Can i sue my OBGYN for refusing to induce labor?

UPDATED: Sep 30, 2022

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Can i sue my OBGYN for refusing to induce labor?

I have had 4 previous miscarriages. I have carried this baby to term. After being diagnosed with high blood pressure and reading on multiple websites that this can cause severe bleeding and distress for both me and the baby I asked to be induced on my due date. My OBGYN refused. The websites also say that with high blood pressure it is recommended to induce a few days early to avoid complications. I am very nervous. I have all the symptoms of pre-eclampsia. My OBGYN has not done an ultrasound to check the placenta.

Asked on March 11, 2016 under Malpractice Law, Alabama


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If your doctor does something that actually results in an injury to your or your child, then you can sue your doctor for malpractice.  Right now, you have some symptoms and they are obviously stressful... and rightfully so.  You are at high risk, but you do not yet have a claim for malpractice because you only have a potential injury, not an actual injury.
Your choice at this point is to continue with this doctor and just see what happens... or you can seek out a second opinion.  This is not a legal decision... it's a gut decision as a mother.  If a doctor makes you feel inferior and they will not listen to your concerns, then do not wait for the horrible to happen.  Find a doctor who understands and reponds to your concerns.  I know your at the last stretch of this pregnancy... but you will be much less stressed (and thereby healthier) if you connect with a new doctor who listens to you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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