You may have planned for and hoped to deliver your baby naturally. But as you get closer to your due date, or even when you are in the middle of labor, your treating medical professional may ask that you let them perform a caesarean section instead. You should know that refusing this procedure may go directly against professional medical advice. Well, with that said, please read on to discover whether you need to give consent before you undergo an emergency C-section and how one of the seasoned New York City C-section injury attorneys at Mark L. Bodner, P.C., can help you understand your rights in the matter.
Do I need to consent to an emergency C-section in New York?
Sometimes, a C-section is planned and scheduled well ahead of time. At this time, your treating medical professional must explain their reasons for recommending it, inform you on its potential risks, and disclose the impact it may have on your future pregnancies. They should be open to answering any of your questions surrounding the procedure before you give your explicit consent to it. And yes, your consent is necessary under these circumstances.
However, there are also instances in which a medical professional must commence an emergency C-section during labor. This may be if they detect that you and/or your baby are in distress and at risk for serious birth injuries, or even fatalities, if you attempt a natural delivery any further. In a true medical emergency such as this, a medical professional may override your objections and refusals and proceed with a C-section without your expressed permission. All in all, legally and ethically, a medical professional must balance between a mother’s right to refuse and their duty to protect the mother and their baby’s lives.
How can I have a successful lawsuit after my C-section?
Say you reject your treating medical professional’s recommendation to have a C-section, and you and/or your baby get injured during your natural delivery. Well, you may not have a strong case for medical malpractice because you went directly against professional medical advice. You may have even signed a form at the hospital that indicated your refusal of the procedure and acknowledged the risks of your decision.
But if you agree to a C-section but still incur injuries, you may have a lawsuit on your hands. This is so long as you can sufficiently prove that the medical professionals participating in the procedure acted negligently and deviated from the standard of care. As far as getting hurt during an emergency C-section, there may be the argument that the alternative to not performing the surgery would have been losing your and/or your baby’s lives. Again, the element of negligence must exist here.
In conclusion, you should retain legal representation before you even get close to submitting your medical malpractice claim. So please, contact a competent New York City birth injury attorney from Mark L. Bodner, P.C. today.