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Mother Forced To Have Cesarean Section, And Now She’s Suing

Lawsuit For Forced Cesarean

In what could be termed a violation of the most basic of feminine, or even human, rights, a Staten Island woman was forced, against her will, to undergo a cesarean section, and she is fighting back with a lawsuit filed against the hospital and the physicians.

When Rinat Dray learned that she was pregnant with her third baby, she began looking into her options. Her first two children had been born via c- section, but the recovery period was difficult and prolonged, as is commonly reported with cesarean births. According to RHReality Check, Dray decided to try for a VBAC – Vaginal Birth After Cesarean, after researching her options. She never anticipated the medical tyranny that she encountered when it was time for her baby to be born, nor the injury that she would sustain from the forced cesarean surgery.

Based on current VBAC and cesarean guidelines and her own specific situation, Dray “believed she might be a successful VBAC candidate.” She interviewed various maternity care providers and found a group that seemed supportive of her wishes to avoid another cesarean and that, according to Michael Bast of the law firm Silverstein and Bast, “gave her a positive response without a guarantee, which is a good response. It’s all you could expect.”

Though there are no guarantees with VBAC, as well as any birth, there is plenty of research available that shows that VBAC is overall less risky to mothers and babies than repeat cesarean section. The group ICAN, International Cesarean Awareness Network, points out that the guidelines for VBAC have improved as of 2010 according to ACOG, the American Congress of Obstetricians and Gynecologists:

“The updated guidelines state that VBAC is a safe and reasonable option for most women, including some women with multiple previous cesareans, twins, and unknown uterine scars. ACOG also states that respect for patient autonomy requires that even if an institution does not offer trial of labor after cesarean (TOLAC), a cesarean cannot be forced nor can care be denied if a woman declines a repeat cesarean during labor.”

Forced To Have Cesarean Birth

However, when the much-anticipated day came for Rinat Dray’s baby to be born, those guidelines were ignored. The staff of Staten Island University Hospital began pressuring Dray to have a repeat cesarean when she arrived at the hospital in labor. She refused.

A few hours later, the attending physician informed her that he would no longer examine her unless she consented to a repeat c-section. She again refused. But that didn’t stop the physician, who consulted with the hospital’s legal department and made the decision to violate her will and her right to refuse surgery by the forced cesarean. The following notation is written in Dray’s medical records:

“The woman has decisional capacity. I have decided to override her refusal to have a c-section.”

During the course of performing the cesarean surgery that Dray neither wanted nor consented to, the doctor perforated her bladder. Now the 35-year-old mother of three is suing the hospital, her two physicians, and their practice groups for the forced c-section.

The lawsuit charges medical malpractice for forcing the cesarean against standard of care. ACOG’s own guidelines state: “Restrictive VBAC policies should not be used to force women to undergo a repeat cesarean delivery against their will.”

The Patients’ Bill of Rights for New York State (and other states) clearly asserts that “patients have a right to refuse treatment,” a right which the suit alleges was violated in ignoring and overriding Dray’s refusal for cesarean. This may be the first time that a patient has fought back in court using the Patients’ Bill of Rights.

Wrongful Forced Cesarean

The concept of “informed consent” was designed to protect patients’ rights, but many mothers and doulas have reported that “informed consent” is largely a myth, rarely seen in hospital birth settings. Be that as it may, it remains the law. In Dray’s case, it was “no consent,” as she was forced into a procedure she refused.

As difficult as it may be to believe, forced cesareans do happen, more frequently than most would believe. As recently as February 2014, a Brazilian mother was forced into a repeat cesarean. Birth Anarchy wrote her story of the police literally showing up at the woman’s home while she was in labor and dragging her to the hospital for the forced cesarean where they cut her baby out of her, even though neither she nor her baby were in any actual danger.

Forced cesareans have happened, and made the news, in Florida, in the UK, in Georgia, and more, though they remain rare. More common are providers who tell women that VBAC is not an option at their facility, thus women often reluctantly submit to repeat cesareans, not forced but coerced.

Increasingly common are threats that amount to blackmail, where hospital staff threaten parents with calling Child Protective Services to investigate or even take their baby from them if they do not submit to a repeat cesarean, or even to vaccines, as was the case recently in Birmingham, Alabama, as reported by The Inquisitr.

Last year, a Florida woman was threatened with arrest and the state-sanctioned kidnapping of her first-born child if she did not report to the hospital for her scheduled c-section.

Forced Into Cesarean

Farah Diaz-Tello, a birth justice activist and staff attorney for National Advocates for Pregnant Women, states that such actions are “not the appropriate use of the child welfare system, which is designed to protect children from neglectful parents, but we have seen cases in which women have been investigated and even had parental rights terminated based on proceedings that started with a refusal of cesarean surgery.”

That reality has birth and women’s rights activists alarmed.

Carla Hartley, founder of the Trust Birth Initiative, says that:

“Mothers do not need to ask anyone’s permission to exercise sovereignty over her own births.”

That should be the way it is, but sadly it is not. The maternal mortality rate is increasing at an alarming rate in the United States, one of only eight nations in the world whose rates are increasing instead of decreasing. A driving force behind that staggering increase is the high c-section rate, which has now reached 1 out of every 3 births in the US. With cesareans sections come increased risk of maternal mortality and morbidity as well as increased harm to the babies. Business Wire recently reported that up to 45 percent of those c=sections may be unnecessary.

The World Health Organization maintains that no hospital should have over a 15 percent cesarean rate. Yet women are increasingly having them. Some women want them; some need them; some believe they need them; others are lied to in order to compel them to submit. Others, like Rinat Dray, are forced into them.

In 1993, a Massachusetts woman won a $1.5 million judgment for her forced c-section.

“There are absolutely human rights and constitutional implications to cases like these, which treat women as separate and unequal to other people,” Diaz Tello told RHReality Check. “All people who are conscious and competent have the right to make decisions about their own health care, even in emergency situations. In this situation, they acknowledged that she [Dray] had the right to make this decision, and unilaterally decided to take it away from her. They didn’t even believe that they needed legal authority to do so.”

During the process of giving birth, Rinat Dray was in a vulnerable position. While trying to cope with labor contractions, she was wheeled to an operating room for a c-section, against her will. She is not a criminal; she is a mother. Yet her baby was forcibly cut out of her body during an invasive cesarean surgery, forced on her despite her refusal to consent.

How is this possible under Constitutional assurances of “life and liberty”? Her life was risked and her liberty was taken from her.

What do you think needs to be the consequences for her doctors and hospital? Are lawsuits like this one the appropriate action? And how can forced cesareans sections be prevented from happening again?

[Images via bing]

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Comments

142 Responses to “Mother Forced To Have Cesarean Section, And Now She’s Suing”

  1. Kathi Valeii

    Thank you for this article. That a physician has no qualms about subjugating a woman in this way, and even documenting his choice in the patient's chart with, "The woman has decisional capacity. I have decided to override her refusal to have a c-section,” is extremely revealing. It demonstrates the Master mentality of the physician and the pregnant woman as indentured servant – owing her body and her very life to the medical institution and society.

    Every day, pregnant women are forced onto their backs, and told to shut up. They are forcefully penetrated, strapped down, medicated, and sliced open, as they lie defenseless and vulnerable. While most women may not have this overt level of force, many describe their experiences as coercive and without choice.

    Society holds a strange acceptance of this kind of violence against women, and this brutality needs to stop. Women do not lose their basic rights or their decision-making capacity simply because they don the status, Pregnant. May this woman prevail and lay some much-needed groundwork for the rest of us.

  2. Barbara Stratton

    Anyone who is a birth activist on the national level has had these cases drop into our "inboxes" more times than we would like to count. I often advise women to sue but they are recovering from surgery, caring for a baby, and dealing with trauma and so none that I know of have. I'm happy this mother is doing so.

  3. Anonymous

    This article is leaving out a lot. I work in healthcare and VBACs are dangerous and the risk greatly increases if the women had multiple c sections. I bet something really wrong was going on with the mother for the doctors to pursue another c section. The mother probably didn't fully realize the risks or was just ignorant and didn't follow the doctors advice. This article is very one sided and should have given the physicians perspective.

  4. Marissa DiPaola Robert

    No, because there is no reason to override a patient's decision to deny treatment. None. If the mother had decisional capacity, there was no reason to force her to undergo treatment she didn't want. If she did NOT have decisional capacity, there might be reason. So long as she was lucid and said no though, there is absolutely no excuse for this kind of behavior to any patient.

    Setting aside that your assertion that VBACs are dangerous is erroneous. When not augmented or induced, VBACs and VBA2Cs are roughly comparable in danger to first time moms going through a vaginal birth. They are less risky, statistically, than RCS.

  5. Bonnie B. Matheson

    Sunflowerdaisy94, you sound like a caring person who believes completely in the Medical Model of Childbirth. That is OK, but there is another model. And the woman about whom this article is written appears to be one of those who researched her options, understood the dangers (of repeat C-sections as well as V-BAC) Ceasarians are more dangerous the vaginal birth. And the fact is that a woman owns her own birth. No doctor, no hospital no one at all has the right to take it away from her. I suppose you are still young, but I have been passionatly involved in childbirth for more than 50 years. Please do not allow fears to color your attitude toward birth. Birth is a natural function which is safe as long as it is not interfered with. Unfortunately modern doctors and hospitals seem to constantly interfere. That is not good for babies or mothers. Check the statistics for mortality in the USA for both mothers and babies. We are almost a "third world country" in our very bad results. I believe this is directly attributable to the restrictions put on mothers by hospital rules and doctors who are tying to cover their own "rear ends". The hospital and the doctor who so arrogantly over rode the mother's wishes is going to get their come-uppance. I hope.

  6. Anonymous

    This is what happens when we think it's okay to tell women that they can't even have coffee, tea or cheeseburgers when they're pregnant. It always goes further and further (remember when it was just alcohol?) and now women of sound mind can't even decide which method of delivery they will have. Americans are horrified when they hear about the forced abortions in China, but they don't even realize that our own medical community has become just as draconian toward pregnant women. The only thing more horrifiying is that American women are accepting the "it's for the baby" argument without asking for any evidence, no matter what rule or medical procedure is thrown at them. We're going back to the dark ages, but somehow we've been brainwashed into thinking we're just becoming more enlightened with each new rule or medical procedure that gets added. I sure hope that they figure out a way for men to carry a pregnancy to term, because that will surely result in a reversal of some of this insanity.

  7. Kathi Valeii

    Nothing in birth is inherently "dangerous" or inherently "safe." Birth, like life, holds numerous potential risks. VBAC's are not inherently dangerous; in fact, ACOG's own guidelines call it a "safe and reasonable for most women."

    But all of that is an aside, really. Whether or not this woman's choice seems "reasonable" is irrelevant. I can't fathom why on earth anyone is so concerned with the physician's perspective. He made it plain in his notes – he didn't like her choice, so he overrode it. He used his Master mentality to assert his authority and power over this woman. He violently assaulted her, and we want to hear the "whole story?"

    When are we going to stop blaming women? When are we going to stop assuming good intent only on the part of the man in the White Coat? When are we going to start trusting women as invested, capable and intelligent? By default, I trust that women want what's best for their bodies and their babies; by default I believe that pregnant women are the most invested person in the outcome of their births. What sinister views we hold of women when we automatically side with an assailant merely because he dons the white coat.

  8. Vicky Garnecki Forba

    The risk of a problem with a vbac is only 1% and most often times the reason for problems is the drs force induction. Back in the late 80's and early 90's vbacs were common. And of course it was rare for there to be all these c/s.

  9. Marla Kelly

    Apparently JHACO (Joint Commission – Accreditation) has some sort of hand in funding hospitals that comply with their policies. You should look into reporting them – maybe they will play ball if there is the threat of some of their funding being pulled.

  10. Sonya Steward Cass

    I agree. I would like to know if the baby was in distress, or if mom had changes in her baseline temp, labs, etc. amom who has the capacity to understand, & refuses at the risk of death of her or her child should ABSOLUTELY have her decision overrode. U camt fix stupid. But u can save a life. & BTW, there are many factors when deciding for vs vbac.

  11. Anonymous

    AND if her uterus would have burst or she had bleed to death due to complications from her previous c-sections her family would be suing for that also…..doctors malpractice insurance is sky high right now and yet they are sued trying to insure safety to her and her baby…it was a no win for this doctor and IF she was that against the c-section then she should have went to ANOTHER doctor and ANOTHER hospital.

  12. Alisha Elaine Auge

    So she could be arrested for trying to leave?

  13. Shannon McKee

    And yet if something had gone wrong if she'd had a natural birth she still would have sued. There was simply no way for the hospital to win in this case.

  14. Claire Harris

    The UK one was not the same thing and it's unfair and misleading to say so. The woman was in a mental hospital under Section which means she was very ill, she did not have the capacity to consent to a caesarean or anything else. She was already a candidate for a caesarean due to her previous medical history. It was kept from her because of the state she was in they were concerned about her safety if she knew.

    As a doula and a special scar VBAC myself this subject interests me and it's horrifying enough without misleading people.

  15. Anonymous

    2 KIDS WERE NOT ENUFF FOR THIS RETARD…. SHE WANTED MORE…. FUCKED UP BREEDERS, ALWAYS SOMEONE ELSE IS RESPONSIBLE FOR UR STUPIDITY, BUT NOT URSELVES

  16. Jennifer Stevens

    doctors are not always right and they do not always do what is best for the patient and listen to a patients wishes. I had a dr when I was 3 to 6 treating me for repeated UTI's who wanted to put me on meds till I was through puberity. he had records and xrays showing my kidneys were being damaged though he never told my mom. she finally got suspicious and demanded my records to take me for a second opinion. he tried to send me to one of his friends. my mom took me to Philadelphia children's hospital for just a evaluation and tests. they told my mom they were prepping me for surgery the next day as I would be dead or on dialysis within 30 day without surgery. when I was 25 I was in a car accident and never lost consciousness( verified to EMS by nurse who was in car behind us) my hip was dislocated and when I got to hospital they wanted to sedate me to pop my hip back in ,but I refused till I got to see my 2 small kids and knew they were ok or my mom got to hospital to make medical decisions for my kids. instead I was sedated against my will because the dr thought he knew better. I was told all that could happen if I refused and understood. I even offered to sign a wavier saying I understood I could lose my leg if I didn't get treatment sooner. the dr got in trouble with the medical board for violating my right to refuse treatment.

  17. Linda Mae Reeb

    That is criminal assault, and every member if staff who participated in, witnessed, or was aware of it happening and yet did nothing is guilty and should be charged, tried and incarcerated.

  18. Nerida Duncan

    We will never know will we, because she never got to have a vaginal delivery. Why does everyone focus on "If something goes wrong"? Women have been pushing babies out of their vaginas for thousands of years and mostly everything goes right or we wouldnt be here. Doctors are trained to deal with disasters and that is all they think about, like most men at a birth, they feel useless unless they are doing something, so they must interfere in something they are NOT trained for, physiological birth. That is something only a woman can do, and she doesnt need years of medical training to do it.

  19. TaiLeah Madill

    I have to disagree with the statement that there is no way for the hospital to win or that it is a lose-lose for the doctor. By placing the responsibility for decisions with the patient, by truly provided them with the pros AND cons of the proposed procedure, and making sure they understand fully the implecations to having and not having said procedure, you are empowering the patient to make the choice for themselves and supporting their decision in that choice and that leads to less lawsuits because the patient was involved and ultimately made the choice with the full scope of information available and was supported in that decision.

  20. Emily Urch

    Since this is the subject of litigation, the physician likely was not allowed to give his or her perspective. I am sure more details will emerge as the pleadings are filed.

  21. Julie Noyes

    Actually, Nerida… other than wide spread deceases (such as Influenza and TB that killed everybody) childbirth was one of the leading causes of death for women prior to 1900.

  22. Jen Hollingsworth

    I've had a cesarean. There was a medical reason I had to have it, obviously, or i would not have received it with my first pregnancy. If I ever had another child, I would opt for another cesarean instead of putting my babies life in danger just because I felt like trying something new.

  23. Sharyl Huskey

    Maybe she should have had her baby at home or a midwife center. She seems Ridiculous.

  24. Crystal Evans

    Nerida Duncan Do we want to go to a third world standard of care when women in third world countries, do not have access to a C section, go in labor for days and eventually deliver a dead baby and end up with a fistula, where they cannot control their urine and feces and are isolated from their families because of it?

  25. Miesha Vargas

    The ACOG has stated that VBAC is a safe and reasonable choice for most women. Do you know something about the safety of VBAC vs. RCS that the ACOG does not? Your statement is a bit ridiculous.

  26. Anonymous

    Women should have a right to give birth however they feel is right for them and their baby as long as the baby is not in immediate risk of death. This woman researched her options and was not being reckless in my opinion. Forcing a c-section on mothers absolutely violates their rights.

  27. Jen Hollingsworth

    How is it ridiculous? Because I didn't want to take the change of a complication that could turn out to be detrimental to myself or my daughter? Read your statement again, you said MOST. Not ALL.

  28. Miriam Snyder

    And that's your choice. C-sections have risks and complications as well, and if a woman chooses not to subject herself or her baby to those she should have the right to unless there is a MEDICALLY necessary reason for the C-section.

  29. Miesha Vargas

    Jen Hollingsworth I was commenting on your assumption that to have a VBAC would be putting your child at risk, not your choice to have a RCS. You can chose whatever you feel is the best birth for you, but to use fearmongering language when the ACOG itself has that a VBAC is safe *is* ridiculous. It makes it seem as if you know better than doctors who have spent decades studying this very topic. (There are exceptions, obviously, depending on scar placement, and reason for previous c-section, this the wording *most*. Those cases are rarer than you think, and the vast majority of women are great candidates for VBAC, and ARE NOT putting their children's lives at risk, as you mistakenly stated).

  30. Traci McEuen

    Dr's DO know more than patients and although 25pct who've had c-sections deliver naturally after with another child with no problem MANY CANT,it's UNSAFE due to scar tissue and other medical issues Dr's want to AVOID any problems for mom and the child they want ALIVE!..If I'd waited and refused as I did with my 2nd daughter after the horrible pregnancy with my 1st whom I was told was dead after problems when tests came back I had little water left in her sac and her heartbeat was gone ,I delivered c-section,I awoke to a 9.6pd baby girl who had leg and speech problems and went through therapy for years but came out perfect, later learned I have too small of a pelvis and my cervix refuses to dialate past 1 and would've killed my other child if I refused my Dr's orders…Most do it to SAVE their mothers and babies any issues so they can ENJOY their family…I'm THANKFUL for mine and just because I couldn't have my kids naturally makes me no less a mother than any other! A scar DOESN'T make you ANY less a mother, it makes you one who wants the BEST for your child even though you can't deliver natural so just ACCEPT it's a SURGERY to bring your baby into the world most times SAFELY and YES, SOMETIMES injuries arise, because THINGS happen sometimes! No body is the same and it's ALL different in every situation,you're LUCKY enough to have kids as SO many cry DAILY for, they CAN'T even get pregnant and be blessed with their own gift of life so ENJOY that blessing instead of complaining!!

  31. Ashley Harrold-Hamilton

    All this woman really wanted short of being able to have a VBAC is the ability to TRY to have a VBAC. I believe that if she was given the time to labor and attempt the kind of labor she wanted and the odds did not favor her plan for MEDICAL reasons, she probably would have been upset about another C-section, but accepted it. In my opinion, it sounds like her doctor thought it would most likely end in a C-section anyway and didnt feel like either waiting around, or having to come back later.

  32. Linda Mae Reeb

    Whats wrong Ellen? In ANY other situation where a person was attacked and physically injured, it would be assault causing grievous bodily harm. Why not in this case? If that doctor cant produce some compelling clinical evidence of imminent threat to the life of infant or mother, he belongs in jail. You cant just take to someone with a knife because you dont agree with their decision. Seriously!

  33. Linda Mae Reeb

    Jen, i know, as an experienced critical care RN, how very powerful a d persuasive Drs can be. And you are right – there are SOME situations where c sections save the lives of mothers and babies. But far, far, far less than the medical profession would have us believe. I think what bothers many of us is that the c section statistics prove that more women are birthing this way than is medically justifiable. And itf there wasNO risk involved, who would care? And if there wasnt an ever increasing body of evidence that deliverey by c section has serious long term health consequences for children, who would care? Noone would ever suggest you risk your childs welfare "simplybecasue you wanted to try something different". That is an insensitive statement. What we would like is for you to be able to make SOUND decisions, based on FACTS, not FEARS. we wish for ALL families, to have GENUINELY INFORMED CONSENT. its the law, even though it is not practiced very often, it is still your right and you should be just as interested in another mother fighting for it and you should be wanting it for yourself.

  34. Linda Mae Reeb

    Well, in Australia, Lynn, any practicioner who isconvicted of a criminal offence automatically looses their llicence.

  35. Jen Hollingsworth

    I was informed by my doctor I could go either way, but he did tell me why he believed I should have a Cesarean. I opted to do what I believed would cause less complications for myself and my daughter. I don't think anyone should ever be denied the choice.

  36. Walter Bachner

    As the Editor of Inqusitr, I rarely comment, but this story is just too important. This issue strikes me as part of two larger issues. One, the attitudes of doctors in general, who refuse to understand that they are being HIRED to provide a medical service in non-emergency cases. I will never forget when I moved to a new city and I was looking for a new doctor. The look on the man's face when i said, "I'm here to interview you for the position of my personal physician " was utterly priceless. The idea of forcing someone to have surgery against their will when they are lucid and not in medical danger is just terrifying.

    Of course, the other part of this equation is the growing lack of respect by all levels of authority, from local to federal, for the rights of parents and individuals. We are heading rapidly for a totalitarian state. Any American who isn't frankly terrified by the NSA spying and by the use of the IRS to silence opposing political views, they really need to reexamine the situation. When a commentator on a major network goes on TV and with a straight face says, "Children don't belong to their parents, they belong to the community," the America many of us fought and bled for is over. It is time for an awakening, America. Our freedom is at stake.

  37. Abi Oses

    If we are getting all the facts in this article and everything is true then the doctors should not be allowed to practice. This will more than likely go to trial because these are serious allegations. I'm sure these things do happen and it's unfortunate, especially the mother in Florida.

  38. Linda Mae Reeb

    Excuse me shannon? She researched the risks and made a decision based on sound evidence, not fear or coercion. AND the bastard was incompetent – not only did he impose a medically unnecessary surgery on this woman and her child, he did a botch job and perforated her bladder. As an RN with more than 30 years experience, i can virtually guarantee she will be living with particularly unpleasant consequences from that alone for the rest of her life. But further, will that doctor sit up all night when that child experiences difficult breathing due to more than double the risk of having non-allergic asthma? Will they spend the thousands helping deal with the food allergies and other digestion problems created because they were denied access to normal human microbiota at birth and their digestion will not function properly? Will the doctor compensate this person forced into the world surgically for significantly increase risk of all immune system related diseases including heart disease, diabetes, cancer? Despite what doctors have told us all for decades, ceaserian delivery is not just risky to mothers, but also to the long term health of the child. It should ONLY be done when ABSOLUTELY Necessary. ONLY.

  39. Linda Mae Reeb

    Jen – now you say you were given the option by the doctor -and thats pretty different to your initial statement. And it rings alarm bells for me, and i'll tell you why……
    Can i assume you were given this "choice" in the middle of labour? Had your doctor discussed possible interventions /complication throughout your pregnancy, and explained the benefits as well as the down-side to each? Did they tell what alternatives were available to you? Did they encourage you to research all of the different options, their benefits and negatives? Because if they didnt, it would not stand up to scrutiny in a court of law. Imagine squeezing a man by the balls, then ask him to select what he would like on is burger and afterwards tell him he had the chance to make his own choice! If you have not had the chance to pre-advise yourself of the major issues, prior to finding yourself in labour and facing a doctor standing over you, half naked, genitals exposed to a room full of people you are not normally intimate with, then any decision you make will NOT be based on lawfully informed consent. It makes you vulnerable to traditional power roles, threats and fear. As the doctor said you had the option, it is highly probable that they used emotive, fear based agruments to sway your decision. They may or may not have been based on sound eveidence. The statistics would suggest otherwise. You are probably now thinking that its impossible to be properly prepared for every eventuality. And you are right. But it is not impossible to be pre-informed of the most common situations leading to intervention. There is a huge amount of information available, in forms able to be easily understood by "non-medical" people. You might think that i was in a better position, becasue i am a health care professional. But homestly, we dont deliver many babies in ICU, so my knowledge of obstetrics was virtually non-existent. My home birth midwife INSISTED i inform myself. When I would ask her opinion of an issue, she would send me away to research it myself – from all perspectives. She directed me to spurces of informationwhich gave both sides of the story. Then shee was happy to discuss any questions and to tell me HER legal obligations, HER preferred practice and thus allow ME to decide if she was the right person to support me during birth. THAT is informed consent. Not, look you can try but its dangerous, and anyway i dont agree so wont be nice if you chose to try yourself, but you'll still expect me to step in if it gets scary, so, really, dont be so selfish and just let me cut you open! I hope it wasnt like that for you. But you might be interested to know there is an increasing body of research showing many women are mis-diagnosed with PND when in fact they have PTSD as a result of feeling violated during the birthing process, even when it was considered "normal". Food for thought!

  40. Linda Mae Reeb

    Crystal Evans : do you know that there has been a review of EVERY process involved in antenatal care globally, and the ONLY factors found to consistently impact on outcomes for mothers and babies are 1. Access to clean drinking water; 2. Access to a high protien, nutrient rich diet; 3. Access to quality life long health care services and 4. Having a support person with the woman whom she trusts. Maternal mortality rates in the US are increasing while those in 3rd world countries are decreasing! Explain that!

  41. MattandLauren Jurney

    This article sounds like it was written in haste and left out a lot of facts supporting the doctors decision. I hardly doubt that everything was going smooth and he just decided he would cut her open. If you're going to report on such things don't be so one sided. Maybe next time she should have her baby on her couch.

  42. Dianna Bennett-Sampson

    I think she should thank her lucky stars, and those who helped her during her birth, for getting her healthy baby here. I have lost a baby to complications plus had a very difficult complicated pregnancy with the next one. Through that, I learned the hard way that nothing happens the way we plan it, and in the end, it's not about OUR experience, it is about that baby's birth. Women who obsess about birth plans and the "me me me me" mentality make me sick. You are not doctors and you are no qualified by your online "I'm really educated on this topic" license and you are very dangerous. Get over yourselves. If you want to be a doctor, try to go to medical school and become one. THEN you can decide what s best for baby and a woman.. The reason you don't is because you couldn't make it into medical school because of your lack of knowledge and education. You bad mouth doctors out of jealousy and envy. Leave the thinking and decision making for those whom are qualified and go bake some cookies or something else for which you are qualified

  43. Dianna Bennett-Sampson

    Calling this "violence against women" marginalizes and trivializes REAL violence against women. Shame on you for that. The women who are injured an In fear tonight appreciate your lame comparison.

  44. Kaitlin Deegan

    I'm a CNA and even I know that a patient has the RIGHT to refuse treatment. You cannot force people to do something just because it is easier to you. I hope she gets millions of dollars from them and I hope the physicians are fired!

  45. Snoopy Sampley

    My Grand Daughter had a C-section with her first as her pelvis will not allow a baby to come down. She is due again 8 yrs later in July and they will do another c-section. She would like to vaginally deliver but if her pelvis won't spread enough to deliver…then she has to what she has to do

  46. Shylah Marie Means

    Cant she go after the Dr for assault? Take his license and compensate her for injuries sustained as well as the suffering that woman went thru both mentally and physically.

  47. Dianna Bennett-Sampson

    Yes there is a reason to override it. Guess what. The reason med. mal insurers don't like vbacs is because the lawsuits from women who had them and had complications result in vey high payouts from women just like those here who complain about them. Women insist on vbacs, have complications, then sue because of their decisions to INSIST on them. They pay out more to women who had vbacs than those who don't. You think they would want to pay more for he extra cost of C-sections? Why? Because more women successfully sue when they have tragic vbacs and say that their doctors shouldn't have let them have deliver that way. THUS, they choose not to cover them, and for good reason. Use your brain ladies. Don't be the stereotypical emotional women and for cripes sakes, THINK and use logic.

  48. Dianna Bennett-Sampson

    Actually it's not criminal assault. Thanks for playing pretend doctor AND lawyer all in one post. Let me guess, you are neither. It's no guess. It's obvious. Your ignorance is overwhelming.

  49. Jennifer Sherman

    Most people that are commenting about the article being one sided are probably correct. However… The Patient Rights were put into affect for a reason. Unless this women truly showed reason of mental incapacity, there should have been NO reason that this procedure should have been forced on her. I look at it like this and I am a mother. It's my body. I conceived and carried MY child for 9 months and if I did the proper research and was very sure I did not want a c section… The doctors will obide by my choices… Not only as a patient but as a women and a mother. Plain and simple. I get the risks of her choice for a VBAC and I'm sure she did as well. Doctors may know more then patients… This is probably true. But when it comes to my body, my children, or my family I know more and no one doctor or not will tell me what to do. She'll win her law suit.

  50. Dianna Bennett-Sampson

    Says the girl that went to Caesar Rodney High School. Another qualified poster. Goodness. smh

  51. Dianna Bennett-Sampson

    And babies have died for thousands of years.

  52. Robyn Scott

    I feel sorry for this lady her rights were clearly violated by her Doctors and their medical staff. She had every right to want a vaginal birth for her child instead of an c- section. First off having a c- section is a major surgery which takes a toll on your body. Especially for mothers who didn't want a c-section in the first place. I'm a new mother all over again and once I found out I was pregnant I immediately ask if I would be able to have my baby vaginal since I had a c-section with my second child. My midwife told me yes but there will be a small chance that I would have to have another c-section. She gave me information about VBAC and I did lots of research to make sure I could be one of the mothers of VBAC. I gave birth to a healthy baby girl 12/5/2013 thanks to my midwife who encourage vaginal birth. I'm thankful for her. More power to you and sue the mess out of them.

  53. Dianna Bennett-Sampson

    Yeah, until they sue, which they always do. Women want a certain birth and when they get it but something goes wrong, they go after the docs who "let" them choose. The claim is that the doc should know better and the women should not. Of course, her position is he opposite until things went wrong, then it I the doctor's fault.

  54. Dianna Bennett-Sampson

    Well sad Jen. It' about the baby, not out the mother and her unrealistic dream of the perfect birth. That concept is goes against the maternal instinct to make it about the safety of the baby, not about the mom. Only in this self-centered day and age do women make it about them and their plans and desires for THEM, the baby be damned.

  55. Nikki DePofe-Hartfil

    Dianna…. Are you so bored that you find the need to comment on everyone else opinion. You have yours they have theirs. Your acting more like an adolescent school girl than anyone you've bashed in the last 20 minutes. Everyone has their own opinion on the subject. You don't have to be a doctor or a lawyer to have an opinion stop trying to stir the pot and act your age. Are you both a doctor and a lawyer? Didn't think so , so your response must be the truth. Where you in the room? Are you the victim? Didn't think so , probably best if you stopped bullying people because you have no life ! Good day

  56. Kathy Kirsch

    I wanted a VBAC after my 2nd cold but my dr strongly insisted that I have a repeat c section I tried to insist on the VBAC but he told me my hospital couldn't handle it because I was at risk because I had already had a c section. Needless to say I gave in and delivered via c section.

  57. Linda Mae Reeb

    Actually, Dianna I am a RB with more than 30 years experience and i have worked as a senior investigator and consultant for health complaints statutory bodies in Australia. I have been involved in the criminal persecution of a number of medical and allied health professionals who committed assaults on their patients. 1 was sexual assault of a mental health care consumer and 2 were for imposing treatment without consent, another for fraud. So yes, i do know what I am talking about. In the absence of verifiable (documented) records showing imminant threat to the life of the mother or child, forced c section is criminal assault causing grieous bodily harm, deprivation of liberty as well. And your skill set is………..?

  58. Linda Mae Reeb

    Yes she can, and the police should pursue it. In the absence of verifiable (ie if it isnt documented in the chart, it didnt happen) proof of imminent threat to the life of mother or child, its criminal assault. We are just socially conditioned not to press charges against doctors. But it can and does happen. And it sets a powerful precedent. They have the capacity to properly advise women during pregnancy of the common complications, the treatment options and consequences and place them in a position to make legally defensible informed consent. Trouble is, if they did that women would know hospitals and intervention are dangerous and lots would chose to home birth, and the doctors would loose all that money and control of womens bodies.

  59. Krystine Alcock

    There is an obvious reason that they suggested a C-Section in the first place. If she was meant to have children come vaginally, she would have delivered her other children that way. There is an obvious problem with her body that does not allow her to deliver other than C Section, so why waste the time of the hospital to allow a woman to labor and have to possibly be rushed in for an emergency C Section because the baby ends up in distress. If she was so worried about not being able to experience the miracle of birth through a vaginal delivery in the first place, knowing her other 2 pregnancies were unsuccessful, then she should have kept off her back and her legs closed. I have a friend who has had 2 of her children C Section because she could not have them natural due to the size of her children all being over 10 lb babies and her being too small to deliver. She is now pregnant with her 3rd and when she asked about a possible VBAC herself they said it would be too risky for both her and the baby because her uterus is already weak from being cut open twice and then to allow her to go through labor and the stresses of the uterus contracting could cause for bleeding.

  60. Phoenix Matthews

    MattandLauren Jurney they are not allowed to leave. There are many cases where they are threatened with having their child taken away if they should object or leave. I myself was forced to have an epidural during my labor dispite having said repeatedly i was fine and did not want it. I was dialated to a 10 and the doctor wasnt even at the hospital. He called and told them to give me an epidural. I assume because he lived nearby and didnt want to come in yet. It was my first birth and i was too scared to fight back. It also resulted in a pinched nerve that still gives me issues now.

  61. Phoenix Matthews

    Even if it were true that there was a bigger problem would he not have put that in the notes? Also he cut into her bladder. Even with just that she has a right to sue.

  62. Phoenix Matthews

    If there was that much of a complication why didnt he put "The woman has decisional capacity. I have decided to override her refusal to have a c-section, due to _______." With some reason there. Wouldnt it make sense for him to put some logical reason there instead of just sounding like he doesnt care he is just doing it? Plus he sounds like he wasnt being too careful cause he hurt her bladder in the process. Sounds like a real idiot to me.

  63. Brittani Donahoo

    Reading all these comments has left me with one major question? Where are you all from? Where I am from you would NOT be arrested for leaving. You only have to be asked for transfer to another hospital and they will provide you with that transfer via ambulance so long as you are stable. You may also 'fire' (meaning ask for a replacement) any doctor or nurse that you feel is not caring for you properly. Also, you would only be given a c-section if you asked for one, had a scheduled surgery, or it was deemed an emergency. While I do NOT agree that any woman should be forced to have a c-section against her will in any case, except if her baby was in danger and the only way to insure proper delivery was a c-section even if that is not what she originally wanted. Sometimes that does happen. I myself did not plan to have a c-section but my labor did end in an emergency c-section. Obviously, that is not what I had originally intended. I would like to know if there was a reason she absolutely had to have a c-section. This article seems to be lacking a bit of information on that front.

  64. Jennifer Stevens

    Dianna Bennett-Sampson… what the hell supposedly qualifies your ass to post anything? are you a doctor? doubt it. I have every right to speak about my experiences. the medical experts at the childrens hospital where my life was saved turned my first dr into the medical board for my state and he lost his license for medical misconduct. so yes I KNOW drs can be wrong and do harm and then try to hide their actions. and the second dr lost his privileges to the hospital I was treated at for 1yr for violating patients rights so yes I would say DOCTORS CAN BE WRONG!!!!!

  65. Tiffany Susan Cupake

    as a mother of two c sections… it sucks. the first one was breech. although babies have been born breech naturally there is a chance the babies head will be clamped off inside the womans body and the baby will die. second off… after you have a csection. the seond time… if you do not go into labor on your own and require pitocin…. there is 1 and 1000 chances that the mothers uterus will rupture and in most cases the baby dies with rarely the mother surviving. i made an informed this woman is selfish, and is the reason why doctors why there are not many child birth doctors. she obviously was selfish, and is selfish wanting to make a buck or two…

  66. Kathryn Parker

    my first baby was born on New Years Eve many Yeats ago & I had a c-section. She was a 6 pound, 8 ounce baby. Years later, I gave birth to.another baby girl & I had a vaginal birth, She weighed in at 11pounds, 8 ounces. I smoked with the first one & I QUIT 8 years before the 2nd baby was born. The ugly scar I am left with is just a fashion nightmare but I had no complications after the vbac but with the c-section, I got an infection from the c-section surgery & an apology from the now dead doctor at my six week check up because he was not sober enough to perform surgery but I have two now grown adult daughters from those two births & this ugly scar.

  67. Kathryn Parker

    Good luck with ur lawsuit & I hope u make a point to change the educational process at the med school levels & that u win.

  68. Bonnie B. Matheson

    Dianna Bennett-Sampson, I wonder if you are a disciple of Dr Amy? You are surely biased and closed minded about birth. And you are afraid of it. Women are not all stupid, though there may be some who are ignorant or mentally challenged in some way that makes them unable to make good decisions. For most women, the information is out there for free and plentiful. Because so many women have been traumatized by their births and the treatment they received from a doctor or a hospital or both, they have started organizatons, groups, and self help partnerships to help women avoid being victimized by "authorities". When I had my first baby 52 years ago, there were no groups available. Now it is accepted even by doctors, that some women are suffereing from PTSD. http://www.sciencedaily.com/releases/2012/08/120808121949.htm
    To belittle the trauma these women experience is cruel and uninformed. Why do you think it is "All about the mother" when a women chooses not to subject her baby to a C-secion? It is dangerous for the baby to be born surgically. it is much better for the baby to exit through the birth canal. This is a proven fact. http://www.scienceandsensibility.org/?p=4995
    It is time for me to begin my day so I must bow out of this discussion.

  69. Holly Hammer Hagelin

    Wher was her husband / child's father during all of this????

  70. Erin Higgins

    MattandLauren Jurney Really?! If they deemed her having "decisional capacity" and over-rode her denial of a c-section, what makes you think they're gonna let her leave AMA?! They would not have. They would have called the police and had her other children taken away under "suspicion of abuse/neglect", all because she refused to consent to a surgical procedure she neither needed nor wanted, all because the physician can charge more for his "services".
    I hope she wins and sets a precedent for a law that tells doctors "Despite all of your degrees and experience, you do NOT know what every individual needs and you have NO SAY in what procedure to impose when the patient says 'NO'."

  71. Judith Ann Vickers

    Why did she need the other 2 C-sections?

  72. Joan Wilcox

    MattandLauren Jurney No they are not free to leave once they check in for a birth if they do then child protective services are called and they will force the woman by using the police to handcuff them to do the bidding pf the hospital. This is truly violence against women. I was in the hospital and the doctor told me that I had to take a drug that I knew that I was allergic to I told him no and he said "you are a woman you will obey" I informed him that I was an American woman and I had choices.

  73. Jessica McDonald

    Plenty of women have a successful vaginal birth after one or more cesarian deliveries. More than likely all she wanted was a trial of labor. She should have at least been allowed that.

  74. Nerida Duncan

    @ Julie Noyes, which has been attributed to poorer general health of the mother and contamination by Drs not washing their hands and unsanitary conditions in hospitals. Those who birthed at home faired better.

    Our mothers in the developed world are healthier, Drs and midwives now wash their hands, and more sterile procedures are in place in hospitals, but the maternal death rate is rising. Why? Because unnecessary surgery is more dangerous than a physiological delivery, and c-section rates are rising.

    Did you miss the part that stated this women's bladder was lacerated during the surgery she did not consent to.

  75. Crysta Williams

    Dianna Bennett-Sampson Indeed, even though I would side on the side of rights, MOST of the time, you have to wonder, where does this put the doctor, if they discover sources of likely complications… In that case, they are screwed either way…

    If they do C-section, to avoid the likely complications, they get sued…
    If they let her refuse, and complications happen (and goddess forbid the woman DIES) they get sued…

    Maybe we need a third options for medical professionals… The right to refuse treatment, WITHOUT PENALTY, if they feel the risk is too great, and that they are being forced into a lose-lose situation!

  76. Brenda Teckman

    Dianna Bennett-Sampson – This is real violence. A penis or a knife, impaling someone against her will is rape and violence. How and why do you trivialize this?

  77. Brenda Teckman

    Erin Higgins – How come others can't see as clearly as you can? No means No. And it should. You've hit the nail on the head with the financial angle. The Doctors must pay for those sporty cars so they can have one for every day of the week and the vacation houses as well.

  78. Brenda Teckman

    Joan Wilcox – Forcing inappropriate drugs on women and children seems to be the norm these days and it's time for it to stop.

  79. Brenda Teckman

    Kathi Valeii – Wonderfully stated. If the doctor had true concerns he would have entered them into his notes. That's what he is supposed to do. One thing that's missing in this discussion is the husband or family. Many times a woman is alone with people who are 'in charge of their bodies.' Without reasonable support from family or friends a woman's rights are consistently ignored no matter her intelligence or view point.
    Our culture considers only men when talking about rights and women are blamed for any problem that arises, even when the man is directly responsible for that bad outcome.
    I'm beginning to think that there will always be the constant attack on women because men are what they are in general. I've seen husbands side with the doctors time and again, even though they know what their wives want and have discussed the options fully. Women have told me that they even had notes about how to proceed with any eventuality, but their husbands went with the doctor on the very first hiccup. So sad.

  80. Nerida Duncan

    Traci no-one is saying anyone is less of a mother because they needed surgery to bring their babies into the world.

    Avoiding a problem for mom and baby? Well maybe we should just line every woman up, healthy or otherwise, for a c-section because that would AVOID the need for forceps down the track – you know, just in case. What about avoiding UNNECESSARY intervention by supporting and encouraging physiological birth, instilling trust in the mother and her own body.

    The issue is the womans rights were violated. Having any procedure forced on you against your will, against your express wishes, without your informed consent (and I feel this woman was well infomed) is a DESPICABLE thing – that is the stuff of concentration camps not a civilised society.

    As women we should be defending and protecting all women's rights to have control over their bodies whether you agree with what she chooses to do with it or not. Anything else is abuse of women and there is enough of that in the world already.

    Until you have been violated in this way you really are not in a position to tell another woman to stop complaining about the abuse she has suffered, you have NO idea what she is going through.

  81. Susan Brooks

    MattandLauren Jurney you leave while in active labor? You don't know child birth. Yes this is violence against a woman. Just because it was in a hospital they have no right, no right to force surgery on her.

  82. Brenda Teckman

    Ashley Harold-Hamilton – Very astute thoughts. She wanted to try, but would have likely been amenable if it required a CS. She was overridden with no consideration for her needs. That happens more than you'd think. Also, I've seen doctors push for a CS because it was nearing the end of their shift and the baby would be delivered by another doctor and he'd be out the fee. Convenience, money, power, misogyny and ego often play a part in these decisions.

  83. Bandimore Fox

    I can tell youre Brit, cause we dont use Section in US. the term we use is mental asylum. or sent to funny farm.

  84. Nerida Duncan

    Dianna Bennett-Sampson the only thing that went wrong that we can clearly see, is that the doctor performed unnecessary surgery, against the womans express wishes, her express instructions and the doctor messed up that surgery. There is nothing in this article that clearly indicates that the womans choice to have a vaginal delivery was the cause of any problem. The problem was caused by the doctor.

  85. Claire Harris

    Bandimore Fox – well that's different again, you can be in a mental health hospital without being under a section. A section is for people who are not capable of making an informed decision for themselves.

  86. Claire Harris

    Linda Mae Reeb so you have a little experience then? I'm only a doula but I would have called this assault too.

  87. Brenda Teckman

    Traci McEuen – I'm sorry your first child was lost and thrilled for you that you now have a family. Nothing you say is incorrect and you have every right to say what all need to hear. I must point out, without any disrespect to your experience, that all situations are not the same.

    I am neither pro nor anti C. Section. It has proven an excellent procedure when needed. I had one because it was needed. However, in both our cases the need was clearly defined, not a scare tactic or doctor bullying. This is not always the case and women who have been violated with a knife against their wishes are entitled to try to rectify the situation. The damage she suffered may not be a constant complication but it is common enough to have concerns over.

    Bottom line is that she had the right and the mental capacity to choose but the doctor over rode her rights for his own reasons. He neither stated the reasons nor was he honest during the pregnancy as he was reassuring her that she would have the birth she wanted then changing his mind when she couldn't defend against his choice.

    I'm hoping all women help change a system that makes a woman a faceless baby producer when it comes to making choices. We all have our stories, sharing them helps. Thank you.

  88. Brenda Teckman

    Kathryn Parker – Thanks for sharing your story. This balances out all the comments that are based on fear and a belief that once you have a CS then you will not birth normally again. Scar or no scar, you are beautiful.

  89. Paula Lobell Causin

    I agree this article is too one sided. How do we not know that the doctor didn't document more? Maybe the doctor is guilty of not documenting, but I think he would have in this case.

  90. Chris Feltner

    Dumbass it dont matter if she was ignorant and not taking the doctors advice. There is no law that says people have to do what doctors say. How many people you think get told they need to loose weight by there doctor and don't. They dont get strapped down and forced to loose weight. Same with having a baby just cuz the doctor says you should don't mean anything

  91. Nerida Duncan

    Jen Hillingsworth, that is fine for you in your circumstances. You are obviously informed as much you felt you needed to be, as to the reasons why it was necessary to have a c-section for your birth and why that is what you would choose if you chose to have another child. And thats fine and you have to make a decision that is right for you and your circumstances and it seems you were involved in the decision to have your baby via c-section. There is nothing wrong with that.

    However what if, just for arguments sake, you have done your research, you know what is the best birth choice for you, you have found a Doctor who is supportive of you having a c-section and on the day, you go into labour and the doctor has a change of heart and says 'I think we will just sit here and watch while you push this baby out on your own'. What if he writes in his notes, 'this woman has asked for a c-section, she is well informed and capable of making a decision but I have chosen to over-ride her choice'. Some way down the track you get torn up, they have to use forceps and make a mess of it, you have permanent bladder problems, need surgery to repair extensive damage, things will never be right again 'down there' and you are psychologically damaged and need years of trauma counselling to recover and bond with your baby. Your baby is rushed of to ICU because of the problems he/she encountered as a result of the botched vaginal delivery. Did you have a right to choose a c-section or not? Do you have right to request surgery to prevent the possibility of complications which you strongly believe to be highly likely? If so, why is your choice more valid than someone elses? Do you think you might be a little angry and feel betrayed by the doctor who back-peddled on a promise to perform a c-section and left you and your baby suffering for no apparent good reason?

    There are women who are just as well educated as you, who know with as much as conviction as you have for your choice of c-section, that a vaginal delivery for them is the safest option and best option for them, their babies and their families. They have the right to make that choice, just a much as you have the right to make your choice.

    Please do not trivialise this issue with statements like "just because I wanted to try something new". I am sure this woman took her birth choice a little more seriously than choosing a new hat.

  92. Nerida Duncan

    Sadly that is a very common scenario, too common. I am yet to come across a mother who was told before having the first c-section that all future births would be via c-section – as part of her 'informed consent' process.

  93. Brenda Teckman

    Bonnie B. Matheson. – Good post, nice to put in cites to be investigated. You are right when you state that C. Sections are dangerous for a new born. A best friend had a C. Section for 'failure to progress' and during the procedure the child's face was nicked by the scalpel just 1/8 inch below his right eye. He was lucky not to have been blinded. So many women have stories, wouldn't it be a good thing to take all the stories and quantify the results as statistical evidence?

  94. Brenda Teckman

    Kathy – Thank you for your post. You put into succinct wording all that is important. You were not given a choice that was yours to make, by law. You did what most women do – give in, so did I. It's exhausting to be belittled and bullied into something (anything) you don't want. To hear some tell it "All women are at risk in childbirth." To hear others tell it "All women should have some choice and the respect of her medical employees (doctors, nurses and the hospitals are employees, paid for by the insurance the woman paid for.). We all live with the choices we make, and the ones made for us. I hope your experiences have worked in your favor. You sound relatively happy.

  95. James Terrell McClenny

    Time for a male point of view, I suppose. If the patient says no, and they are of sound mental health, then by God it means NO. This is the United States of America, where our rights are guaranteed by the Constitution, and yet hospitals are routinely violating these rights almost casually. As for this not being "real violence" against women, pardon my language, but that is fucking bullshit. And as stated before, once a woman is checked in, it becomes a legal circus to get out if she feels that it is not the wisest choice to give birth there. Anyway, that's my male two cents.

  96. Traci McEuen

    Brenda Teckman I totally understand that my point is the REASON so many Dr's DON'T want to try for a vaginal birth stems from reasons for the first c-section..My 1st child DID survive,she's 25 years old and I have a gorgeous grandson,I know all have the right to choice but my beliefs are Dr's do TRY and do the right thing to avoid any complications so mom can enjoy being with a healthy baby instead of suffering through trying to birth naturally and possibly ending up with a baby sick or worse…I have no idea why her Dr wouldn't give her any reasons and THAT'S troubling of course! She SHOULD be well informed of ALL reasons!

  97. Traci McEuen

    Nerida Duncan I totally understand that part and she SHOULD have been informed of WHY! Totally understand her being furious! I'm just glad she's got a healthy baby and that's what everyone wants in the first place! He SHOULD have given her reasons as to why she HAD to have it done!

  98. Jenny Garnsey

    Not only should the hospital be liable and pay her for the trauma caused to her and her baby, but the Doctor or Doctors who forced the surgery on her should be behind bars. It was nothing less than assault with a deadly weapon. Someone cut this woman open, while she told them not to and there was no medical need to do so, that right there is not just malpractice, it is assault!! The man deserves to go to prison, lose his license and be fined. They perforated her dang bladder!!!

  99. Jenny Garnsey

    MattandLauren Jurney With out medical need, and after her refusal to have it done to her, they cut her open anyway, assaulting her, and perforating her bladder. This is assault. If your daughter was pregnant and was having a baby, did not need a C-section and the doctor even noted that she had the capacity to think straight and make decisions on her own, wouldn't you feel you're daughter had been assaulted? Especially after you see the long scar across her belly, the pain she is in after. And just imagine after all that, and being forced to be cut open, the surgeon screwed up and poked a hole in her bladder. Now she is vulnerable to infection and could die. All because some jerk decided he wanted a bigger paycheck and that the woman had no rights over her own body. And no, they do not let you leave. Some women are even strapped down like a mental patient.

  100. Jenny Garnsey

    It doesn't matter what the situation is. The doctor wrote that she was able to make decisions, but instead ignored her right to refuse. Unless she was mentally unstable, and incompetent to make decisions, he had no right to come near her with a blade. No medical practitioner has the right to over ride someone's medical rights unless a person is mentally ill or in shock and unable to make a conscious decision.

  101. Jenny Garnsey

    I agree about putting the doctor behind bars, but the nurses and aids most likely had no choice in the matter and in order to keep their jobs, must do as instructed. I'm sure someone reported the doctor, though. Some nurse who is also a mother.

  102. Jenny Garnsey

    If she had complications it would have been on her because it was fully her decision to have a VBAC. This doctor committed assault on this woman. I person, not just a woman, was forcibly cut open after refusing such a procedure. She can't get up and walk out while in labor. Imagine you have a medical problem… a kidney stone perhaps. If you let it, eventually you will pass it naturally because it isn't that large. Its painful but not so bad that it should cause permanent damage. The doctor, however, tell you he wants to cut it out. He would have to cut through muscle tissue and more to get to it, leave a 3 inch scar and you would have a very painful recovery. You refuse, knowing the costs are that there is a slight chance you could injure yourself while passing it but its your choice and you'd rather deal with that then get cut open. Your Doctor, now, decides he doesn't care what you've said, and you're now being wheeled into surgery. The only difference is, you can get up and walk away… imagine being in so much pain that you can barely stand up, let alone walk yourself out of a hospital. Oh, and often they tell the women that they will have Child Services come and take the baby from her after if she doesn't comply and do a C-section. And get this, they can do it. This sort of thing makes me want to have a lawyer if I ever get pregnant, and have him present at the birth.

  103. Wulfgar Peter Miller

    Listen Up Idiots, If You Take A Razor SharpSurgical Tool And Open Up A Persons Belly After Thay Have Said No, That Is Violent ! WTF Part Don't You Get? Is It Ok Because They Had White Coats And A Degree?

  104. Judy Zizza Ryan

    In 1982 I had a cyst removed from an ovary, in1984 I had my daughter. I was told at the time that I had to have a csection because of the cyst removal. The doctor was the head of obstetrics so I never thought to have a second opinion. It took me 6 months to feel normal again after the csection. I was consistently feeling ill and fatigued. In 1986 I got pregnant again and went to a different doctor because we moved to a different state. I complained about having another csection.He told me I never need one in the first place, that the first doctor did not even cut through the uterus to remove the cyst. I had that baby natural and went home the next day feeling great. I contacted a lawyer who told me that it was too late to press charges on the csection doctor. (My first child was born in 1975 a natural birth) I found out years later from a nurse from that hospital that the doctor often talked his patients into csections. He liked to plan the births so he didn't miss his sons little league.So YES I hope she sues the pants off him!

  105. Suzan Johnson Bargen

    she should have signed a waiver releasing Dr and Hospital if her vbac choice went negatively. I can't believe the Dr would do surgery w/o a signed informed consent. She has every right to sue and I hope she gets rich! Nobody knows what the outcome would have been with a vbac, but we allknow her bladder was injured during a botched c section. Shame on the Dr and had I been a nurse on the case I would have refused to take part.

  106. Karen Hotchkiss

    i was forced into an epidural by the nurse when i delivered my child even though i repeatedly said no. i am sick of so-called medical professionals forcing women into procedures they don't want and aren't medically necessary. i hope this woman gets every penny she is suing for

  107. Glenn Formont

    Dianna Bennett-Sampson Hey stupid, why do you attack other women's choices? What does the HS she attended have to do with this. Just STFU you stupid cunt.

  108. Carrie Moyer

    ACOG's guidelines suggest that some women can be good candidates for VBAC even after two cesareans. Sunflowerdaisy, are you a member of ACOG? Have you ever heard of the organization? Your patronizing tone towards the mother is ludicrous and offensive, to suggest that she couldn't possibly know anything because she's "just" the patient.

  109. Nerida Duncan

    MattandLauren Jurney attacked with a knife causing grievous bodily harm = violent assault with a deadly weapon. What is it you dont understand? Wearing a white coat is not a free pass for committing crimes against women or anyone else for that matter. I'm so glad you had joyous birth experiences but apparently that has left you with no insight into this issue whatsoever.

  110. Anna Levine

    You have to legally consent to a c/s. With two previous c/s, very few providers would allow a TOLAC after 2 c/s. Was she in spontaneous labor? Was baby doing ok? Lots of information missing here in this story. No woman should ever be forced to do anything that is not consented, evidence based, and safe

  111. Anita Bugges

    Crystal Evans – the vast majority of mothers in the situation you describe are little more than children, child brides whose pelvises have not matured enough to allow a baby pass through, exacerbated by malnutrition. In some countries half of the female population is married before 15 yrs of age,some as young as 7 or 8.

  112. Ann Hubbard

    I appreciate being given this information, but I really hate adding the pictures that have nothing to do with this story.

  113. Irene Concetta Xenos

    Some people are attacking you for comparing this to rape, which is what you are aiming for. And, without denying someone the right to express their disagreement with you on that point (especially if they themselves are victims of rape who feel their pain is trivialized by this comparison), I want to say that as a victim of sexual abuse and a victim of forced medical "treatment", I think your comparison is spot on.

  114. Nerida Duncan

    Crystal Evans I dont live in a third world country, neither have my grand and great grand and great great grandparents, so you comment is a little pointless

  115. Brenda Teckman

    James Terrell McClenny Good call. Men should be weighing in on this. After all, these women are their wives, sisters or friends. Thanks for you post.

  116. Ginny Anderson Ferguson

    The women in these situations feel violated, hurt, and often suffer from PTS. They feel small and helpless and their introduction to their baby is sabotaged, as they meet their child with their spirit damaged rather than infused with love and confidence. It's known as "medical rape." And their pain is just as real as any other kind of violence against women. They are helpless as they undergo the knife against their will, and it is society's job to protect the helpless when they are being taken advantage of. CPS should not be used to settle power struggles between practitioner and parent. I personally know several families where children were in homes knowingly being molested by family members, being given drugs and alcohol, exposed to all sorts of horrors, and CPS supposedly could do nothing about it because the child was afraid to testify against the offender. Yet they have no qualms about taking away a child whose parents say no (or yes) to a medical procedure. This is just wrong. The system is broken and needs to be dismantled and re-thought.

  117. Linda Mae Reeb

    Says who, Snoopy? Very few women genuinely have a pelvis too small to deliver their baby. Babies actually "know" how big their heads are and will release the hormones that initiate labour when their head gets to the maximum size to fit in the pelvis in which it is growing. And we all know, it you can get the head put, the rest will follow! I would be seeking the opinion of an experience home-birth midwife regarding pelvis size, shape and baby size. Scans are NOT accurate. Also, remember, from laying on you back, to standing or squatting, the opening to your pelvis increases 28%. Thats A LOT OF difference. Do not blindly accept the opinion of doctors who get paid more moneywith convenience for them. Its your responsibility to make sure you have researched the facts and options yourself before letting them hack holes in your body and risk both your life and the long term health of your child. Best of luck

  118. Snoopy Sampley

    Linda Mae Reeb it was her hips won't spread…not pelvis..i talked to her the other day. And the Dr. said her hips weren't wide enough to deliver vaginally. She is an RN and in the medical field, and has talked to several associates of hers regarding this..

  119. MattandLauren Jurney

    All I'm saying is that there are two sides to every story and this one is clearly written from one perspective. Unlike some of you I don't believe everything I read and I am a RN with vast experience and have never seen anyone forced into being cut open against their will. How do you know she wasn't a raving mad women at the time the decision was made? How do you know that what this writer said the doctor wrote was true? How can an entire medical team who takes oaths to help and serve people do something so vicious together? Do any of you take into consideration that the doctor did what was best for the child because maybe he didn't want to go home that night knowing he let an innocent baby die because the mother was an idiot? I've had a c-section myself and it's really not that painful, if America's medical practice for L&D is as terrible as some of you want to believe it is then by all means go have your babies in Iraq where women are truly treated as worthless objects.

  120. Linda Olsen

    I bet she was forced to pay for the additional expenses of this unwanted c-section as well. It probably quadrupled her hospital bill. The medical field is the only industry in this country that can force an unwanted procedure on someone and then require them to pay for it.

  121. Alex Rieder

    Dianna Bennett-Sampson and MattandLauren Jurney This is violence against women, and denying it marginalizes and trivializes ANY violence against women.

  122. Wulfgar Peter Miller

    The Argument That Some Of These Sheeple Make Is So Ludicrous It Defies Common Sense. "The Doctors Know Better Than Her? You Take Your Chances When You Go To The Hospital?" WTF? So By That Same Logic, Since The Doctors Are Brighter Than Us, If We Go In To Have A Hemorrhoid Removed And We Wake Up With A Patch Over One Eye, The Doctor Says" Well Technically You Only Need One Eye So We Gave One Of Yours To The Guy Next Door", Its Cool, They Know Whats Good For Us.