I am shaking…I am 39 weeks and went into the doctors office for my weekly check up…everything was normal and the doctor was talking about how he was going on vacation and he hopes I give birth before then…a minute later her is checking my cervix and I AM IN EXCRUTIATING pain…HE DID A MEMBRANE SWEEP ON ME WITHOUT MY CONSENT…my birth plan states that I did not want any help inducing labor and he did this and I feel violated and now I do not trust him at all…Can I sue him for this? I do NOT feel comfortable with him as my doctor anymore and do not know how to proceed…please help
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Do you know for a fact that he did a membrane sweep or are you just guessing? That close to your due date he could have just been checking dilation and effacement.
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I did not get one until the end, but from like 34 weeks and up anytime I went to be seen and got a vagknal exam done it hurt so very badly. So there’s a very good chance he didn’t even do it unless he stated otherwise. Personally I think it’d be ridiculous to sue him over. So many people are trigger happy when it comes to suing. I would just demand another OB when going to the hospital or go to one he isn’t associated with if possible when going into labor. Most likely he didn’t even do it.
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You definitely can… if you know for a fact that he did indeed do a membrane sweep.
Cervix checking can also cause pain in some women though.
But if you’re sure, you can file a complaint.
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Ok first off I’m sorry and I would have the same exact reaction. If he said he did a membrane sweep and it’s charted along with your birth plan you do have a very good case. You should make it known that wasn’t acceptable and do whatever you feel you need to do.
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Stop posting fake stories or letting others post fake stories no Dr is gonna go ahead and perform this without consent and what about the nurse there wasn’t a nurse in the room it doesn’t make any sense at all
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Ask to see your records. Then, go from there. If there’s nothing in your records, it would be your word against his. You’re not likely to win any suit.
I would just request a different dr in the office from here on out.
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I’m from NZ so it’s different here. But what was he doing with his fingers in there? Why is there a need to check dilation? It’s not a crystal ball?
I’m not sure if you can sue or what but if you have to see him again, I’d refuse to take my pants off.
Since you are only 39 weeks and not quite full term, you may have a case. Contact an attorney in your area; they usually take things on pro bono - if they feel the case is a good one or an easy win; there is no fee unless the case is won. Once you find out info from a lawyer, then contact the doctor and tell them your displeasure, and that you will need documented signed papers from here on out if this Dr. Continues with taking care of you. This will probably be enough to refer you to a different Dr. He should have asked first before he did the procedure. Make sure that you look through your patient/ Dr charts and see that you didn’t sign anything that says that he is in total charge when it comes to your plans for birth. My gut feeling is that the Dr’s insurance company will back him all the way and not do anything at this point. If however anything were to go wrong during labor, it might be a very different story. At best you can hope you get a different Dr; which, would be a good idea. I wouldn’t feel comfortable knowing that the only reason he did that, was because he wants to go on vacation. I hope things go the way you planned the rest of your pregnancy. A new Dr. Would be the first thing on my list; this will take the monies that this Dr. Would have gotten for the delivery and give it to someone else. Bear in mind that birth does sometimes lead us on different paths, but this didn’t need to be done to you.
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I had 6 membrane sweeps and it did not help make any births quicker. I don’t think it works
Membrane sweeps don’t guarantee a kickstart to labor. I had one at 39 weeks and had my daughter 3 days later. My aunt had them done with all 3 of her kids and it did nothing for her, one of her pregnancies she has two done and it did nothing. Definitely get a copy of your records and see if it was documented. As previous said by other commenters if its documented it could be a case but if not it’s not likely to be anything but a money put battle. If anything confront your doctor. Ask the questions and tell them what and why and how you feel about it and go from there. Should be able to communicate with your doctor, if not then I’d find a new one.
I’m very sad & angry this happened to you. Doctors do what is best for them instead of their patients all the time.
It’s really difficult to sue a doctor. You can call lawyers & see what they say. In my expirence lawyers won’t take a case unless it’s very easy to prove. Drs don’t testify against each other unless there’s a huge pay out for them too.
I’d be looking for another Dr to deliver. This Dr is not going to honor your wishes. Make sure you take someone with you while you’re in labor who will stand up for you.
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- It doesn’t qualify as inducing labor as their is no evidence to support such. 2. If your Dr did it, he likely said he was going too before he did it and you just didn’t understand what he meant. That’s on you for not asking questions and it wasn’t without consent if you were told what was going to happen before it did witch you obviously were told given you know what happened. 3. You pointing out him going on vacation gives the vibe you think he WANTED your baby to come sooner? If your Dr at all makes you uncomfortable during pregnancy you should’ve changed drs before now. I don’t think you have any grounds for any kind of lawsuit
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You’d have to have significant proof, there is your word against his. Did you question what he was doing? Tell him to stop?? Your a week away from birth everything’s bound to be tender…!
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You would have known while he was doing it that it was a membrane sweep. Sometimes checking the cervix that far along can cause cramping and “labor pains”.
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Idk that I would switch doctors at 39 weeks pregnant 
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Yes you can sue if you can prove it BUT he can also sue you for defamation if he didn’t do it and you’re just assuming. So do proceed but be sure that you are 100% sure of it.
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A membrane sweep doesn’t always work, they didn’t for me and all 4 of my babies were overdue
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At 39 weeks he was probably checking for dilation and effacement. It’s quite common. If he didn’t rupture your membranes he’s not inducing labor.
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Have them note it In your chart that it was performed without your consent and ask for a different dr when you go in to deliver
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Contact the hospital to file a complaint with board of ethics. Also ask them fir a referral to a new dr
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Technically you can sue for anything, but you may have trouble getting a lawyer to take your case unless something negative happens with your delivery.
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I feel like doctors now are too impatient for a natural birth and push c-sections
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You have to prove damages to win a lawsuit, especially against malpractice lawyers.
Your best bet is to file a complaint with the medical board, if you are absolutely positive what you say actually happened.
Yup. Violation of human rights and bodily autonomy
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A membrane sweep is quite different and he has to ask. Just as he asked to check your cervix. I did not let myself be checked until I went in for my induction n I’m very happy I didn’t do it until then because, it does hurt. Especially after it is done and you usually start bleeding. I wouldn’t have been able to go about my regular day had I not been in the hospital inducing labor.
My Dr did a membrane sweep but he asked me first. I’m pretty sure they need consent before any sort of medical procedure.
My dr did that too me w my first. Went into labor so quickly and fast. But wasn’t for another half hour. My second I actually went into labor after he checked me that far along I was already dilated I would look into that he shouldn’t have done that w out asking and you weren’t even late. Are u sure he did that are u in labor?
Why are people laughing at abuse of a woman?
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I assume you had a nurse in there as well, with a male OB. File complaint and see if she will back you up.