Expert: Dorothy H, LCCE - 12/13/2009

Question
Due to the H1N1 virus my hospital is not allowing any one under 14 in the delivery room or post delivery room. My wife is about to have a baby and we planned to include our 4 year old son in on the event. The hospital is allowing children throughout the rest of the hospital. Can you help me figure out a way to effect a change in policy and do we have a legal right to having him present, if we can offer a viable solution to this problem like a negative swab test result for H1N1 on the day of my wife’s delivery, have him vaccinated, or have him masked and gowned during his stay in the delivery area?

Answer
Kelly,

This is a situation that a lot of people are facing at hospitals this winter. I don't believe that you have a legal right to have your son there; the hospital can say who they will and will not allow there. You can check with a local attorney or with an expert in our legal forum here.

First of all, find out if any other local hospitals are allowing children in labor and delivery or postpartum.  If they are, that gives you some leverage with your hospital - you can tell them that XYZ hospital in the next town is allowing it, and that might help.  If another local hospital does allow it, even at this late date you can switch doctors/hospitals - let your doctor know that having your son there is important to you and that you aren't ruling out switching doctors/hospitals if s/he can't help you.

Whether or not other local hospitals have the same H1N1 policy, contact your hospital and ask them what do you need to do to include your son. Don't ask them IF your son can be there - ask them for what you need to do to allow him to be there. Remind them that they do allow children in other areas of the hospital.

If you have exhausted all areas and they will not budge and will not let him in, your options are:  
(1) find another local hospital that will allow him in and switch
(2) bring him anyway that day - that might be traumatic for him and for you though if the hospital won't allow him to stay.  If you do this, have a third party with you(grandparent or friend) who can take him home if he can't stay.
(3) Plan on leaving the hospital ASAP after the birth.  Many parents are utilizing this option.

I wish you the best with your upcoming birth.

Sincerely,

Dorothy H, LCCE