Can I sue if a c-section was performed without approval?

Did you receive a c-section or other surgery you never agreed to? Were you prescribed a medicine that had serious side effects you weren’t aware of? Did a doctor or healthcare provider neglect to treat you after you made your symptoms clear to them? Doctors work hard in general to help their patients get excellent treatment and stay healthy. But there are times when a doctor doesn’t meet the “medical standard of care,” which results in patient harm.

These are situations when it’s best to call an attorney. Not every situation merits a court case, but getting a professional opinion helps you make a good decision about your options. Many patients who are injured feel guilty about holding a doctor or healthcare provider responsible. The problem is that issues caused by malpractice have life-long effects that may not be clear right away.

How do you know if you’re a victim of malpractice or sub-standard care? There are a number of reasons why a doctor is guilty of malpractice or accused of malpractice. It all begins with the question: Did the doctor provide care that a reasonably competent and skilled health care provider would also have provided, assuming they’re in the same field and same medical community, with a similar background, and facing a similar set of circumstances.

Physician malpractice is broadly defined as “an act or omission by a doctor which deviates downward from the established standard of care in the medical community, and as a result of that deviation, the patient is unnecessarily harmed.” What this means is a doctor is held to a certain standard based on commonly accepted best practices when faced with a certain situation. There is a standard of care in the medical community. If the doctor takes an action that is different from this standard and a patient is harmed, this could be malpractice.

Is it malpractice to receive a c-section without your consent?

You requested no c-section, yet one was performed. Could you have signed a consent form for the c-section? Was the c-section performed during complications of labor? If it was an optional procedure and not necessary for the survival of the mother or child, were you informed before the c-section was performed?

The ultimate question is, would another experienced doctor also perform a c-section given the same set of circumstances?

In malpractice cases, the court relies heavily on expert testimony to get to the bottom of that question and determined what happened and why, and if it met the standard of care for that situation. There is also the question of harm. Were you harmed by the decision? Would your outcome have been better had the c-section not been performed? These are complicated questions that demand answers.

If you want to explore your personal situation further, we’re available to talk. Your consultation is free and we’ll answer your questions and help you understand your options. Reach us 24/7 by phone, email, or chat.

There are many sources of legal information available online. The articles and information on our blog and website do not constitute legal advice. We adhere to all confidentiality requirements, but until we have accepted your case, no attorney-client privilege is established. The choice of selecting an attorney is an important personal decision that should be carefully considered. If you need legal advice, please contact an attorney directly. If you would like to find out more about having Getz & Braverman represent you or provide legal advice, contact us on this website or call us at 718-618-5567.