We know that when performed appropriately, C-sections save lives , but unfortunately, the surge in repeat C-sections caused by VBAC bans has also resulted in the deaths and serious injuries of mothers and babies. Attempting a vaginal birth after cesarean VBAC is a safe and appropriate choice for most women who have had a prior cesarean delivery, including for some women who have had two previous cesareans.
Unfortunately, her birth plans went terribly wrong and Mrs. Dray has filed a lawsuit. According to Dray, her doctor was unwilling to wait for her to progress through labor and forced her to have an unwanted repeat C-section.
In fact, the lawsuit implies that he did surgery against her will. Every hospital has patient representatives, clergy members, risk management people, and other doctors available hours-per-day to offer support and different perspectives and solutions. Arthroscopic partial meniscectomy knee surgery is extremely common, with about , procedures performed in the United States each year.
However, a trial published in revealed there was no benefit with these surgeries after a month follow-up, as compared to sham placebo surgeries.
Though this one is minimally invasive, any type of surgery carries a very real risk of problems during or after the procedure. So, can you sue for unnecessary surgery in Ohio? Normally, to win a medical malpractice claim for an unnecessary surgery lawsuit, you need to show negligence and harm. Here are some ways you may be able to show negligence:.
Of course, a medical error made during surgery, whether or not the surgery was unnecessary, may be considered negligent and grounds for a medical malpractice claim. If your lawyer thinks you have a case, they will need to obtain your medical records. Unless your case is obvious, such as a surgeon operating on the wrong leg, your attorney will have a medical expert witness analyze the records and give their opinion before proceeding.
If your doctor did not explain to you the possible outcomes, including how much work you might miss, you probably have a good case for malpractice if the surgery fails.
But if you were informed and there were no clearly better options, you may not have a case. There are those rare times when unethical doctors perform unnecessary surgeries for no other reason than money.
If all obstetricians in a unit take the same view, you should be referred to an obstetrician in a different hospital who is willing to carry out the surgery. There has never been a legal case on the entitlement to maternal request caesarean births. But you have a right to make decisions about the circumstances of your birth under Article 8 of the European Convention on Human Rights. This includes the manner in which you give birth.
It makes guidelines for health and social care across the UK. NICE guidance is not law so does not give you a legal right to a treatment.
But a hospital has to give good, clear reasons if it does not follow NICE guidance. Birthrights factsheets give you information about your human rights when you are pregnant and giving birth. Birthrights champions respectful care during pregnancy and childbirth by protecting human rights.
We provide advice and information to women and birthing people, train doctors and midwives, and campaign to change maternity policy and systems. Disclaimer: Our factsheets provide information about the law in the UK. The information is correct at the time of writing May The law in this area may be subject to change. Birthrights cannot be held responsible if changes to the law outdate this publication.
Birthrights accepts no responsibility for loss which may arise from reliance on information contained in this factsheet.
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