Posted: August 6, 2014
Hospital malpractice lawyers recently filed a lawsuit against Staten Island University Hospital and Dr. Leonid Gorelik on behalf of Rinat Dray, a 35-year-old mother from Brooklyn who suffered a terrifying C-section against her will.
Mrs. Dray had already given birth via cesarean section twice and had been reassured prior to her nightmarish stay at the hospital that she could safely deliver vaginally. This is known as VBAC, or vaginal birth after cesarean, and it’s considered by obstetric experts to be safe under most circumstances for mother and child. However, when she went into labor, Mrs. Dray was informed that she would have to have a C-section, despite her wishes to the contrary.
Mother’s rights repeatedly violated, says lawsuit
The lawsuit alleges that despite repeated protests, Mrs. Dray was taken to an operating room, where she endured a forced C-section. According to the complaint, her bladder was perforated during the surgery. Additionally, the hospital allegedly failed to inform the mother of her legal rights or provide her with a patient advocate. Instead, her hospital malpractice lawyers claim that she was threatened repeatedly during the labor and birth of her third son, an occasion that should have been cause for celebration.
The Brooklyn mother alleges that Dr. Gorelik immediately began coercing her to have a C-section upon presenting at the hospital. He reportedly told her that failing to do so could be construed as child abuse and that the authorities could take her baby away from her. Dr. Gorelik was apparently not alone in the coercion of the terrified young mother. According to the lawsuit, the hospital director, Dr. James J. Ducey wrote notes regarding the incident that read, “The woman has decisional capacity. I have decided to override her refusal to have a C-section. Her physician, Dr. Gorelik, and hospital attorney, Mr. Fried, are in agreement.”
Doctor blames mother for his actions
In court papers, Dr. Gorelik denies that he was responsible for the incident. He claims that he never forced Mrs. Dray to endure a C-section against her will and that the mother’s own “culpable conduct and want of care” caused her injuries.
This alarming example of medical malpractice in the New York area highlights a growing concern that affects mothers globally. The debate involves whether mothers have the right to control their own bodies, even while pregnant. Dr. Howard Minkoff, chairman of obstetrics at Maimonides Medical Center, has published numerous articles on the subject of patient autonomy. He has asserted that each patient – even an expectant mother – has the right to refuse treatment at any time.
Filing a NJ medical malpractice lawsuit
This tragic story of medical malpractice is, unfortunately, just one example of what can go wrong for patients who entrust their health and well-being to negligent physicians. If you or a loved one suffered injuries as a result of the negligence of a doctor or hospital, you have the right to hold them liable for your injuries by filing a medical malpractice lawsuit.
You can explore your legal rights and options with the NY & NJ personal injury lawyers of Eisbrouch & Marsh. Our attorneys are proud to serve residents throughout New Jersey and New York with aggressive legal representation. With our unique insight into the complexities of medical malpractice cases, we can help you obtain maximum compensation for your medical expenses, lost wages, and pain and suffering. Schedule a free case review today by calling 201-342-5545.
Resources
- New York Post, Women sues hospital for forced C-section delivery, http://nypost.com/2014/05/17/women-sues-hospital-for-forced-c-section-delivery/
- New York Times, Mother Accuses Doctors of Forcing a C-Section and Files Suit, http://www.nytimes.com/2014/05/17/nyregion/mother-accuses-doctors-of-forcing-a-c-section-and-files-suit.html?_r=0
