Protecting Women’s Health: Understanding the Risks & Legal Rights Surrounding Birth Control

A woman’s access to good healthcare, including birth control, isn’t a privilege; it’s a right. Unfortunately, that right has been hard-earned, and many women may not have access to this right due to various reasons. In a 2024 Deloitte survey, women are 35% more likely to avoid necessary health care, including treatment and services for their reproductive health, than men. This is because of various reasons, including lack of affordability, physical access to a reliable facility, and negative past experiences.

If this statistic resonates with you, you aren’t alone, and you’re not powerless. Use this guide to find out more about your right to access birth control safely. 

Understanding Women’s Sexual & Reproductive Health

While the reproductive system is primarily responsible for the menstrual cycle and fertility, it also includes a delicate hormonal balance that can affect various bodily functions, from preventing heart disease to providing an anti-inflammatory response in your immune system. Beyond biological factors, reproductive health is closely tied to mental well-being, as concerns over unplanned pregnancies, menstrual irregularities, or access to contraception can contribute to stress and anxiety.

Birth control is a key component of reproductive healthcare, offering women the ability to plan pregnancies, manage medical conditions like polycystic ovary syndrome (PCOS) or endometriosis, and maintain greater control over their health and futures. Contraception allows women to pursue education, career opportunities, and financial stability before starting a family. With it, women can feel empowered and have autonomy over their futures — a reality that never existed before the invention of modern contraception methods in the mid-20th century. 

High-quality, safe, and accessible reproductive healthcare improves women’s health and lives. By having it as a right, every woman can feel safer and have the freedom to focus on their future.

Barriers to Safe Reproductive Healthcare

Despite the benefits of safe reproductive healthcare, many women either willingly or unwillingly may not seek it out due to barriers that stand in their way.

Legal and Government Restrictions

One significant barrier is legal and government policies that can make it difficult for women to afford or receive the care they need. For example, under the 2014 Supreme Court ruling Burwell v Hobby Lobby, corporations can legally limit their employees’ insurance coverage to birth control. Likewise, religiously affiliated healthcare systems can deny care for birth control methods like IUDs, birth control pills, tubal ligation, and vasectomies. 

There are also state-wide laws that can present legal barriers for women. Some states allow pharmacists to refuse to provide contraceptive prescriptions, which can be difficult for women in rural areas who may not readily have access to a different pharmacist who wouldn’t refuse care. 

These are also the legal barriers that women could potentially face in the future. The 2022 overturning of Roe v Wade could potentially pave the way for future restrictions on reproductive health care, such as birth control and emergency contraception. Some abortion rights opponents argue that specific contraception methods can interfere with human life starting at conception, and states should have the right to question birth control methods. Since the Supreme Court overturned a longstanding legal precedent with Roe v Wade, many legal experts are unsure whether the right to birth control may come into question in the future.

Cost, Insurance Coverage, and Rural Access

Women in rural areas may also face more barriers to reproductive healthcare than others who live within a suburban area or city. They may not have access to a pharmacy nearby or a doctor to prescribe birth control, which many states require, and may have to travel long distances to the closest one. These factors can discourage women in rural areas from seeking proper care.

In addition, many women may have financial difficulties in obtaining birth control. While the Affordable Care Act requires all insurance plans and providers to cover contraceptive methods, certain regulatory and court decisions provide exemptions, especially for specific contraceptive options like IUDs and implants, and religious-affiliated insurance plans to deny coverage. Insurance providers may also not cover more than one month’s supply of birth control at a time, which can be difficult for women who may not have the time to stop at a pharmacy once a month, especially if they have to travel far for it.

Misinformation

Due to the lack of education about reproductive health that exists in the U.S., many women may not have all the information they need about contraception and their reproductive healthcare. This not only results in higher rates of teen pregnancies in abstinence-only education states, but it has also led to more risky sexual behavior that can increase the likelihood of developing STIs and STDs.

On a more minor note, this lack of education, along with misinformation that exists on social media sites like TikTok, has led many women to avoid receiving reproductive healthcare. For example, many women now believe that natural methods like the rhythm method are just as effective as birth control when in reality, it’s one of the least effective in preventing pregnancy. 

Negative Experiences

If a woman has had a negative experience receiving reproductive healthcare, they may be hesitant to receive future care. The 2024 Deloitte study found that of the women who skipped and avoided care, 40% reported doing so because they didn’t like how a provider treated them — either because they discounted their symptoms, didn’t listen, or even misdiagnosed a condition. 

In addition, many women online have reported a lack of pain management when receiving birth control devices like IUDs. While the CDC has updated its guidelines to require clinicians to administer lidocaine to numb the cervix before inserting an IUD, many social media posts still warn women of the severe pain they’ll experience, which isn’t a reality under the new guidelines. This rumor can dissuade women from receiving the necessary care they need.

Why Comprehensive Reproductive Education Is Essential?

The barriers that exist between women and necessary reproductive healthcare are many which require multiple solutions — from legislative action to social change. However, one necessary change is better education about birth control risks and benefits. Without medically sound guidance, misinformation spreads, contributing to fears and misconceptions about birth control. Likewise, without education, many women won’t know when they’re receiving poor care from providers and may make uninformed decisions about their birth control. 

There are many ways women may receive better education about reproductive healthcare, including:

• Expanding comprehensive sex education in schools;
• Public health campaigns;
• Healthcare provider education and counseling. 

Some of these actions may take more time than others. However, healthcare providers can provide unbiased information to every patient to ensure they feel empowered in their reproductive health decisions.

Overview of Common Birth Control Methods

When seeking care, women can choose from the following hormonal options, which utilize a mix of estrogen and progestin, or progestin only, to prevent ovulation. These methods include:

• Birth control pills: Hormonal pills contain estrogen and progestin (or progestin only) to prevent ovulation. Women can take them every day to thicken cervical mucus, which will make it harder for sperm to reach an egg. They are over 99% effective when used correctly, but missing doses can lower effectiveness.
• Injections: This injectable form of birth control contains progestin, which a healthcare provider will inject every three months. It is 96% effective and eliminates the need for daily pill-taking. However, it can cause irregular periods, and you’ll need to return to a healthcare provider every three months, which may not be an option for women who live in rural areas. 
• Hormonal implants: Similar to other methods, implants release progestin into your body and last up to three years. A healthcare provider will insert the rod into the upper arm. It is one of the most effective contraceptive methods, with a failure rate of less than 1%.
• Hormonal IUDs: These intrauterine devices release progestin and provide long-term contraception for 3–8 years. They work by thickening cervical mucus and sometimes preventing ovulation. Hormonal IUDs can also reduce heavy menstrual bleeding.

In addition, you can also choose from non-hormonal forms of birth control, such as:

• Copper IUD: Unlike hormonal IUDs, the copper IUD does not release hormones. Instead, the copper creates an inflammatory response that prevents sperm from fertilizing an egg. It lasts up to 10 years and is highly effective, but it may cause heavier periods and cramps.
• Condoms: Condoms provide a physical barrier that prevents sperm from reaching the egg. When used correctly, male condoms are about 87% effective, while female condoms are about 79% effective. Condoms are the only method that also protects against sexually transmitted infections (STIs).
• Diaphragms and cervical caps: To use these silicone devices, insert them into the vagina before sex to block sperm from reaching the cervix. You must use spermicide with diaphragms to be 83% effective — the same goes for cervical caps, which can be 71% to 86% effective. You may also need to refit the size if you’ve been pregnant or if your weight has fluctuated more than 10 pounds. 

Ultimately, the choice of what birth control you use depends on which type may suit your lifestyle the best.

Understanding the Risks of Birth Control

Your choice of birth control may also depend on knowing what the risks are. Notably, this includes what side effects you may have to endure, which may vary based on the individual. Common side effects of hormonal options include:

• Nausea;
• Headaches;
• Weight changes;
• Mood swings;
• Breakthrough bleeding and spotting. 

In addition, hormonal birth control can have long-term risks such as blood clots and stroke. Specific birth control methods may have more risk than others as well, for example:

• Depo-Provera, a birth control shot, has been associated with bone density loss.
• Implants can migrate or break inside the body.
• IUDs can pass through the wall of the uterus into the abdominal cavity due to improper healthcare techniques and uterine abnormalities.

For many women, these risks are low enough to outweigh the benefits of birth control. Even so, knowing about them is essential before agreeing to take them. It can mean the difference between life and death.

Informed Consent in Birth Control Decisions

Ultimately, it’s up to medical providers to disclose all of the risks of birth control before a patient consents, and the provider can prescribe or administer the birth control. Without informed consent, patients may unknowingly agree to risks they don’t want to experience. Informed consent also helps providers seek out the right treatment option. Suppose a patient has a pre-existing condition, such as a family history or a personal history of blood clots, migraines, or uncontrolled blood pressure. In that case, some birth control methods may be unsafe.

When Lack of Disclosure Becomes Medical Malpractice

When healthcare providers or pharmaceutical companies fail to disclose critical information about birth control risks, it can lead to serious health complications—sometimes rising to the level of medical malpractice. In such cases, women may have legal grounds to hold negligent parties accountable through lawsuits.

Unfortunately, this is an all-too-common experience among women, especially women of color. Even the first birth control trials involved Puerto Rican women in 1955 who didn’t have informed consent — many of the women didn’t even know that it was a trial and the pill was experimental at the time. 

Since then, clinical trials have become more regulated, but medical malpractice still exists in the reproductive healthcare field. Some popular cases include:

• Yaz and Yasmin Birth Control Lawsuits: Thousands of women sued Bayer Pharmaceuticals after developing life-threatening blood clots, deep vein thrombosis (DVT), strokes, and pulmonary embolisms while using Yaz and Yasmin birth control pills. Plaintiffs argued that Bayer failed to adequately warn consumers about the higher risk of blood clots compared to other hormonal contraceptives. 
• Paragard IUD Litigation: Women who used the Paragard copper IUD filed lawsuits against the manufacturer, claiming that the device was prone to breaking during removal, leading to severe pain, uterine perforation, and the need for surgery. Many of these women were not warned of this potential risk, leading to medical negligence and product liability claims.
• Depo-Provera Lawsuits: Depo-Provera, an injectable contraceptive, has been the subject of multiple lawsuits due to serious side effects that providers and pharmaceutical companies downplayed or didn’t fully disclose with patients, leading to uninformed consent and serious adverse effects, such as a higher risk of developing breast cancer and irreversible bone density loss. 

These unfortunate cases provide legal precedent for women who have had similar experiences and need legal help in suing pharmaceutical companies.

Side Effects vs. Harm from Birth Control

As mentioned, many birth control options may have mild side effects, but many will subside over time and don’t pose a serious health risk. However, other side effects can be warning signs of more dangerous conditions. If you have experienced the following side effects, you need to seek immediate medical attention:

• Severe chest pain or shortness of breath;
• Sudden dizziness;
• Leg pain or swelling in one leg;
• Severe abdominal pain;
• Sudden vision changes;
• Heavy or prolonged bleeding;
• Allergic reactions.

Many of these symptoms may indicate you either have a blood clot, pulmonary embolism, deep vein thrombosis (DVT), or an ectopic pregnancy caused by your birth control — all of which can become deadly if untreated. 

Steps to Take if You’ve Been Harmed

If you’ve experienced severe side effects from birth control, here’s what you need to do:

• Seek immediate medical attention: Serious side effects can be life-threatening if you don’t seek treatment. If a provider dismisses your symptoms, ask for a second opinion. 
• Document everything: During and after treatment, maintain copies of your test results, diagnoses, prescriptions, and notes from your provider. These documents can help you establish a timeline if you pursue legal action.
• Consulting a legal professional: If a birth control product caused harm due to undisclosed risks, faulty design, or medical negligence, you may have grounds to sue the pharmaceutical company. To do this, search for an attorney specializing in lawsuits against dangerous drugs or medical devices. Those with a successful history will be able to assess your case and determine whether you will successfully receive compensation for any suffering you experienced. 

Note that any legal action you pursue should occur within the statute of limitations within your state. For example, the state of California requires plaintiffs to file a lawsuit one year after noticing the injury caused by the birth control or three years after the injury started.

Advocacy & Protecting Reproductive Rights

Access to safe and effective birth control isn’t just a personal matter. It’s a legal right. Because of this, advocacy and activism play a significant role in providing women with the care they need.

The Role of Reproductive Rights Organizations

Whether you don’t have access to safe reproductive healthcare because of medical malpractice or a provider refusing care, you can seek help from advocacy groups like the Center for Reproductive Rights or the National Women’s Law Center who can:

• Provide legal assistance;
• Challenge restrictive policies in court;
• Educate you about your rights.

This kind of help may be essential for you and for protecting other women from experiencing the same issues. 

How Women Can Take Action

One of the best ways you can take action is by demanding full disclosure of potential risks associated with contraceptives and increased access to safe birth control — not only with your healthcare provider but also with your state legislature. 

Since the overturning of Roe v. Wade, many reproductive rights proponents in the U.S. Senate have been aiming to introduce bills that can help codify safe birth control as a right of all citizens. As a result, states won’t be able to create laws that can encroach on the right. As of 2025, they have yet to pass it. You can help encourage your state senator to support bills like these to help protect your rights now and in the future. 

You can also donate to programs like Planned Parenthood, which aims to provide sex education and healthcare to all women in the U.S. — not just abortion services. 

Ultimately, every woman should have the right to safe birth control and reproductive healthcare. You have the right to low-cost birth control. You have the right to informed consent. You have the right to proper education. While pharmaceutical companies and state and local governments may try to encroach on these rights, you have the entitlements. Take action now and feel empowered in your future. 

Resources for Further Information and Support

If you need more information regarding reproductive healthcare, birth control, and rights, use these resources:

Reproductive Health Organizations

• Planned Parenthood: Offers educational resources, birth control access, and reproductive health services.
• American College of Obstetricians and Gynecologists (ACOG): Provides research-based information on women’s health, birth control, and reproductive care.
• Guttmacher Institute: Researches reproductive health policies, birth control access, and legislative changes.
• National Women’s Health Network (NWHN): Advocates for women’s health policies and provides fact-checked information on birth control risks.

Legal Resources & Advocacy Groups

• Center for Reproductive Rights: Fights for reproductive healthcare access and legal protections.
• National Women’s Law Center: Provides legal assistance and policy updates on reproductive rights.
• Nadrich Law Corp: Provides legal advice and assistance to women who have experienced medical malpractice due to dangerous drugs or medical device defects. 

Support Groups & Hotlines

• Our Bodies Ourselves: Provides educational content on birth control safety and patient advocacy.
• Exhale Pro-Voice: Offers emotional support for women facing reproductive health decisions.
• National Sexual Assault Hotline (RAINN): Support for individuals who have experienced reproductive coercion or medical malpractice.