Black women die from childbirth at a disproportionately higher rate than white women. Despite knowing about this issue for years, medical professionals cannot attribute this disparity to a physical condition. Multiple studies show physicians’ implicit biases lead to poor patient care. Overall, Black women consistently report feeling silenced by their treating physicians—a feeling that has persisted since slavery. Stereotypes about Black women cloud physicians’ ability to provide adequate care. For those with Medicaid, the problems are even greater. Unfortunately for Black women and their families, creating a successful medical malpractice or wrongful death claim is nearly impossible. This is because Black women cannot overcome the reasonable person standard set by the medical profession. Thus, to ensure Black women are afforded the same right as other women—a healthy birthing experience—another remedy is necessary. This Comment explores those potential remedies.
Kenya Glover, Can You Hear Me?: How Implicit Bias Creates a Disparate Impact in Maternal Healthcare for Black Women, 43 Campbell L. Rev. 243 (2021).