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Medical malpractice in cesarean section: A nightmare of a mother who stays awake during the procedure

The biggest fear of any person facing surgery is to undergo the procedure without anesthesia. This is the claim that underlies a lawsuit recently filed in court by a 25-year-old midwife against Shaare Zedek Hospital in Jerusalem. The midwife is claiming more than NIS 2.5 million in damages for her damages. This is an unfortunate and shocking case of ongoing negligent medical treatment Could not write: A frightened midwife in the middle of the delivery process to the operating room due to fetal distress.The staff puts her on the operating table and the surgeons cut the meat without her being put to sleep.

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The midwife felt all the stages of the surgery and suffered from excruciating pain
The plaintiff experienced hell on earth, when she felt all the stages of the operation, suffered inexplicable excruciating pains, while opening the abdomen with the surgeons’ knife, layer after layer, cut after cut. The plaintiff whose hands were tied to the sides of the operating room was fully awake, went into hysteria and cried out in terror but to no avail, as the anesthesiologist did not understand the magnitude of her distress, shouted at her to relax and take a deep breath as the surgeons continued the operation.

Only with the rescue of the fetus after long minutes that seemed like an eternity, the plaintiff folded her legs with a natural instinct out of pain and only then did the operating room staff realize that the plaintiff was not anesthetized and apparently only given a general anesthetic at this point.

An anesthesiologist with 55 years of experience noted that he had never encountered a similar case
The lawsuit is supported by the opinion of Prof. Gabriel Gorman, an expert in anesthesia and intensive care, and among the top anesthesiologists in Israel, who writes in his opinion that he has been involved in the field of anesthesia for 55 years, on three continents. Prof. Gorman anesthetized tens of thousands of patients and during this long period hundreds of thousands of anesthetics were performed in the wards where he worked. Prof. Gorman notes that he has never encountered a case similar to that of the midwife. According to him, it is not possible to explain how the treating staff dared to put a knife on a woman who was not under anesthesia at all and felt everything, starting from the surgical incision ?! Since 1980, Prof. Gorman has been involved in cases where it is necessary to bring professional opinions, and the number of cases added in his office exceeds 150 opinions and he says he has never encountered a similar and so serious case in his circumstances.

“The responsibility for the difficult situation lies solely with the care team”
“Everything that happened to the midwife is the result of clear negligence. Immediate attention, taking the necessary measures on the spot (in the operating room), worrying about psychological treatment both in the hospital and after the patient’s discharge from the hospital, all these things together could have prevented the terrible suffering. Of the midwife, and the responsibility for the difficult situation belongs solely to the care team. ” Prof. Gorman also notes that the failure to register the case anywhere in the medical file, including in the anesthesia sheet, in the summary of the operation and not in the release letter, is a procedure that is below the expected and explained standard of a hospital, especially a university hospital in Israel.

Lawyer Yaron Moyal (Photo: Avi Noam)

The negligence of the medical staff also continued in the care given to the mother After surgery
To add insult to injury, the medical staff not only neglected to administer the anesthesia but also the failed treatment of the plaintiff after the incident, by concealing the blatant negligence, not mentioned at all in the medical file or release letter, not reporting to the mother and husband, not coming to help and support her after giving birth and not referring Her post-discharge psychiatric treatment, which led to a worsening of her mental state, as stated in her opinion by an expert in the field of psychiatry that supports the claim, that the mother suffers as a result of post-traumatic stress disorder (PTSD), which manifests itself in severe life: social, personal and occupational. The avoidance of having more children strongly expresses the dire consequences of birth events on the course of her life.

Lawyer Yaron Moyal Deals with medical malpractice, tort and grievous bodily harm claims and manages the Medical Malpractice Forum in Diagnosis at LawGuide Lawyers. Article courtesy of the lawyers’ website No guide.

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