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Hi Sonia,
I agree with Cas, I think that the doctors really do need a wake up
call based on the fact that if they have an 'accident' during a c/s they
seem to say well - there was a risk. But, they feel that is not good
enough if there is a probem with a vaginal birth - as they probably feel
that they have less control of a vaginal birth than they do of a c/s
delivery. (Big difference!)
You can also say that your c/s may not have been needed as baby had 2
weeks to turn or more before there was any real danger and may have done
so on his own. If you had been told that the baby was only 9lb and
11 lb's what would you have done?
I have also (as a body piercer) just been through the receiving
end of a court case. We didn't do the piercing at all - very
complicated (fraud) etc,... However, I did learn a lot about
the legal system and civil cases.
The cost of a court case (civil) would be about the $20,000 - I know
it is a lot but I think a good lawer would do it on a no win no fee
or some other basis for you.
You may be looking at getting between $100,000 to $1 million.
Now, as far as winning a court case - well, in a civil
matter you don't actually need proof - all you need to do is to make
it likely - 51% your way that you may not have had these problems had you
not been convinced that a c/s was the best option. You would need to
explain that the risk of this happening was never told to you
prior to it - did they 'scare monger' you and say - a lot of women get PND
after a c/s or there is a risk of cutting the baby or there is a risk
of damage to your uterus that may result in it not being advisable to
have any more children. By law they have to tell you of all the
risks prior to performing any procedure. You don't have to prove
thay didn't you just need to make the judge believe that they didn't.
(something to think about for everyone).
If it seems likely to the judge that you were not told of those
risks and that you agreed to the c/s without full knowledge of these risks
then the dr's were negligent.
You don't need complete and total proof like you would in a
murder trial - all you need to do is to convince the judge that harm
was done to you and it is likely to be the result of the dr's actions and
is likely to be a result of some negligence in his ability.
Ie: He should have known how to stemt he bleeding and not
cut your baby!
He should have given you the option of natural ways to make the baby
turn.
He should have not cut that artery in the first place.
If you can get any evidence to prove that what happened could have
been avoided and was not the only course of treatment available to you
then you have a very good chance of winning.
As Cas said - he has insurance for these things. That is why he
pays it.
It is entirely up to you but I know that having
enough money to be able to access private midwives and to have
full choice about your future care is very important if you want more
children - I would think that it would be safer to have a VBAC, if
you have delivered before is a big advantage. A first vaginal
delivery after a c/s is probably likely to be higher risk as it may be a
longer labour - anyone know if the studies done were on women who had
previous vaginal deliveries or if they were VBAC and first vaginal
delivery. I think that fact would be relevant?
And were ruptures on women who had multiple vaginal deliveries and
one c/s or what? I think that the Doctors probably have very few
real statistics to use to 'scar monger' you with and I would be asking for
them to produce the studies to back them etc. Ask for
an evidence based assesment!
Good Luck
Rhonda
-------Original Message-------
Date: Wednesday,
October 22, 2003 21:38:40
Subject: RE:
[ozmidwifery] A few questions.
Hi Sonia,
I only just now read your birth story...
This has been a tough week for
me birthwise because I've just seen the
devastation on my neice's face
after her "coerced" c-section but
somehow I've just got to press on.
What happened to you is
horrible and I can understand that the doctors
would be scare-mongering
more than usual but if I were you I'd take the
time to look at the
research thoroughly then talk over your situation
with both midwives
(homebirth midwives would be good) and medical
professionals. You might
want to have a word with Ted Weaver at Salangor
in Nambour, Qld. Lynne,
who's on this list works there and they take a
lot of women who have
had previous c-sections and not just one.
Make sure you give your
body time to adequately heal, that way if you
change your mind about
VBAC (yes you can VBAC with a classical scar but
the risks are slightly
higher) you will be giving yourself the best
chance at success
(regardless of how you birth, you'll still need time
to
heal).
On another note, and I don't want to seem callous cause I
know you don't
feel like suing your doctor now but you may change your
mind later on.
It was his fault (even if accidental) and he has
insurance to help pay
for things like that, insurance money which could
help you if you have
to find a specialist in another State to have your
next baby. Just don't
rule it out is all I'm saying.
One of the
main reasons why so many doctors prefer c-sections is because
they
don't get sued but sometimes I think they need to be. They need
a
wakeup call to tell them we've had enough of them saying c-sections
are
safer than vaginal births, of cutting up women unnecessarily,
of
stuffing up births... Sorry Sonia, I'm just so emotional about all
this
today... Not meaning to imply any of the above should be directed
at
you. I've had 2 c-sections myself and I know how hard it is to
make
decisions about intervention.
Thank you for sharing your
story....
Cheers,
Cas.
Cas McCullough
[EMAIL PROTECTED]
www.casmccullough.com
-----Original
Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED]]
On Behalf Of *G and S*
Sent: Wednesday, 22 October 2003 12:40 PM
To:
[EMAIL PROTECTED]
Subject:
[ozmidwifery] A few questions.
Hello all,
I guess that most
of you will now be aquainted with my
story so I was hoping that you
could answer a couple of questions.
I have had two obstetricians
tell me that I should not/must not have
anymore babes.
When
I sought the second opinion ( which was just a few weeks ago) I
was
told by the ob. that where the scars on my uterus meet ie at
the
junction of the 'T', there is increased weakness and therein lies
a
greater chance of UR in late pregnancy and/or labour.
He said
that even if I made it safely to 36 weeks and had an elective
c.section
there would still be the possibility of that whopping, big
venous sinus
being in the way again. He suggested that history could
repeat
itself.
He went on to say that if I were to get pregnant again he
would
'ideally' like me to move to my closest capital city and live
within 5
minutes of a major hospital. He said, " Sonia, why would you
want to do
that to yourself? Is another pregnancy worth the risk?" I
was so blown
away by the terror he was implanting that any research
that I had done
regarding UR went sailing straight out of my
head.
I know that I will never be able to VBAC.
I just can't
accept that having another babe is not an option anymore
and that I'm
not even a candidate for an elective c.section.
So, my questions
are :
1. While disregarding the dramatics, do you think that the
advice given
was sound or was it the mere product of an ob. covering
himself?
2. If the later applies, does anyone know of an ob. or
specialist
surgeon that is a little braver and would be willing to give
me an
opinion which is not based on the number of children that I
already have
and not one of fear?
I will travel interstate if I
have to.
I'd appreciate any advice.
With love and many
thanks,
Sonia.
(SAS)
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