Usually when we hear the term “medical malpractice,” most of us don’t think of situations where surgeries are performed on patients against their will. This is probably because there are well-established and generally well-respected ethical rules in medicine. These rules require that when a patient has the ability to give informed consent, such consent must be obtained by medical personnel before giving treatment, including any type of surgery.
New Orleans residents who believe that their rights have been violated, or who have been injured by medical care providers, should consider talking to an attorney to learn whether they might be entitled to compensation.
A mother has recently filed a medical malpractice lawsuit, claiming that her doctor performed a cesarean section on her against her will. The woman had given birth by cesarean section twice before and was determined to deliver her third child vaginally because of the difficult recoveries she had experienced after the births of her first two children. The term used for this is vaginal birth after cesarean.
The woman claims that she had been in labor for a long time when the doctor approached her and told her, “I don’t have all day for you.” Despite the woman’s request to deliver her baby naturally, the doctor stated that he wanted to perform a cesarean section to hurry the process along. She claims that she was continually asking the doctor and hospital staff not to perform the surgery. The doctor even wrote in the woman’s medical chart that he had decided to override the woman’s wishes and ultimately performed the operation.
Thankfully, the woman had a healthy baby boy. But the experience has left her emotionally scarred. The woman claims that she would like to have more children, but now she is afraid of giving birth.
Her lawsuit should serve as a reminder that doctors are not permitted to perform a delivery procedure like this one against the will of the mother. When any patient is mistreated or neglected at the hands of a doctor or other medical staff, he or she has the right to speak with an attorney and may choose to take legal action against the appropriate parties to pursue compensation.
Source: CBS News, “Mother sues hospital claiming forced C-section,” June 18, 2014