Legalities around scheduled C Section?- Tennessee

jfcgtr74 · #1 10-15-2008, 08:45 PM

What is the name of your state (only U.S. law)? Tennessee

Ok, I have a complicated situation involving my wife's scheduled C-Section, and am not sure if there are legal grounds to feel the way that I do. And if this *is* a legal issue, I'd be interested to know what my next step is.

Here's my situation:

My wife is 39 weeks pregnant with a due date of October 23. Since we have 2 children that were C-Section, there was (obviously) no possibility of a natural birth.

So since we needed to schedule the c section, and you can schedule it 1 week ahead to avoid labor, we scheduled it for Thursday, October 16 (tomorrow.)
Unfortunately, her regular MD was going to be out of town on that date, so we pushed it back to Oct. 21.

TODAY, my wife started having major discomfort and regular contractions. We called the Dr's office, and they told us to go on to the hospital.

The on-call MD, via telephone, tells the nurses at the hospital to discharge my wife and send her home, even though she's having contractions. The problem is that she was not yet dilated.

Here's where it gets *really* complicated- I travel for a living and have to leave this weekend. Unfortunately, I have no choice. I'm the only breadwinner, and am not salaried. So if I don't leave town this weekend, I don't make $$$. No options.

My wife has an appointment at 10:00 in the morning, which was her originally scheduled c section.

My question is this:

Can we force their hand into going ahead and scheduling the c section?

And if not, and they decide to wait until Oct 21st, would I have any legal recourse if their decision caused me to miss the birth if she were to go into labor this weekend?

We are in a pickle here. If she were to deliver on Oct 21st, that would be fine. But the events of the last two days tell me she's not going to be able to hold off that long, and I'm just really frustrated with the fact that the doctors wouldn't be concerned with the possibility of me missing the birth.

Maybe this isn't a legal issue at all.... But it seems like it would be. Any ideas wou;d be greatly appreciated-

Thanks

wyett717 · #2 10-15-2008, 10:31 PM

And how are your rights being violated???

ecmst12 · #3 10-15-2008, 10:55 PM

Your rights are totally being violated. You should sue the baby as soon as it's born for having the audacity to not want to schedule its birth around your work schedule.

Seriously, this is NOT an issue. Your wife and child will survive the birth without you just fine, if that's what the baby says needs to happen. Modern technology is wonderful, but we still can't totally control mother nature. I think you need to re-assess your priorities.

wyett717 · #4 10-15-2008, 11:42 PM

Quote:

Your rights are totally being violated. You should sue the baby as soon as it's born for having the audacity to not want to schedule its birth around your work schedule.

Sorry, how foolish of me to question OP's rights... 74, you should also sue your wife's uterus for failing to provide services in a timely manner. And don't forget to nail the doctor who will be performing the surgery; clearly he is negligent to consider everyone else's medical needs instead of just yours.

Quote:

Can we force their hand into going ahead and scheduling the c section?

Absolutely. The doctor will be happy to cancel all other surgeries for that day because you have to work this weekend. Surely the other patients will feel bad for you.

Quote:

And if not, and they decide to wait until Oct 21st, would I have any legal recourse if their decision caused me to miss the birth if she were to go into labor this weekend?

I am inclined to think that it was your decision to have a baby and work where you do.

Quote:

We are in a pickle here....and I'm just really frustrated with the fact that the doctors wouldn't be concerned with the possibility of me missing the birth.

They don't give a flying monkey about what works for you. Their job is to do the surgery, and make sure mom & baby are healthy.

lealea1005 · #5 10-16-2008, 07:03 AM

Quote:

Originally Posted by jfcgtr74

What is the name of your state (only U.S. law)? Tennessee

Ok, I have a complicated situation involving my wife's scheduled C-Section, and am not sure if there are legal grounds to feel the way that I do. And if this *is* a legal issue, I'd be interested to know what my next step is.

Here's my situation:

My wife is 39 weeks pregnant with a due date of October 23. Since we have 2 children that were C-Section, there was (obviously) no possibility of a natural birth.

So since we needed to schedule the c section, and you can schedule it 1 week ahead to avoid labor, we scheduled it for Thursday, October 16 (tomorrow.)
Unfortunately, her regular MD was going to be out of town on that date, so we pushed it back to Oct. 21.

TODAY, my wife started having major discomfort and regular contractions. We called the Dr's office, and they told us to go on to the hospital.

The on-call MD, via telephone, tells the nurses at the hospital to discharge my wife and send her home, even though she's having contractions. The problem is that she was not yet dilated.

Here's where it gets *really* complicated- I travel for a living and have to leave this weekend. Unfortunately, I have no choice. I'm the only breadwinner, and am not salaried. So if I don't leave town this weekend, I don't make $$$. No options.

My wife has an appointment at 10:00 in the morning, which was her originally scheduled c section.

My question is this:

Can we force their hand into going ahead and scheduling the c section?

And if not, and they decide to wait until Oct 21st, would I have any legal recourse if their decision caused me to miss the birth if she were to go into labor this weekend?

We are in a pickle here. If she were to deliver on Oct 21st, that would be fine. But the events of the last two days tell me she's not going to be able to hold off that long, and I'm just really frustrated with the fact that the doctors wouldn't be concerned with the possibility of me missing the birth.

Maybe this isn't a legal issue at all.... But it seems like it would be. Any ideas wou;d be greatly appreciated-

Thanks

OK, I'm filing this one in my "just when I think I've seen/heard it all" bin.

OP, what makes you think...even for a nanosecond...that the OB would risk the life/health of your newborn and wife to accommodate your work schedule? Take a deep breath and explain the sudden change of circumstances to your boss.

ecmst12 · #6 10-16-2008, 02:49 PM

Oh and another thing....

If your wife is allowed to go into labor, her uterus could RUPTURE and she could DIE*! So tell me, what is more important, you being present for the birth, or your wife living through it?

*Yes, I know this is a worst case scenario, but it's a very real danger, which is why they're scheduling the c section in the first place.