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Woman suffers perforation injury during unwanted surgery

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A 35-year-old woman has filed a medical malpractice lawsuit after suffering a perforated bladder during the c-section birth of her son. What makes this suit particularly newsworthy is that the c-section was performed against the woman’s will.

The plaintifff had two c-section births prior to the one at issue, but was unhappy with the lengthy recovery time and other problems associated with a cesarean section. She visited several doctors and found one that said she could potentially have a VBAC delivery or vaginal birth after c-section.

Once she began labor, she checked into the hospital with every intention of having a vaginal birth. She claims, however, that the doctors insisted on a c-section from the moment she arrived.

After pushing back against the patient’s wishes for a VBAC several times, a doctor decided to perform he c-section anyway – against her wishes. The physician made a surgical mistake and perforated the patient’s bladder during this undesired c-section.

Not surprisingly, the patient is seeking damages from the hospital and two doctors. It seems likely that the woman will prevail in securing damages for her perforation injury, but the issue of recovering money for the c-section against her will is much less clear.

It could prove to be quite a hotly contested legal battle that impacts future lawsuits concerning surgery without a patient’s consent.

Source: RH Reality Check, “Lawsuit: Staten Island Hospital Forced Patient Into C-Section Against Her Will,” Jessica Mason Pieklo, May 13, 2014

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