or Connect
Mothering › Groups › October 2013 Due Date Club › Discussions › Suing the obstetrician

Suing the obstetrician

post #1 of 9
Thread Starter 

Do i have a lawsuit? Is it even worth it? I am so irate over how I was treated.


This is what happened, briefly. 


Had a hospital transfer for exhaustion and an anterior cervical lip. Got fentanyl, was able to push head through cervix. Spent 3 hours pushing in hospital. OB was a b*tch and just stayed out of the room until it was time to deliver. She came in about half an hour before baby was born to sit between my legs. Insisted I stay lying down in lithotomy position when I was perfectly capable of sitting up/squatting/whatever. I asked for a) perineal support, b) to deliver the head first, SLOWLY, then the body, c) to allow the placenta to come out with contractions in its own time, d) to wait for the cord to stop pulsing before it was cut.


This is what happened. OB grabbed baby's head as soon as it was grabbable and yanked baby out- causing horrible 2nd degree tears which required layers and layers of stitching through muscle WITHOUT anesthesia of any kind. I noticed she was pulling on my cord and I explicitly said STOP I want to push it out myself, she said there's a bleed ( OF COURSE THERE IS A BLEED IF YOU PULL ON THE CORD!) and proceeded to put her entire hand inside me and remove my placenta manually, and the cord was cut. The placenta was ruined and ragged and torn and there was no way to examine it to see if she got all of it. She didn't even check it, or on me the next morning or later that day to see how I was. She left within 15 minutes of baby being born- which makes me doubt she even sewed me up correctly. 


3 days postpartum I get an hour of afterpains at night, that are exactly like labor, with no pauses in between. I passed two gray chunks of placenta in the morning. 7 days postpartum I get an hour and a half of transition like contractions, no pauses in between, and bleed heavily with smaller clots/placenta pieces. I started to get feverish/flu like symptoms in between these two episodes, which makes me think there was retained placenta due to her negligence. This along with the second degree tear caused by her ignoring my requests for delivery, caused unecessary pain and suffering, i couldn't even get out of bed without help for the first 5 days, or take care of my daughter - my husband had to do everything, even positioning her to latch to my boob because my body was so wrecked. 


so i'm seriously thinking about suing this lady. I have EVERYTHING on film, with really good audio to prove she did manual extraction with no medical cause and against my consent. She should not be delivering babies. 

post #2 of 9
So sorry about all that and with 1st baby too. Almost sounds like she didn't take you seriously because it was your first.
As far as lawsuits go, I will leave that for someone else to answer.
post #3 of 9
Yeah, no clue about the lawsuit. First thing to do is probably look at the papers you signed on admittance. For me, I would hate the ordeals of a lawsuit and would just want to put it behind me and move on. But you will have to make that call. Is it worth your emotional time and energy? The financial costs? What if you lose aftert eh time and money, how will that be? Lots of things to think about that only you and your husband can decide.

I will say that some of the discomfort you describe doesn't sound like the result of bad dr but first baby. I felt like I had been beat with a baseball bat "down there" for a good while after having my first. And it did take a while to get out of bed alone, simply because I really did hurt and my sense of gravity was way off with no belly.

Yours seems a bit more intense, but in reality, that first baby usually does a number on your body. It heals, but it's hard. Second baby is usually a million times better.

The other thing I will mention is that the amount of time your doctor spent with you sounds normal. The nurses are the ones who provide most of the care in the hospital, including support during pushing. It is fairly common for them to just have the doctor come in for the delivery and stitches and then leave. Now it does sound like this lady needs a but more gentle bedside manner, but the time spent with you sounds normal.
post #4 of 9
One thing I know is you should NEVER pull on the cord. That happened to my mom when a standby Dr was delivering and trying to hurry the placenta out by pulling the cord. The regular Dr came in and was furious with the standby. I think the standby had pulled so hard he actually ripped the cord.

As for insisting you stay laying down, that is something I believe women should fight to change. Many problems arise due to this position.

PS I had a small cervical lip with all three of my kids. I had to wait extra time before I start pushing to make sure it's out of the way.
post #5 of 9
Did his actions cause damage to you or the baby that otherwise wouldn't have happened? Will this affect your earnings, has it cost you money?
post #6 of 9
Thread Starter 

damage to me- retained placenta and 3 days of horrible afterpain contractions-midwife almost gave me a shot of methergine to expel it but luckily my body did it on its own. as for work it will probably take an extra month for me to return to teaching- I was planning on going back to teaching a couple classes at the end of december but now midwife says healing time will be 8-12 weeks for the extent of damage to my pelvic floor to fully return to demonstrate/practice/teach yoga without damaging myself further- so i'd say there's a definite loss of income there.


damage to baby- cut the cord and destroyed her placenta depriving her of all the iron that she should have had not to mention all the psychic/spiritual aspects of that that the doctor did not honor or respect. 

post #7 of 9
Well you'll have to prove all that.
Sounds simple and we all believe the dr did it but they will say women regularly suffer pelvic floor damage in child birth. The dr will say she had a reason. Is your MW willing to testify? Have you had the peliv floor damage documented? By outside impartial specialists (not your mw) call a lawyer but I'd say your chances of winning are slim to none
post #8 of 9
Hey yoginimomma how are you feeling? Did you end up consulting with a lawyer?
post #9 of 9

Hey yoginimomma! Your other thread about wanting your husband to have sex with other women made me think of this thread and I was just wondering how you were doing. Did you guys end up deciding to sue or not? Hope things are going well! Love seeing that sweet babe on instagram.

  Return Home
  Back to Forum: October 2013 Due Date Club
Mothering › Groups › October 2013 Due Date Club › Discussions › Suing the obstetrician