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rikkifarkas · Feb 17, 2009, 03:55 PM

Hi,

I recently gave birth in a hospital via c-section. I was administered potocin without my knowledge or consent and I feel my rights were violated. IS there any legal action I can take. I know that hospital have a time out rule that before any procedure/medicine is given to a patient they are required to explain the risks or benefits of that medical intervention. Somehow the drug got in me without my consent even after I spoke with my dr regarding this at a previous office visit that I did not want any intervention because I wanted to minimize my risks of a c-section.

Please let me know thanks

Gernald · Feb 17, 2009, 04:18 PM

Were you or your child in any way injured from the administration of this drug?
When was the drug given; before or after your personal doctor was there?
Furthermore, did you know that they were going to induce or speed up labor?
Why did you need the c-section and was it caused by the drug to your knowledge?

I'm asking all of this because the drug is linked to increased need for c-section, but if the drug was not the cause of the need for the c-section and both you and the baby are healthy then it seems dumb to sue the hospital.
Furthermore, if your doctor wasn't there at the time and no one else but him/her knew about the wish to not have intervention, then it would also seem dumb to sue because you didn't tell the people at the hospital your own wishes, your doctor doesn't have ESP.

If on the other hand you told them NO don't give me anything then you may have a case; though how you wouldn't notice the IV that they put in your arm or the needle is beyond me :-)

If you could tell us the circumstances of the administration it may help a little more, because stuff like this have a very fine line with the law; it depends on so many factors. And I think that the law you are referring to would be in place for something larger like an actual surgery, but I'm not sure about drugs. I'll have to look it up, but it might be that they can just tell you what they want to give you.

Check this out: I have heard of women being given pitocin without their direct consent. How does this happen? - Labor and Birth - Pregnancy Today

ScottGem · Feb 17, 2009, 04:23 PM

Basically any procedure performed by a doctor is done with the medical necessity in mind. Its up to the doctor to make the determination of whether the drug or procedure is necessary.

If your doctor can medically justify administering the drug, then you have no case. If they can't then you have a good case.

Fr_Chuck · Feb 17, 2009, 05:06 PM

And you asked the doctor why you needed it and he told you what.

rikkifarkas · Feb 17, 2009, 05:13 PM

When you deliver a baby in today's society the first thing they do is stick a needle in you and put you on IV fluids. Then the doctor can put in pitocin through this iv. When you are in the midtst of pain and very vulnerable laying on a bed you don't notice if something else is going through your I've line. I also slept a while. So of course I did not know that he already adminitered it to me. By no means would I have consented to the drug my first child resulted in a c-section due to pitocin distress causing the heart rate to go down. This time the heart rate was also going down but I think he did the c-section because he allowed me only 5 hours to labor and then he decided that my body would not progress further. ( he gave me the pitocin just to speed things up for no reason other than its 3:00 in the morning and he is tired.I just found this out today after calling him. I want to know if I have any rights in regard to the fact that I did not want that drug in me due to my previous experience.

ScottGem · Feb 17, 2009, 05:18 PM

Do you have any proof that you informed him you didn't want it? And again, it comes down to whether he felt it was medically necessary and whether a panel of OB/Gyns would agree.

Contact an attorney familiar with malpractice suits to see if you have a case. Unless you can prove that the doctor acted imprudently with willful disregard to your wishes, I don't know if you have a case.

I understand your feelings here. But that's why we have doctors, because their medical knowledge is better than ours and they are supposed to be trained to make these decisions. I'm not saying its right, but if he can show it was a medical necessity, and especially since you don't seem to have been harmed, I can't see you winning.

rikkifarkas · Feb 17, 2009, 05:23 PM

Dear Fr_ chuck

Today I called my dr to please explain to me why he put the drug in me without my consent after I told him of my views before I gave birth. He said that its just regualr standard of care and he always does it and he's sorry he didn't get my consent( he probably just forgot). I told him he robbed my chance of a vaginal birth and I called him only to implore of him not to do this to any other woman and take advantage of them and try to speed up labor because they want things to go quickly. Can you imagine he only gave my body 5 hrs to dilate I was already 5 cm dilated and he didn't want to wait he felt lets just throw pitocin in and put that baby under stress because that is what the drug Does. This happened 9 months ago and I can't get over my feelings of trauma, vulnerablity and being taken advantage of. As a woman I should have some say and rights as to how my birth should go.

twinkiedooter · Feb 17, 2009, 05:53 PM

You can't sue the doctor if you don't have damages. What are your damages as I don't see any.

rikkifarkas · Feb 17, 2009, 06:01 PM

I don't want to sue for money. I want to know who I can report this to so that this does not happen to other woman

ScottGem · Feb 17, 2009, 06:02 PM

Contact the chief of OB/GYN of the hospital.

rikkifarkas · Feb 17, 2009, 06:03 PM

And by the way I do have damages I recently had an ectopic probably caused by adhesions that form after surgery. NOt to mention the mental agony and fertilaty problems that arise when you have scar tissue in your uterus from c-sections

rikkifarkas · Feb 17, 2009, 06:04 PM

Thanks I will do that

this8384 · Feb 19, 2009, 11:00 AM

After reading this thread a few times, I'm confused as to what the question is. This is what I found on the WebMD website:

Triggering contractions. The drug Pitocin can bring on contractions to induce or move your labor along. Pitocin is an artificial form of the hormone oxytocin, which triggers and strengthens contractions. It's delivered through an intravenous (IV) tube in your arm. Your doctor will start with a small dose and will gradually increase it until your contractions are strong and frequent enough for the baby to be born.

Was there a valid reason that labor needed to be sped up? Like Scott pointed out, doctors know a lot more about our body than we do. There may have been complications that you couldn't see but your doctor did.

Also, I'm sorry for your ectopic pregnancy. However, I doubt that it was caused by having 2 c-sections performed. An ectopic pregnancy is when the egg implants itself somewhere other than the uterus; it's typically caused when one of the fallopian tubes is damaged and won't allow the egg to pass to the uterus.

Gernald · Feb 19, 2009, 11:51 AM

Originally Posted by rikkifarkas

and by the way i do have damages i recently had an ectopic probably caused by adhesions that form after surgery. NOt to mention the mental agony and fertilaty problems that arise when you have scar tissue in your uterus from c-sections

I have to ask... how long ago was it that you had the c-section and the baby? If its been to long you can't sue. Second, do you have any idea how many babies are born via c-section in this day in age... not that big of a deal, the health risks are way lower than they were 10years ago. However, if you had your first child with a c section then you have increased chances of needing another c-section for further children... which could be why your doctor was worried and hurried it up for you.
If you think that you had an etopic pregnancy because of the scar tissue, maybe you should see a doctor instead of assuming that that's what it is. If there is something wrong it could propably be fixed.

Just go see another doctor besides your own and get a second opinion.

rikkifarkas · Feb 19, 2009, 11:55 AM

DEAR THIS 8384,

ORIGINAL QUESTION was my patients rights of informed consent were violated when the dr gave me pitocin without my consent after I discussed with him the risks of pitocin.
After my previous c-section experience with the use of this drug I fully had the right of patient autonomy to consent or refuse to this method of speeding up delivery. I spoke with my dR afterwards to question why he used pitocin and he said its just his standard of care.
Under EMTALA ( emergency Medical treatment and active labor act) it requires hospitals to admit women in active labor, explain the risks, benefits, and alternatives of all proposed treatments, and to honor their treatment wishes including the right to decline treatment.

Risks of using Pitocin
Risks for Mother

Mothers using Pitocin frequently report increased pain with contractions. Most mother using Pitocin also use pain medication to handle the increased pain.

Pitocin use requires continuous monitoring to detect complications and/or progress which interferes with mobility.

Pitocin use requires an IV for administration.

Pitocin use can cause long contractions and contractions with double peaks.

Pitocin use slightly increases the possibility of a uterine rupture.

Pitocin use increases the likelihood of a fetal malpresentation or malposition.

Pitocin use is associated with an increased need for cesarean surgery for distocia and fetal distress.

Risks for Baby

Pitocin use increases the likelihood of depressed fetal heart rate patterns.

Pitocin use increases the chances of Fetal Distress due to decreased oxygen availability.

There are increased risks to your baby if you have a cesarean surgery

After educating myself about the possible risks of pitocin I have the right to decline this
Active method of induction and I was robbed of my right to birth naturally since nobod bothered to get my consent.
Also regarding ectopic till today the medical field is uncertain as to why they happen but they do list risk factors that increase your chances and adhesions (scar tissue) from previous pelvic surgary(c-section) can be a cause.
Pelvic scar tissue (pelvic adhesions), can narrow the Fallopian tubes and disrupt egg transportation, thereby increasing the chances of an ectopic pregnancy.

To learn more about the effects of pitocin during labor you can visit the Ican WEbsite
International Cesarean Awareness Network

Thanks for taking the time out to reply to me.

Rikki

this8384 · Feb 19, 2009, 12:03 PM

I understand that you're upset; that's completely fine - it's your body and you are entitled to do what you want with it.

Was your doctor aware that you didn't want pitocin? Before I delivered, I typed up an entire list of what I did and didn't want during the birth of my daughter, using the outline from the What To Expect When You're Expecting book. It addressed multiple issues, including yours - administration of drugs. If he wasn't aware, then he may not have seen a problem with it as this is a commonly used drug. And as with any drug, there are side effects. The pitocin may or may not have caused a need for your second Cesarean; there's really no way to tell. As Gernald pointed out, your 1st Cesarean may have increased the necessity for the 2nd.

ScottGem · Feb 19, 2009, 12:06 PM

Originally Posted by rikkifarkas

After educating myself about the possible risks of pitocin I have the right to decline this active method of induction and I was robbed of my right to birth naturally since nobod bothered to get my consent.

You are still missing the point here. Despite your decision to decline a doctor has to make a snap decision based on circumstances. If the doctor can justify his use of the drug and a medical board will uphold his decision then you have no case.

As to the ectopic, yes, the C-Section may be a contributing factor, but you have no proof that it was a causative factor.

You have to understand that if you disagree with a doctor's actions or think you were harmed by it, you have two options. Either report it to the hospital department head or the doctor's boss if he was part of a practice or sue. And to sue, you have to have proof of wrongdoing.

this8384 · Feb 19, 2009, 12:11 PM

Originally Posted by rikkifarkas

After educating myself about the possible risks of pitocin I have the right to decline this active method of induction and I was robbed of my right to birth naturally since nobod bothered to get my consent.

After re-reading this, I have to ask: did you know about pitocin prior to delivery or did you investigate after all was said and done? From what you typed, it sounds like you weren't aware of the drug and are upset after learning about it... but that's an assumption, which is why I'm asking.

rikkifarkas · Feb 19, 2009, 12:20 PM

Dear Gernald,

It is aleady nine months since my last c-section and I can't begin to tell you the mental pain and feelings of being violated that My informed consent rights were abused. If you never have gone through a c-sectio you can not comprehend the mental pain a woman goes through. After having experienced already an activley managed labor ( the use of medical interventions for unnescessary speeding up of labor with my first child for no reason except that the dr had to leave later on .
I spoke with my doctor and I informed him I wanted to labor without pitocin cause it can increase your chance of uterine rupture and it would lead to a cascade of interventions that will no doubt end with a c-section ( my baby's heart rate went down due to the pitocin)
I would have declined this standard medical intervention if they would have had the decency to let me know that they were giving it to me because it was my DR standard method of care.

rikkifarkas · Feb 19, 2009, 12:32 PM

I spoke with my dr numerous times during our ob visits about my views on this drug. I told him about my previous experience with pitocin and that the baby also did not tolerate the artificially induced contraction. The thing I am upset about is that every body screams patient rights but in my case when my rights of informed consent were violated nobody cares. The dr apologized to me he said its usually his standard method of care to speed up labor with pitocin ( pt comes in lets get them out as quick as possible) . But still I did not consent to having this drug run through my body and that was a gross violation of my rights which is the right of patient autonomy ( The right to exercise self-determination and autonomy in making all medical decisions, including the decision to refuse treatment).

Some women welcome the effects of this drug but I was desperatly trying to avoid another c-section and I researched a little the benefits of laboring naturally and I have the right to refuse any drug that will artificially begin my labor.