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Suing for Cesarean Section Medical Malpractice

By Ephrat Livni, Esq. | Last updated on

As with any hospital procedure that goes awry, you can sue for medical malpractice when you are injured from a cesarean section. And with c-sec births dramatically rising since the nineties, there has been debate across the United States about their necessity.

Last year in New York, one woman sued a hospital for medical malpractice because she was forced to undergo a c-sec when she wanted to give birth naturally. Doctors overrode the mother's decision and put her in surgery, according to the New York Times. She charged the hospital with "improperly substituting their judgment for that of the mother" and of trying to persuade her by "pressuring and threatening" her during the birth of her third son.

Why So Many C-Sections?

One reason that c-sections became more popular is because there are more high-risk pregnancies taking place and doctors fear malpractice suits. C-secs seem like a safe bet compared to natural delivery because they are fast and easy to schedule, unlike a natural birth which can be very long and impossible to anticipate precisely. For some, c-secs are extremely convenient.

Almost a third of American births in 2012, or almost 1.3 million, were by cesarean section, according to the Centers for Disease Control and Prevention. The World Health Organization recommends that the rate should not be higher than 10 to 15 percent but the rate in the US has climbed steadily since 1996 until very recently.

C-sections, however, are more likely than natural births to cause problems for the health of the mother and the baby, according to some reports. Also, surgery is not a natural process, like birth, and women do get hurt. Rinat Dray, the New York mother who sued over a forced c-sec last year, stated in her court filings that her bladder was cut during the surgery.

Medical Malpractice

To prove medical malpractice requires an attorney. Cases are complex and involve numerous elements and an understanding of law and medicine. If you were injured during a cesarean section or any other hospital procedure, speak to a lawyer about your potential claims. Consulting with counsel can cost nothing.

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