Matthews, NC asked in Health Care Law, Medical Malpractice and Personal Injury for North Carolina

Q: Can I file malpractice or civil suit against hospital when they gave me a C-section without consent and after I said no?

I told them no, as did my husband. They breached patient autonomy and did not turn off the medication when I asked. I was badgered constantly from nurses and doctors. This happened in North Carolina.

2 Lawyer Answers
N'kia (NLN)
N'kia (NLN)
  • Cary, NC
  • Licensed in North Carolina

A: Whether someone is liable for malpractice depends on whether their performance met the required standards for the particular situation. You would need to speak with an attorney directly and walk them through the specific facts. Then the attorney should be able to tell you how strong they believe your potential malpractice case is.

Ronald V. Miller Jr.
Ronald V. Miller Jr. pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Medical Malpractice Lawyer
  • Baltimore, MD

A: If you believe that a hospital performed a medical procedure without your consent or against your wishes, you may have grounds for a medical malpractice lawsuit. I'd be very interested in what the medical records say about what happened.

In a medical malpractice case, you would generally need to establish the following:

1. A duty of care existed between the healthcare provider and the patient (in this case, between you and the hospital).

The healthcare provider breached that duty of care by acting negligently or failing to meet the standard of care (performing the C-section without consent).

2. The breach of duty directly caused harm or injury to the patient (physical, emotional, or financial damages resulting from the unwanted C-section).

3. Consent is a critical aspect of medical treatment, and healthcare providers are typically required to obtain informed consent before performing any non-emergency procedures. If you can demonstrate that the hospital performed the C-section without your consent and that this resulted in harm, you may have a viable case.

The challenge in North Carolina would be finding a lawyer who is willing to take the case because most malpractice cases require extreme injuries for lawyers to handle the cost of litigation. And I don't know that it would be wise to you to bear that cost yourself.

You can also visit the North Carolina Medical Board's website:

Locate the complaint section: On the homepage, look for a link that says "File a Complaint" or "Complaints." You can also go directly to the complaint page at

This is also their address:

North Carolina Medical Board

Complaint Department

P.O. Box 20007

Raleigh, NC 27619

Good luck!

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