A New York mother-of-three has decided she’s not going to take her doctor’s decision to perform an unwanted Cesarean section on her lying down. Instead, she’s going to sue for malpractice, in what could be a landmark case.

According to the The New York Times, Rinat Dray said the doctors at Staten Island University Hospital in July, 2011, threatened her to have a C-section and did not take her wishes into account — she previously had two cesarean sections and wanted to deliver naturally. The mother stated that she was unrelentingly pressured after arriving at the hospital already in labor.

Rinat claims that hospital staff told her she’d be committing “child abuse” by not having the surgery, and that her baby might even be taken away from her. Rinat argued with the staff as she tried to deliver vaginally for hours until the doctor ultimately decided to perform the C-section against her will, delivering her third son, Yosef.

Medical records indicate that Dr. James J. Ducey, director of maternal and fetal medicine for the hospital, said he consulted with the hospital’s attorney, and stood by the decision to perform the C-section against Rinat’s wishes. There was also a handwritten note in her record stating that he feared the baby was “in serious harm.”

According to the Centers for Disease Control and Prevention, almost 33% of births were performed via C-section in 2012, and that number has been steadily climbing since 1996.

Some causes of the increase are thought to be doctors fears of malpractice for things that occur during natural delivery, an increased desire for mothers to schedule their child’s births, and an overall increase in high-risk pregnancies.

As for Rinat, she also alleges that her bladder was cut during her procedure. She is suing both the delivering doctor and the hospital.

Do you think Rinat is right in suing her delivering doctor and hospital? Tell us your thoughts in the comments below!

SourceThe New York Times