View Full Version : At last, a woman who sued for an unnecessary c/sec!
from: http://www.childbirthsolutions.com/articles/birth/cesarean/cesarean_lawsuit.php (http://www.childbirthsolutions.com/articles/birth/cesarean/cesarean_lawsuit.php)
A Plaintiff's Verdict: Meador v. Stahler and Gheridian
The $1.5 million award to a Massachusetts woman and her family in Meador v. Stahler and Gheridian made news as a rare instance of a malpractice judgment based on an allegedly unwanted and unnecessary cesarean section rather than a failure to perform such an operation.
The plaintiff, Mary Meador, did not claim that the procedure was negligently performed or that the rare and disabling physical complications that resulted from it (which left her largely bedridden and unable to work or meet her family responsibilities for several years) were foreseeable. Instead, she claimed that the defendant obstetricians had misrepresented the risks of the alternative procedure (vaginal birth after prior cesarean) and ignored her persistent pleas for this alternative. Moreover, she alleged, they compelled her passive assent to the surgery in an emotionally coercive manner while she was progressing normally in labor, despite their having previously agreed to such a trial of labor.
Because the consequences of the cesarean were unforeseeable, and because Meador had signed a consent form for the surgery (to be used in case of emergency), this case did not meet the technical requirements specified under Massachusetts law for an action based on informed consent. Instead, the case was brought on the theory that the physicians' failure to obtain the patient's informed consent constituted substandard, negligent medical care. The forensic psychiatrist's expert testimony emphasized that the pro forma signing of a consent form did not constitute true informed consent, especially in light of the physicians' alleged disregard of the patient's expressed wishes and their inaccurate representation of the risks and benefits of the approach she preferred.
The psychiatrist also explained to the jury how Meador's life history left her vulnerable to experiencing the denial of informed consent as a highly traumatic event. Having coped since childhood with serious illnesses in her family, Meador had viewed doctors and nurses as nurturing figures who helped her gain control of potentially tragic situations. She had learned that choice was still possible even amidst illness and death. She had even been inspired to become a nurse herself and to teach this discipline to others. Thus, when she experienced a sudden loss of choice and control during childbirth, she reacted with intense fear and horror and felt she had been betrayed by health professionals, whom she now feared and mistrusted. In this way she lost her accustomed strategy for coping with life. Moreover, having helped hold her original family together in the face of tragic illness, Meador saw the family she had created torn apart by her sudden and devastating loss of control in a medical situation. The jury's recognition of the importance of the emotional facts of the case was highlighted by its awarding almost one-third of the total damages for loss of consortium.
Thus, it was not simply the physically disabling consequences of the surgery, but the loss of personal decision-making power concerning her body, her health, and the birth of her child, that caused Meador to suffer from Post-Traumatic Stress Disorder. Similarly, her husband's experience of loss of consortium was exacerbated by the physicians' failure to consult him to interpret his wife's wishes during labor. Instead of having participated in a true informed-consent process, he was left to feel powerless and helpless. In this way, forensic psychiatric testimony established a persuasive causal link between the lack of informed consent and the physical and emotional damages suffered by the patient and her family.
Source: http://www.forensic-psych.com/ (http://www.forensic-psych.com/)
:smiliedance: woohoo!
this has made my day (or should I say, made my early-hours-of-the-morning :D )
Shanaynay
26-04-2007, 05:38
Fantastic :thumbsup:
People are always saying that Obs are so ready to slice women up because they are afraid of getting sued if they don't.... :ecomcity:
Now maybe they'll think twice ;)
Wow! What a landmark! A glimmer of hope, I wonder if many more will follow?
~Emmylou~
26-04-2007, 09:48
It's about time. :yes:
I honestly believe the only way we'll start seeing any changes here is if women start doing this.
Bring it on. :yelclap:
stellarella
26-04-2007, 09:51
Woohoo....:smiliedance:
It appears a fear of litigation is the reason so many OBs 'slice and dice'....now lets swing back the other way...fear of litigation for being a hasty 'slicer and dicer'!!
This will make them think twice. Perhaps make them reconsider some of their birth practices, force them to actually learn about NATURAL, NORMAL childbirth.
mummyof5
26-04-2007, 10:06
It appears a fear of litigation is the reason so many OBs 'slice and dice'....now lets swing back the other way...fear of litigation for being a hasty 'slicer and dicer'!!
This will make them think twice. Perhaps make them reconsider some of their birth practices, force them to actually learn about NATURAL, NORMAL childbirth.
What she said!!:yes:
I don't know. All I foresee happening is OB fees skyrocketing to cover litigation insurance, private care being the norm and the poor people, those unable to afford such care, being overlooked or being forced into midwifery care when they wanted an OB.
babyella
26-04-2007, 12:16
this worries me a bit saying ob's are 'ready to slice and dice to avoid being sued' to be honest i don't want a reason to sue, if me giving birth naturally is such a risk that my OB fears i might sue so he take a safer path to 'protect me and my baby' or 'protect himself from being sued' that seems like a good doctor to me....i don't want risks taken with the life of my unborn.
i felt as though i was pressured into my 1st c/s but it's always the mothers choice in the end, you don't have to be in hospital getting advice at all if you don't want to if so many women believe they know better than these OB's why don't they birth at home where they are in controll or at a birthing centre??
i don't want to ruffle anyone's feathers...i HATE the fact that i can only have C/S and will never birth naturally but like my OB said to me when i went back to him with my second preg. 'you can look for another OB who will let you birth the way you want but understand the risks'
so i don't know how good yet another law suit against a doctor is
i think if you don't want medical advice or medical intervention during your labour don't go to a hospital choose another way it's your choice after all
just my opinion
jess
GraceUnhearing
26-04-2007, 12:53
Woohoo....:smiliedance:
It appears a fear of litigation is the reason so many OBs 'slice and dice'....now lets swing back the other way...fear of litigation for being a hasty 'slicer and dicer'!!
This will make them think twice. Perhaps make them reconsider some of their birth practices, force them to actually learn about NATURAL, NORMAL childbirth.
i agree with what you said!
i think there needs to be more info available to woman or natural birth who are thinking of getting a c/s over the natural way its supposed to be done!
borntobemummy
26-04-2007, 13:01
I don't know. All I foresee happening is OB fees skyrocketing to cover litigation insurance, private care being the norm and the poor people, those unable to afford such care, being overlooked or being forced into midwifery care when they wanted an OB.
but that is why they are doing so many c/s in the first place, to avoid lawsuits from people whose babies have died or been injured for failure to do the surgury. I think this swing is a positive step in correcting the unbalanced fear that so many obs have causing them to do a c/s 'if in doubt'.
I have grounds for a lawsuit too, and would really love to do it for that very reason of swinging back the balance. I did not give informed consent, they coerced me. However, we don't believe in suing people, so it is up to people like this lady to do it and hopefully make a big difference in this corrupt area:yelclap:
This will make them think twice. Perhaps make them reconsider some of their birth practices, force them to actually learn about NATURAL, NORMAL childbirth.
It will make them think twice and do what so many Obs have already done (due to insurance costs) - stop practising and go back to being purely a Gyn. Which i guess is great for those who don't want or need an Ob...
I don't know. All I foresee happening is OB fees skyrocketing to cover litigation insurance, private care being the norm and the poor people, those unable to afford such care, being overlooked or being forced into midwifery care when they wanted an OB.
Completely agree - Obs will be the new Pony club
I don't know. All I foresee happening is OB fees skyrocketing to cover litigation insurance, private care being the norm and the poor people, those unable to afford such care, being overlooked or being forced into midwifery care when they wanted an OB.
Public midwifery care is invaluable! And it cost nothing!
Ana Gram
27-04-2007, 11:37
Public midwifery care is invaluable! And it cost nothing!
But not all women want midwife care. It is awful to force a women into a birth or into care or anything else to do with birth that she doesn't want.
Public midwifery care is invaluable! And it cost nothing!
For you it was obviously the right thing - it made you comfortable and secure in your birth.
I too think that public midwifery care is a wonderful thing. But me, I wanted an OB. My labour progressed better as soon as I knew he was on his way. My birth progressed better when he came in the room.
But not all women want midwife care. It is awful to force a women into a birth or into care or anything else to do with birth that she doesn't want.
For you it was obviously the right thing - it made you comfortable and secure in your birth.
I too think that public midwifery care is a wonderful thing. But me, I wanted an OB. My labour progressed better as soon as I knew he was on his way. My birth progressed better when he came in the room.
____________ :confused:
What are you confused about?
(That sounds really harsh but it wasn't meant to be! I honestly don't understand why you are expressing confusion)
Ana Gram
27-04-2007, 14:15
What are you confused about?
(That sounds really harsh but it wasn't meant to be! I honestly don't understand why you are expressing confusion)
Neither do I
Duchessa
27-04-2007, 14:23
Nobody is forcing any body to do any thing here.
What this is about is a woman gaining the compensation she deserved for being coerced into surgery that she didn't want and that left her psychologically and physically damaged. And I say :yelclap::yelclap::yelclap::yelclap: About bleeding time a woman won this battle.
maybe at this very case it was ok, to give compensation, and true, there are a couple of doc out there LOVING their knives-
BUT
if we sue now when we get an (later looked as unnec.) and we sue and then we also sue if donīt get one...well...i bet you there are a lot of docs out there reconsidering their choice of occupation...
and that would be a shame...
donīt get me wrong i do not BELIEVE in cs (i had 3 myself and donīt agree with 2 of them- as they are results of ..smkfhiuewizrz iu---uuhhmmm)
but if we now start going to court about a cs or not not cs, then, i believe it is not right!
afterall- and i know it has been said a trillion times- we have to be grateful for a healthy child- and yes - i do know the pain you get inside and you will always carry with you about being cut open just like that...but i look at my kids and i am happy (i donīt forget, nor do i forgive though...)
What are you confused about?
Neither do I
Sorry guys, I was meant to say I chose Midwifery care because it (our public health system) is invaluable, not coz I'm poor Beany :laughing:
It's a sad day indeed when Dr's are punishing their patients for the fear of litigation and like wise by making themselves inaccessible to people by raising their rates to cover the patient/clients fear of the doctors fear of litigation IYKWIM
It's a sad day indeed when Dr's are punishing their patients for the fear of litigation and like wise by making themselves inaccessible to people by raising their rates to cover the patient/clients fear of the doctors fear of litigation IYKWIM
There is more chance of being sued - so naturally insurance premiums go up - how is that the Dr punishing his patients? I would think it has more to do with insurance companies and your business staying afloat. Do you know how much they have to pay each year?
I don't know. All I foresee happening is OB fees skyrocketing to cover litigation insurance, private care being the norm and the poor people, those unable to afford such care, being overlooked or being forced into midwifery care when they wanted an OB.
this is already the situation with homebirths....if you want to choose an IMW, you have to pay (I paid $2500). If you want it bad enough, where there is a will, there is a way.
If women want an OB for a normal preg with as much desire as I wanted an IMW, then why should it be any different?
stellarella
27-04-2007, 16:14
I think its a matter of finding a balance...
...at the moment women are paying on the operating table because their OB fears litigation if something goes wrong in a VB, the OB would rather do a c/sec because it looks as though he/she has taken action and therefore he/she can be covered..oh and you sign a consent form, hand responsibilty over to the woman...WOMEN are paying with their bellies being cut open and their babies pulled out....
...people are suggesting that if women start filing lawsuits for unwanted and unnecessary c/secs then OBs fees will go up (in line with their insurance premiums)...or OBs wont want to practice anymore...and women who want an OB wont be able to afford it unless they pay a lot more to cover the OBs insurance costs....
I would prefer women to pay more money ($$$) for an OB than a woman paying with her belly and her child....but thats just me.....
OR...the other option is OMG...OBs actually start learning about natural childbirth...supporting women in natural childbirth...working with the woman during childbirth...
Personally I cant see that happening....thank god there are midwives out there to be with me during my childrens births...
I think its a matter of finding a balance...
...at the moment women are paying on the operating table because their OB fears litigation...they are paying with their bellies being cut open and their babies pulled out....
...people are suggesting that if women start filing lawsuits for unwanted and unnecessary c/secs then OBs fees will go up (in line with their insurance premiums)...and women who want an OB wont be able to pay....
I would prefer women to pay more money ($$$) for an OB than a woman paying with her belly and her child....
Thats just me.....
good point :)
I would prefer women to pay more money ($$$) for an OB than a woman paying with her belly and her child....but thats just me.....
I would actually worry about the number of obs - especially in regional areas. It wouldn't be a matter of paying more money, but finding a Dr.
I think its a matter of finding a balance...
...at the moment women are paying on the operating table because their OB fears litigation if something goes wrong in a VB, the OB would rather do a c/sec because it looks as though he/she has taken action and therefore he/she can be covered..oh and you sign a consent form, hand responsibilty over to the woman...WOMEN are paying with their bellies being cut open and their babies pulled out....
...people are suggesting that if women start filing lawsuits for unwanted and unnecessary c/secs then OBs fees will go up (in line with their insurance premiums)...or OBs wont want to practice anymore...and women who want an OB wont be able to afford it unless they pay a lot more to cover the OBs insurance costs....
I would prefer women to pay more money ($$$) for an OB than a woman paying with her belly and her child....but thats just me.....
OR...the other option is OMG...OBs actually start learning about natural childbirth...supporting women in natural childbirth...working with the woman during childbirth...
Personally I cant see that happening....thank god there are midwives out there to be with me during my childrens births...
wow! so well put :yes:
I think its a matter of finding a balance...
...at the moment women are paying on the operating table because their OB fears litigation if something goes wrong in a VB, the OB would rather do a c/sec because it looks as though he/she has taken action and therefore he/she can be covered..oh and you sign a consent form, hand responsibilty over to the woman...WOMEN are paying with their bellies being cut open and their babies pulled out....
...people are suggesting that if women start filing lawsuits for unwanted and unnecessary c/secs then OBs fees will go up (in line with their insurance premiums)...or OBs wont want to practice anymore...and women who want an OB wont be able to afford it unless they pay a lot more to cover the OBs insurance costs....
I would prefer women to pay more money ($$$) for an OB than a woman paying with her belly and her child....but thats just me.....
OR...the other option is OMG...OBs actually start learning about natural childbirth...supporting women in natural childbirth...working with the woman during childbirth...
Personally I cant see that happening....thank god there are midwives out there to be with me during my childrens births...
Not all OB's are ignorant to natural childbirth though. Mine was fantastic and would never have performed a c/s unless it was absolutely necessary. Not all Ob's are about the golf course or cutting us open- there are some out there who truley do have their patients interests at heart.:thumbsup:
Ditto.
My OB didn't even mention the idea of c-section to me. When it became evident that I was carrying a big baby, there was still no mention of anything more intrusive than perennial massage. I went overdue and he didn't suggest induction.
It's professionals like this that I worry about not being able to afford.
While yes, absolutely, that woman who had an unnecessary, unwanted procedure had a right to sue, its implications are not all great.
Shanaynay
27-04-2007, 23:49
While yes, absolutely, that woman who had an unnecessary, unwanted procedure had a right to sue, its implications are not all great.
Do you mean the complications of the csec are not all that great?
(I aplogise in advance if that's not what you meant,I'm not sure if maybe mean the complicaiton of the Ob being sued... anyhoo...)
True, there may not have been any complications immediately after the csec... but what about next pregnancy? Uterine scarring can cause all sorts of problems in subsequent pregnancies.... (some which can result in death of the mother or baby or both), and that's if the woman can even get pregnant again! Uterine scarring can make it difficult for implantation to even occur, because it can't attach onto scarred tissue... the complications of a csec are not always apparent soon after the surgery....
I meant the latter :)
I well understand the implications of major abdominal surgery and anyone forced into such a procedure without need is well within their rights to be compensated. Regardless of complications now, then or ever, no one had the right to cut into her without urgent and pressing medical need.
I just don't think it's appropriate to celebrate the repercussions of the case as it would mean decreasing choices for women.
Shanaynay
28-04-2007, 01:01
I agree totally with what you just wrote :thumbsup:
Don't be stressed.... it took us 5 months... first 2 were easy (first one was a m/c)...but it happened....AND I had a VBAC :D
I'm sure the scarring is preventing you from faling pg, I feel bad for typing that now :o
Shanaynay
28-04-2007, 01:09
Aaaaarrgghghh, it's too late/early..... typos ugh!
:hugs: to little miss A with the most beautiful name in the world ;)
keenansmummy
01-05-2007, 11:15
Maybe getting a little off topic but if week after week you were asking for a vbac and getting a "no" response why not seek a 2nd opinion.
personally I didnt want a csection but mine was an emergency and at the end of the day I didnt care because it meant that my baby was here and safe - my ob was lovely about the whole thing and it was a positive experience even with all the drama
youngones
16-11-2007, 20:43
Bumping this a bit, but I still don't understand the viewpoint that pregnancy and birth is a medical condition, requiring a doctor with specialist training??
If we shouldn't be forcing women into the kind of births that they don't want, perhaps we should be looking at the kind of births that are available in Australia.
I wanted to have a VB as naturally as possible, with as little intervention as necessary and avoiding a CS at all costs, except mine and my baby's life. My choices were as follows:
- 'Book in' with an OB, but given the drought of them in recent years, I was unlikely to get my first, second or even third choice - so it was the luck of the draw as to whether I could get in with someone who was supportive of VB, or with the other end of the spectrum, who's CS rate is nearly 100% (not an exaggeration - he does exist).
- Go public and have a 'team' of MWs and OBs manage my antenatal care, none of whom I would get to meet more than maybe twice, so be in a position to not develop a relationship with someone who was going to put their hands up my fanny and make decisions about my and my baby's wellbeing and safety based on notes written by someone else, then be subjected to the particular persuasion of whomever was on call at the time my baby was ready to be born, or when the hospital decided for her that she was ready.
- Throw my hat into the ring for the 'lottery' that is the only Birth Centre I was able to apply for, given that catchment areas are taken into consideration (ie, if you live outside a certain radius of the hospital, you don't stand a chance) and even if you are within the catchment area (which luckily I was), you are still one of a huge number of women choosing this path and you are still subject to a computerised 'lottery', so you find out if you are lucky enough to 'get in' at around 16 weeks or so, which is of course, far too late to 'book in' with an OB, so you're a bit confounded by it at this stage. Of course, even if you get in, you are still subject to 'hospital policy', which includes not allowing women to go more than 14 days overdue, not allowing more than a 12 hour labour without progression etc.
- Use an Independent Midwife, but given they have no backup from OBs anymore, due to liability and litigation, to follow this path, you must have substantial cash to throw at it, as IMWs are not cheap. It is far more expensive to go this path (at least in Qld) than it is to go with an OB through the private system, as Medicare is happy to ignore the existence of IMWs, but quite happy to throw money at surgeons, so given that I wasn't cashed up, this wasn't an option for me. Besides, my preference would be to birth in a Birth Centre, with the back up of medical help, should it be needed.
- Totally go it alone, with just my DH, my sister who had 3 unassisted VBs and the power of prayer. As I said above, not my choice, though I honestly wish I had the guts to go it this way, but I would hate to risk the life of my child or myself in this day and age.
So if we want to wail and chant on about how it is a woman's choice how she births in this supposedly progressive and modern culture and that we shouldn't be unsupportive of women who choose a CS, why is it then, that I am either subject to birthing without medical backup, or birthing in a medical model, with virtually no choice in between, except a lottery??
So when someone can tell me that I have as much choice as my friend who opts for a CS because she doesn't want to inconvenience her DH into taking too much time off work, or because she doesn't want to stretch her bits, or because she just can't be bothered with what sounds like a whole lot of work, then I will stand up and say that women in this country are well supported to have the birth they choose.
Until that happens, I will continue to be offended by people who want to bleat that it should be a woman's choice to have the birth she wants and if you want a VB, then just go and have one (as if it is that simple), when the reality is, that outside the medical model, women don't actually have much choice at all and the more often the medical model is chosen, the less support there is for anything else.
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