Mother Files Medical Malpractice Lawsuit For Forced C-Section

A Brooklyn mother is suing a New York hospital for performing a C-section in July 2011 to deliver her son without her consent. After delivering her eldest two sons by C-section, Rinat Dray wanted to give birth to her third son naturally.

However, she claims her doctor began pressuring her to have a C-section as soon as she arrived at the hospital in labor.

Dray claims her doctor told her she would be putting her baby in danger and her uterus would rupture if she did not agree to the procedure. In fact, she says he told her she would be committing the equivalent of child abuse and her baby would be taken away from her.

After being admitted to the hospital, the mother spent the next several hours trying unsuccessfully to deliver her baby, while arguing with doctors. She was then taken to an operating room, where the doctor performed a C-section to deliver her child.

Doctor performs C-section without mother’s consent

Prior to beginning the procedure, Dray’s doctor consulted the hospital’s lawyer, who also agreed the surgery should be performed against her will. Her doctor fully acknowledges he went against her wishes, going as far as writing and signing a note stating, “I have decided to override her refusal to have a C-section.”

Dray has filed a malpractice lawsuit against her doctors and the hospital, accusing them of “improperly substituting their judgment for that of the mother” and of trying to persuade her by “pressuring and threatening” her during the birth of her third child.

In fact, performing the procedure against her will isn’t the only alleged wrong committed by her doctors that day ─ they also cut her bladder during the C-section.

Dray’s case brings a couple of broader issues to light. The first being the growing number of C-sections being performed in hospitals across the country and the rights a pregnant woman has to her own body, despite the harm her decision may cause to her unborn baby.

According to the Centers for Disease Control and Prevention, nearly 33 percent of all births were by C-section in 2012. Conversely, the World Health Organization recommends this number should not be higher than 10 to 15 percent.

Surgical births are not recommended as a first-choice birth method, as are more likely to cause issues for both the mother and child than natural birth.

New York hospital malpractice lawyers

If you were injured during the delivery of your child and you suspect negligence occurred, it’s important to know your rights. Medical malpractice victims in NYC are being compensated for their pain and suffering, so it is essential to consult an experienced lawyer to seek advice on your case.

Our knowledgeable New York hospital malpractice lawyers have more than four decades of combined experience working with clients in Brooklyn, the Bronx, Manhattan, Staten Island, Queens and Long Island to ensure justice is served on their cases.

To learn more about filing a NY medical malpractice lawsuit, contact The Sanders Firm today for a free evaluation of your case. Call 1-800-FAIR-PLAY (1-800-324-7752). Resources

  1. The New York Times, Mother Accuses Doctors of Forcing a C-Section and Files Suit
  2. New York Post, Women Sues Hospital for Forced C-Section