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Mother claims injury when doctors forced a C-section

According to the Centers for Disease Control and Prevention, the number of C-section deliveries has continued to rise since 1996. The increase in C-sections comes despite CDC warnings that this type of surgical birth can pose greater risks of birth injury as well as risks to the mother's health.

West Virginia mothers usually consider the options between natural birth versus a C-section delivery, especially with C-sections gaining popularity. The important point here is that mothers have a choice. One mother who recently gave birth in New York claims that her doctor did not give her an option and forced her to have a surgical birth. She has filed a lawsuit against two of the doctors involved with her delivery, as well as the hospital. The malpractice lawsuit claims that the defendants improperly substituted the physician's judgment for that of the mother's request and pressured her into surgery. The mom also claims that her bladder was cut during the operation.

The 35-year-old mother knew that she wanted a vaginal birth from the outset. Already a mother to two delivered by C-section, she knew that she wanted to avoid surgery and the uncomfortable aftereffects. But the mom claims the doctor never even gave her a chance and encouraged a C-section from the moment she got to the hospital.

The mother endured hours of labor before moving to the operating room. She continued to protest the surgery at that point, but says doctors told her that her refusal constituted child abuse and that if she did not comply her child would be removed from her care. The woman's doctor says that he did not force her into surgery.

The lawsuit brings up an interesting point on the rights of a mother to make their own medical care decisions during labor. While doctors may be jumping to surgical births more and more, mothers may heed the warnings and recommendations and opt for a non-surgical birth to reduce the risk of error during labor.

However this case turns out, doctors will continue to be held to a certain standard of care for their patients. If this standard of care is breached during the labor and delivery process, West Virginia mothers and parents may have a cause of action against the responsible parties.

Source: Guardian Liberty Voice, "Hospital Sued by Woman Who Says She Was Forced To Have C Section," Beth Balen, June 18, 2014

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