A Brooklyn woman has filed a medical malpractice lawsuit over a C-section that she says was performed against her will.
Rinat Dray had previously given birth to two babies via C-section, but was hoping to deliver the third vaginally. Instead, she said she was pressured to have a Cesarean delivery and, after hours of labor and arguing with her doctor, was wheeled into the delivery room where the surgery was performed and her third child was born in July of 2011. The child delivered was healthy; according to the complaint, however, Dray’s bladder was cut during the course of the operation.
In the suit, filed against Staten Island University Hospital and her doctors, Dray’s lawyers accuse the defendants of malpractice, accusing them of “improperly substituting their judgment for that of the mother” and “pressuring and threatening” her into the procedure.
NY medical malpractice lawsuit relates to larger C-section debate
In a handwritten note on file at the hospital, the director of fetal and maternal medicine wrote, “I have decided to override her refusal to have a C-section.” He did so in complicity with Dray’s own doctor, as well as the hospital administration, all named as defendants in the suit.
Although there is no question that doctors went against her will in performing the procedure, counsel for the defense has noted that they did so because they believed that there would have been grave risks to the fetus had they not done so.
Though an isolated case, it is emblematic of the larger issue of the use of cesarean sections in American obstetrics. While the World Health Organization recommends that the C-section rate be no higher than 10 to 15 percent, almost one third of births in the U.S. were carried out using the procedure. A spokesperson for the hospital said that it had a fairly low C-section rate (22 %) compared to the 34 % rate of New York state.
There are various reasons for the rise of the U.S. C-section rate; perhaps the most significant reason is the rising malpractice insurance rates that obstetricians have to pay due to medical malpractice lawsuits.
New York hospital malpractice lawyers available for consultation
Obstetricians tend to have high medical malpractice insurance rates due to the threat of lawsuits; however, a lawsuit regarding birth injury or other medical malpractice issues is not necessarily easy to win. Lawyers for plaintiffs who believe that they have been victims of hospital malpractice must demonstrate that the doctors in question were negligent and that they acted in a way that fell below the accepted standard of care.
A simple mistake or a poor outcome does not necessarily mean that a medical professional will be considered liable in a court of law.
Filing a New York hospital malpractice lawsuit can be a complex process and it is best to consult with a lawyer to determine whether your case has merit, and to have all of your questions answered. At Edelman, Krasin & Jaye, we have the experience and expertise to make sure you receive maximum compensation for your injuries, whether they relate to birth injuries, or other hospital malpractice issues.
If you believe that you have been the victim of hospital malpractice, contact our office at 800-469-7429 for a no-cost, no-obligation consultation with one of our New York medical malpractice lawyers.