Lawsuit For Forced Cesarean

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

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