Recently, a Staten Island woman was forced to undergo a Cesarean section. She is now filing a lawsuit against the hospital and the physicians, according to a recent report.
After two previous C-sections, mother Rinat Dray looked for other options when it came time to deliver her third child. For her, the recovery period was difficult and prolonged. After researching her options, including interviewing various maternity care providers, Dray decided to try for a Vaginal Birth After Cesarean (VBAC).
Though there are no success guarantees, research has shown that VBAC is far less risky to both mother and child than a C-section. The American Congress of Obstetricians and Gynecologists even went so far as to state that “VBAC is a safe and reasonable option for most women, including some women with multiple previous cesareans, twins, and unknown uterine scars.” The ACOG goes further to state that “respect for patient autonomy requires that even if an institution does not offer trial of labor after cesarean (TOLAC), a cesarean cannot be forced nor can care be denied if a woman declines a repeat cesarean during labor.”
Even with these guidelines, the staff of Staten Island University Hospital began pressuring Dray to have a repeat cesarean when she arrived at the hospital in labor. Dray refused. A few hours later, the attending physician informed her that he would no longer examine her unless she consented to a repeat C-section. Dray again refused. The physician, after consulting with the hospital’s legal department, made the decision to violate Dray’s wishes and her right to refuse surgery by forcing a C-section.
To make matters worse, Dray’s bladder was perforated during the surgery.
Remedies for Forced Surgery and Injuries
These issues resulted in Dray filing her lawsuit, which charges medical malpractice for forcing the cesarean, citing ACOG’s own guidelines which state “Restrictive VBAC policies should not be used to force women to undergo a repeat cesarean delivery against their will.” Further supporting Dray, the Patients’ Bill of Rights for New York State clearly asserts that “patients have a right to refuse treatment,” a right which the suit alleges was violated in ignoring and overriding Dray’s refusal for undergoing a C-section.
The Fitzgerald Law Firm in New York has over 40 years of experience aiding clients in medical malpractice cases. The attorneys at The Fitzgerald Law Firm who work on medical negligence cases are extremely knowledgeable in their field, with many having taken additional course work in both medicine and medical law. For those facing a potential medical malpractice situation, it is important to seek out the expert help of experienced medical malpractice lawyers. Call the Fitzgerald Law Firm today for a free consultation.