Forced C-Sections: Grounds for a Lawsuit?
Posted on May 27, 2014 1:29pm PDT
A woman in New York filed a lawsuit against Staten Island University this month after she claims that she was forced to undergo a C-section against her will. The woman is a 35-year-old mother of three who delivered her first two children via c-section as well. When she became pregnant with her third child, the woman started researching alternative ways to give birth. She wanted have a vaginal birth because she had experienced post-operative problems from her previous c-sections that resulted in prolonged recovery periods. After effectively researching her options, she decided that she wanted a VBAC (vaginal birth after cesarean.)
The mother located a provider and switched OB-GYN practice groups to one that she believed would support her decision and help her with the VBAC when the time came. When the plaintiff raised the decision with the OB-GYN group, they indicated that it was a definite possibility. The doctor that she spoke with was positive about her decision but never guaranteed that the VBAC would be performed.
When the plaintiff went into labor, the hospital staff pressured her to consent to another c-section. The attending physician even said that he would not examine her unless she agreed to have the surgery. When she refused to have the c-section, the hospital consulted with an attorney who authorized the doctors to overrule the refusal to have a C-section.
The hospital staff claim that the surgery was approved by the hospital's legal department even though the patient objected to it. In her medical records, there is a note saying that the plaintiff had decisional capacity. In the process of the c-section, the doctors perforated the plaintiff's bladder. The woman is now seeking punitive damages from the hospital because of their conscious decision to violate the law and the patient's rights.
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