I finally finished putting together ALL of my new business-specific forms and I was lucky enough to find several examples to inspire my own work but I noticed something was missing.

In all of the doula-specific contracts/ agreements I looked over, none - not a single one - said anything about legalities. I find it odd that there isn't much mention or any at all about what to do should a serious disagreement or mishap arise.

Why don't doulas have a clause like that in their contracts? Or do some of you?

I just put in one sentence at the end that basically said 'should a disagreement arise I agree to try to resolve it as follows: amicably discussion the issue at hand, if unsuccessful then calling upon a mediator and as a last resort litigating'.

Maybe this is because of all those years in a law office lol but I didn't feel comfortable NOT including it. Especially because as sole proprietor of my business, I am 100% liable and financially responsible. A client-win in small claims court would DEVASTATE our finances, not to mention our credit. I can't even imagine having a court ordered judgement on our names (DH & I) and a tainted business name!

oops, amicably discussING not discussion*.

What difference does it make, honestly?
If they're gonna sue that won't stop them.

Maybe give an example of a disagreement or mishap?

Well, the difference is hugely cost.

If client or doula were to take an issue to court there would be a TON of fees. Fees to file the papers, fees to file the defendant's response, sometimes fees to just get the papers you need to file from the court house, fees to serve the other party, many times people hire lawyers = huge fees, etc. All that could easily add up to more than an experienced doula charges for a birth!

Another difference is time. Everyone involved has to give up a substantial amount of their time - time off work, time away from family, time at court. Even the judge/court has to take time to read the papers (and there is never just a few), question the parties involved and decide on a resolution.

Lastly, the court automatically assumes that folks are using the court as a last resort. Many courts include this bit of information in the packet they give when you want to file a claim. Even they suggest going to mediation first.

The cost of mediation, while it still takes time, can be any where from free to about $250.

Examples: (kinda tough because I have never *thankfully* experienced anything worth sueing over)
So say doula never gets paid and provides services as if she did (maybe there was a extended payment plan in place or something). Client becomes unreachable after several attempts to contact. She wants/needs to get paid. OR clients checks bounced.

or

Client gets upset because she planned on going unmedicated for birth but ended up with an epidural or cesarean. It's weeks after the birth and she says the doula didn't do her job and thats why this happened. She wants her money back; she feels ripped off. OR doula didn't show up for birth.

At a mediation, under the guidance of a trained mediator, you have several "turns" to say whatever you can to help you. Some important details could come up that could help to resolve the issues. This all happens in a casual environment that is low-stress/low-pressure.

Going off the 2nd example, doula provides phone records that show she had NO incoming calls the day client says she called and client pulls out a sticky note that has doula's numbers written on it and sees that digits were transposed. They may decide to drop it because no one is to blame. The doula may decide to give a partial refund. etc.

In court, it is likely that the judge has full case load and doesn't spend very much time on any particular case in a day. It is common that the court session is very quickly paced and you have no opportunity to discuss matters from your perspective. Or maybe you're a bunch of nerves and get articulate what you really wanted to say. You could end up having to pay more than you should, having a judgement against you AND your business name, and leaving feeling you had an unfair disadvantage. Maybe you forked out $2,000 for attorney's presence and still end up having to reimburse your client for work you did perform.

Maaaan, that was way longer than I intended.

I guess I'm still not getting it.

There is liablity insurance available to doulas.

I state in my contract that I am in no way responsible for the outcome.

Most doulas collect payment in full before they go on call so that prevents the non-payment, bounced check issue right up front.

I can't think of another "Services" provider similar to doulas that outline what what ifs of a disagreement or problem and how it will be handled before hand that I've ever encountered.

I'm pretty vocal about doulas carrying liability insurance, most here will attest to that. But I can't see where you're going with this and why it'd be of any benefit.

About the liability insurance, is it for doulas specifically like how midwives have? Can you offer up any more information or maybe a link?

I don't know much about doula specific insurance coverages, so you might not see where I'm going with the clause because the bases might be covered w/ insurance.

With that said, do most doulas carry liability insurance? Is it separate or added on to regular insurance coverages like how you could add on rental insurance to your existing car insurance?

Thanks!

It may be helpful to read through one of our previous threads (click bold link to view): Liability Insurance.

I feel that it is very importaint to be covered.
It is scary to think about, but has anyone ever had to use it?
Also, does anyone know if you have to be certified to qualify for doula insurance?
Thanks!

I thoroughly looked into doula liability insurance. I found that, just as I suspected, the coverages available seem to suffice. Assuming a doula had liability insurance I think its safe to say she wouldn't need the "legalities" clause mentioned above.

My main concern with the liability insurance is IF something were to happen that would require one to use the insurance, would the rates go up or would the insurance company drop the doula? I know some car insurance companies do that but its not that big of a deal in that industry because its SO easy to find cheaper/better insurance elsewhere. There's a lot of competition. I could only find ONE company that does doula insurance.

Bottom line, I'm all for liability insurance and I'm still keeping my legality clause. If for no other purpose than taking up a few lines of space, I'll at least feel "doubly" safe. =D I wouldn't advertise whether or not I had insurance though - that would be top secret - because you just never know. I wouldn't want someone to assume I've got money to spare based on something like... owning my own business, or having liability insurance, just like I would never say how much we earn, how much debt we have, life insurance, or inheritances, etc.

No, you do not have to be certified.

Here is what I have in my contract to avoid the 2 situations you mentioned:

Failure to provide service
I will make every effort to provide the services described here. Sometimes this is impossible (for example, with a rapid labor or natural disaster). If my failure to attend your birth is due to my error, or situations beyond anyone’s control (rapid labor) I will keep the retaining fee for services provided, and refund (or you will not owe) the remaining balance. In the event you fail to call me or choose not to have me attend your birth and do not nullify this contract in writing, signed by both of us before ___/____/______ (4 weeks EDD) the remaining fees are still due as I have turned away other clients for your space to be reserved.

*If we terminate this contract (both parties’ signatures) prior to 4 weeks EDD, you will not owe the remaining balance but I will keep the deposit for services provided to date.
**I do not consider it a failure to appear if I need to call my back up doula (in the event I am ill, family emergency, etc.). I will arrange payment for the back up doula from my fees.

Cesarean Section
In the event you have a cesarean section, planned or emergency, all fees remain the same. I will stay and offer as much support as the medical staff will allow. It is up to you to secure my place in the operating room. If scheduled, I will meet you at the hospital at your scheduled time. I will accompany you in the operating room if allowed by medical staff and offer emotional support and breastfeeding support after the birth. If for some reason I am not allowed to be present in the operating room (emergency, policy, etc.) I will join you after the birth so your partner may accompany the baby without leaving you alone for the rest of the surgery. An extra postpartum visit can also be scheduled at no further charge.

I also have this on a seperate form each client and partner sign (I got this from a previous thread on here but I can't find the link at the moment):

We recognize that "name" is a birth doula (labor support specialist) trained to provide informational support and assist with the physical and emotional demands of labor and childbirth. She may give informational support based upon published evidence and research concerning benefits & risks of procedures and treatments, but will not advise her clients to take or not take action based upon such information. It is the clients’ responsibility to consult with their midwife/physician about such information before making decisions concerning the prenatal, labor, childbirth, and postpartum periods. The following of such information and accepting comfort measures are solely at the clients’ discretion and "name" shall not be held liable for her clients’ decisions. She is not a medical professional and therefore will make no medical decisions nor perform medical assessments or procedures. We also recognize that childbirth is a natural and unpredictable process and may not go as we hope or plan; in this arena we understand that my doula will act with reasonable care for the mother and baby’s well being, but may not be able to alter the course of labor or its outcomes.

"Name" provides an independent service and is not legally affiliated with any Hospital, Midwifery, or Physician’s practice.

I have also looked into Liability insurance as a precaution but part of me thinks as long as I'm in SOP, I'm covered..but there is always the possibility of being taken to court for whatever reason so having the insurance would make it easier...still on the fence about it.

Here's my 'legalities' section:

Release From Liability:

In entering into a contract for service(s) with doula:

I/We acknowledge that services may be provided to me/us in, and/or while travelling to and/or from, my/our home, a medical facility, hospital, birthing center, and/or other location.

I/We acknowledge that doula has a limited role, pursuant to the description of tasks outlined in the above-referenced contract.

I/We acknowledge that any information/services provided by doula are to be used at our own discretion, and/or in consultation with the appropriate health-care providers.

I/We understand that doula does not make any decisions, medical/clinical or otherwise, on my/our behalf, and any information given, or suggestions made, by doula are not, and cannot, be considered as directives, or as medical/clinical advice.

I/We acknowledge that doula is not, under any circumstances, responsible for the performance of any task which could be considered medical/clinical, including the tasks of outlining available options, and of ensuring informed consent.

I/We acknowledge that doula has not represented to me/us that contracting for her services guarantees in any way, a risk free or emergency free experience.

I/We acknowledge that doula cannot guarantee any outcomes as a result of her services, or as a result of the information which she may provide.

I/We acknowledge that should an emergency arise in which doula needs to perform first aid measures, this would fall outside the limits of this contract, and under the jurisdiction of Canada’s Good Samaritan Laws.

I/We acknowledge that if at any time doula feels a situation or action may put either herself or another person at risk, or is outside the scope of her services, she reserves the right to refuse, and to refer to &/or consult with other practitioners whenever appropriate and possible so as to help ensure continuity of care &/or the safety of all concerned.

Now, therefore, in consideration of the above acknowledgements, I/we (both jointly and separately) on behalf of myself, ourselves, my/our heirs, administrators, personal representatives, executors, and assigns do RELEASE AND FOREVER DISCHARGE doula from all damages or causes of action, either at law or in equity, which I/we may have or acquire or which, may be accrued to me/us, my/our heirs, administrators, personal representatives, executors, or assigns as a result of using the services of doula. I/We intend this to be a COMPLETE RELEASE AND DISCHARGE from all liability whatsoever. I/We have read all statements contained herein and I/we fully realize that I/we are signing a COMPLETE RELEASE AND BAR to any claim, which I/we have or believe I/we my have resulting from our contract for services.


My confidentiality agreement says:


I, _____________________________, at ___________________________________________,
__________________(ph#), give my permission for my doula, ______________, to take notes about me, including personal information I choose to disclose to her, and information regarding my labor, birth and postpartum, as well as any information regarding my child/ren. I understand that this information may be shared with the Certification Committee of DONA International for the purpose of certification or recertification. I realize that this information will be shared with the doula who is providing back up support, and that my doula may use this information to provide me with a summary for my own personal use. I understand also that this information may be used anonymously for statistical purposes by DONA International, and may be used anonymously for educational purposes.

The Money Part:
I or my back-up doula will make every effort to attend your birth, but on rare occasions this may be impossible. If my absence at your birth is due to my error, due to circumstances beyond my control, due to circumstances beyond your control, or due to your error and/or failure to call me, I will keep the 20% retaining fee, and any other fees (both paid and outstanding) can be renegotiated to our mutual satisfaction. Receipts will be issued for all monies paid.