In recent years, there has been growing public attention to a problem many US health institutions
and providers disclaim: bullying and coercion of pregnant women during birth by health care personnel,
known as obstetric violence. Through a series of real case studies, this article provides a legal practitioner’s
perspective on a systemic problem of institutionalized gender-based violence with only individual tort
litigation as an avenue for redress, and even that largely out of reach for women. It provides an overview of
the limitations of the civil justice system in addressing obstetric violence, and compares alternatives from
Latin American jurisdictions. Finally, the article posits policy solutions for the legal system and health care
systems.