I had gestational diabetes while pregnant. I had intentions of natural labor all along, however my doctor had been planning on attempting to get me to agree to a cesarean for several months. She kept ignoring my birth plan and wouldn't give me a good reason that I couldn't labor naturally. Finally, she induced me a week early and allowed me to 'labor' or be induced on one round of induction medication for 4 hours. She hadn't seen me at all that day and came in at noon (was induced 6am) and told me she had already scheduled the O.R. for 1pm. I had made some progress, dilating to 2cm and having contractions strong enough that the nurses had to wait before doing a second round of induction in order to avoid causing fetal distress. The doctor knew about my gestational diabetes and had promised me they would keep my sugar levels in check and in safe zones so I wouldn't suffer high or low sugar levels. The doctor and the nurse bullied me into a cesarean section despite my wishes to labor naturally. She allowed my blood sugar levels to crash and I was going into sugar shock and not in my right mind when they should have been correcting for this all along. I was taken to the OR in a daze where I was shaking, clammy, and not fully comprehending the situation from the low blood sugar levels and was incredibly upset, verging on hysteria when they took me down. It was against my birth plan and there wasn't a reason to make that decision yet. The doctor took this route and caused me emotional pain so that I can never look on a day, that should be one of my most treasured memories, as one of the worst days of my life. I have no positive memories from that experience and it ruined the first few moments that I had with my baby, which I don't even remember. That day left me traumatized with the feeling of what I consider 'birth rape.' Do I have a case?
Country relating to Question: United States
State (if USA): North Dakota
Hi and welcome to JA.
It certainly sounds like a valid claim. I just want to check some ND details. I'll be right back.
Medical malpractice, sometimes referred to as medical negligence, occurs when a health care provider violates the governing standard of care when providing treatment to a patient, causing the patient to suffer an injury. Medical malpractice can result from an action taken by the medical practitioner, or by the failure totake a medically appropriate action. Examples of medical malpractice include:
Medical malpractice actions can be brought by the injured patient against anyresponsible licensed health care provider, including doctors, counselors,psychologists and psychotherapists.
You have to consult with an attorney in your state. This is not because I am a NY attorney, but as you can see from the language on the site here, it says that no attorney-client privilege exists and that you should contact a lawyer in your state for representation. In other words, even if I were a lawyer in your state , the same rule would apply.
To find an attorney, go online to Martindale.com. This is a nationwidedirectory we lawyers use ourselves to find highly qualified legal specialistsin various fields of law. These lawyers are NOT in Martindale because they paidto be included. They are there because they are rated as QUALIFIED by otherlawyers in their field of expertise and geographic area as it applies to yourkind of case. The process is this: other lawyers are asked to fill outquestionnaires giving their opinion of the quality of the work of the law firmthat ultimately appears in Martindale.The site is organized geographically and by legal specialty. Consult withtwo or three and select the one you are most comfortable with. The Martindale listing will have the names of current or past clients. Contact those clients as references for the firm.
You must contact a lawyer who specializes in medical malpracticecases because he or she will have a medical legal expert review all the records with a view toward offering an opinion/report and trial testimony that the doctor's acts were negligent in that they did not conform to the standards of the applicable specialty in your area.
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Thank you for reading this and for your consideration.I'm always ready to help further.
NOTE ALSO VERY IMPORTANT
You have 2 years from the incident to bring an action for medical malpratice against the doctor. If the doctor was an employee of the hospital, you can also sue the hospital based on the legal principle of respondeat superior.....the negligence of an employee is passed on to the employer
Medical Malpractice - North Dakota limits awards of noneconomic damages ( amount over and above actual medical expenses called economic damages) to $500,000.00. Awards of economic damages in excess of $250,000.00 are subject to review by the court.
Please press 3 or 4 or 5 below so that I may get credit for assisting you.
Please do NOT press 1 or 2 since that will result in a negative rating for me which you may not have intended. If you want further information or clarification, just ask before you give a rating.
Thank you for reading this and for your consideration. I'm always ready to help further.
NYC Personal Injury Trial Attorney for 30+ years; Law professor; Arbitrator; Psychotherapist.
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