorney in New York City, has spent four

years litigating an ongoing ca se on behalf

Indra Lusero

EDITED BY LIANE JACKSON

LIANE.JACKSON@AMERICANBAR.ORG

Opening Statements

Birth Rights

REPRODUCTIVE JUSTICE IS A GROWING PRACTICE AREA

Medical malpractice

attorney Michael Bast

(center) is litigating a

case over an unwanted

cesarean section that

brought suppor ters to

the courthouse.