Can You Sue for an Unnecessary C-Section?

Medical professionals have a duty to treat their patients’ conditions appropriately using approved methods and to account for changes in a patient’s condition during treatment. Childbirth is a complex procedure with many risks. When certain conditions make vaginal birth impossible, such as the position of the infant, the mother’s anatomy, or other physiological factors, a doctor may make the decision to perform a cesarean section procedure to save the life of the baby, the mother, or both.

If a patient doesn’t expressly request a C-section or tells her doctor that she does not want one, the doctor must have a medically sound reason for moving to surgery. Typically, this means either the baby’s or mother’s life is at risk and that a speedy surgical birth is medically necessary. Unfortunately, some doctors are hasty to recommend C-sections or do so to charge patients more for complicated surgical procedures.

C-sections are generally more expensive than traditional childbirth procedures and they have the potential to cause long-term medical issues for some mothers. Doctors must only perform C-sections when patients explicitly request them or in emergencies.

A medical professional commits medical malpractice whenever he or she fails to meet an acceptable standard of care for a given patient’s condition. A doctor must use a thorough diagnostic process to assess a patient’s condition, treat his or her symptoms appropriately, and determine recovery concerns and possible long-term complications.

While medicine is an inherently uncertain field and honest, understandable mistakes can and do happen, medical malpractice occurs when medical professionals perform medical procedures incompetently, fail to inform patients of the risks of a suggested treatment, or commit fraud for financial gain.

When an expecting mother requests a planned C-section, the doctor must secure the patient’s informed consent to the procedure. This means the doctor must carefully explain the potential risks, side effects, and possible long-term complications that could arise from the procedure. The doctor must also consider the patient’s individual health and explain why the procedure is or is not a good choice for her.

If a doctor recommends a C-section that the mother did not specifically request, he or she must explain the reasoning behind this suggestion with medically sound facts. If a doctor fails to disclose known risks or other important aspects of a C-section to a patient, then the patient cannot provide informed consent.

If a doctor simply moves to a C-section to charge a patient more and commits any type of fraud or omits vital information for the patient, the doctor may face criminal charges in addition to civil liability for the patient’s damages. Doctors who commit fraud for financial gain typically lose their license to practice medicine.

The determining factors in whether a patient has grounds for a medical malpractice lawsuit are the resulting damages and the doctor’s violation of the standard of care. If the patient suffered no tangible loss or incurred no financial issues from the doctor’s actions, then there are no grounds for a claim. However, C-sections entail surgical recovery, prescription pain management, and generally more extensive recovery than traditional childbirth. It is highly unlikely for an unnecessary C-section to come at no cost to the patient.

If a doctor did not secure informed consent or otherwise committed medical malpractice, the patient could sue for her longer recovery time, the physical pain from recovering from surgery. If the procedure resulted in any medical problems or long-term damage, the patient would also have grounds to claim compensation for the damages related to treating these issues and the pain and suffering endured for their duration. Anyone who has suffered a medical problem resulting from a C-section or believes a doctor misinformed her of the risks of a C-section should contact an experienced medical malpractice attorney as soon as possible.

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