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TJ, Esq.
TJ, Esq., Attorney
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Experience:  JD, MBA
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My daughter was told at 40 weeks, after inducing for 24 hours,

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My daughter was told at 40 weeks, after inducing for 24 hours, that she could be guaranteed a healthy baby if delivered by c-section, or they could wait and risk brain damage from oxygen deprivation. Of course they chose c-section, but the section was conducted as an "emergency" section. So she will never be able to have a vaginal delivery, and will be "at risk" for additional c-sections. It seems crazy to me. I was told after 40 weeks with no dilation or effacing to go home and walk. I would just like to know the percentage of c-sections versus vaginal deliveries that this particular physician has, and if this worth pursuing as a negligence complaint. It seems patience was the virtue left out of this scenario. Had she gone home and had the baby a week late, as I did with her, the outcome possibly would have been different. Was this physician's decision one of convenience or necessity? And, is this worth pursuing in a court of law?
Submitted: 2 years ago.
Category: Legal
Expert:  TJ, Esq. replied 2 years ago.
Hello and thank you for allowing me the opportunity to assist you.

Please note that for legal reasons my answers are only intended to be general/educational information rather than specific legal advice. If you need specific legal advice, then you must consult with a local attorney in your jurisdiction.

Your daughter should consult with a different doctor to get an objective opinion as to whether there was actually a risk of the baby suffering from oxygen deprivation if delivered vaginally. If the second doctor agrees with the first, then you have your answer. If the second doctor disagrees with the first, then it's possible that your daughter has a legitimate claim against the first doctor for medical malpractice. If a lawsuit is filed, then as part of the lawsuit your daughter would be able to require the doctor to turn over records such as percentage of c-sections versus vaginal deliveries. That information may strengthen your daughter's case, depending on what those records indicate, since there could be a pattern as you suggest. But before you get to that point, the lawsuit must be filed, and to file the lawsuit, your daughter will need a second opinion (and a lawyer). So, have her see a doctor to review her medical record.

Have I satisfactorily addressed your concerns? If not, then feel free to let me know, as I will be happy to clarify my answer or help with your follow-up questions. In the meantime, please remember to click the green accept button so that I will receive credit and compensation for my time (doing so does not end our discussion). Positive feedback is always appreciated as well. Thank you and good luck!
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 9856
Experience: JD, MBA
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