Maternal Health Disparities: A Fight for Birth Justice and Racial Equity

The disparities in the quality and availability of maternal health cast a long shadow over the healthcare system, disproportionately impacting women based on race, ethnicity, and socioeconomic status. These disparities take many forms, including implicit bias, limited access to care, and discriminatory practices — all culminating in alarmingly high rates of mortality and morbidity.

To combat these injustices, the Jacob D. Fuchsberg Law Firm stands as a resource for women seeking help and justice. This article aims to empower women, providing vital guidance on navigating the legal landscape of maternal health to achieve equity and accountability.

Understanding Maternal Health Disparities

Maternal health disparities refer to the unequal access to quality prenatal care, treatment, and outcomes experienced by women, influenced by factors like race, ethnicity, socioeconomic status, and geographic location.

Due to this inequality, mothers can face many issues, including:

• Limited Access to Care: Mothers in rural areas, low-income communities, and marginalized groups often face geographic barriers to even basic prenatal care.
• Unequal Quality of Care: Implicit bias can lead to misdiagnoses, dismissals of concerns, and inadequate treatment plans, particularly for women of color.
• Disparate Outcomes: Without equitable treatment, women are more likely to experience preterm births, maternal mortality, and long-term health complications.

This inequality can lead to chronic health conditions, permanently impacting women's well-being and quality of life. Besides these physical consequences, women also face the psychological burden of feeling unheard, dismissed, and even discriminated against.

As you can tell, the consequences of these disparities are far-reaching and severe, further illustrated by the following data.

In 2020, the maternal mortality rate for non-Hispanic Black women was 55.3 deaths per 100,000 live births, 2.9 times the rate for non-Hispanic White women. These are alarming consequences, not just for the individual mothers who experience complications or even death, but also for their families and communities. The loss of a mother leaves a devastating void, and the burden of caring for a child with health complications due to inadequate prenatal care can be overwhelming.

Legal Framework and Rights

Thankfully, there are legal frameworks that protect women's rights and pursue accountability for those responsible for perpetuating these disparities. These legal avenues empower women to seek justice and pave the way for systemic change.

For example, federal laws such as the Affordable Care Act (ACA) have made significant strides in expanding women's access to healthcare, including provisions for pregnancy, childbirth, and postnatal care. Similarly, anti-discrimination laws at the federal level — including the Civil Rights Act — seek to protect women from exclusionary practices in healthcare settings.

One significant step was the establishment of New York’s Taskforce on Maternal Mortality and Disparate Racial Outcomes. This initiative has been instrumental in reducing maternal mortality rates, particularly among Black and Latina women. Its accomplishments include the Doula Pilot Program, which expanded Medicaid to cover doula services, as well as a comprehensive series of recommendations aimed at lowering the state's maternal mortality rate.

Building Equity Through Law: The Role of Legal Advocacy in Addressing Maternal Health Disparities

The path to achieving equity through legal advocacy is not without its hurdles. Proving discrimination in court can be difficult and often requires evidence of intent or systemic patterns of bias. But despite these challenges, the legal landscape is shifting to better support victims of bias and prejudice. Specifically, the increasing recognition of implicit bias as a factor in healthcare disparities has created new avenues for legal action.

Stepping into the courtroom, lawsuits can directly address specific instances of discriminatory treatment or negligent care that contribute to maternal health disparities. This strategy aims to hold healthcare providers accountable for their actions, setting precedents and deterring future discriminatory practices.

Extending beyond individual cases, legal advocacy plays a crucial role in shaping broader policies. Lobbying efforts at the federal, state, and local levels aim to influence legislation that expands access to quality care, improves data collection on instances of disparity, and mandates implicit bias training for healthcare professionals.