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Forum: Children with Special Needs


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April 19th, 2009, 09:43 PM
iamkc's Avatar Platinum Supermommy
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I'm wondering if any of you ladies have yourselves, or know of anyone who has filed a medical malpractice suit over a child's birth. I'm looking for a little support and/or guidance, I suppose.

We feel like Milo's prenatal care team was grossly negligent. We're pretty certain that he has a genetic disorder causing these long-lasting problems, but maybe not. More than his lasting issues (because it's yet to be determined if he has the chromosomal markers for his syndrome), we're bothered by prenatal "what if?" problems. We're so worried that these people will continue to practice as they have, and the next child may not be so "lucky." We've even had medical care professionals tell us that we should be talking with lawyers, but the more I read, the more difficult it sounds like it is to prove, especially when I'm sure that they were lax in some of their measurements of me, etc. I KNOW that the charts don't reflect a lot of what was going on, my complaints, etc. This is the high-risk clinic, too, so we feel like they should be especially responsible in dealing with patients and their complaints. We were just going to file a complaint, but MANY people associated with the clinic and hospital have told us that it won't do anything at all, and they'll just keep going. So, the alternative is to sue. But if we lose, we have NOTHING we can pay an attorney. It's a moral obligation, though, to pursue it. I wouldn't want someone else to have to go through any of this, or to have a worse outcome.

Anyone here have to go through this?
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April 19th, 2009, 09:58 PM
docsmomma's Avatar Platinum Supermommy
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We are looking at filing medical malpractice against Joey's doctors for a different but similar thing. For his I brought up concerns for 4 months and for 4 months was told it was nothing, not to worry, nothing at all was wrong. 4 months later I was told had we not brought him to the ER when we did we would have lost him within a week. The doctor admitted to us that he knew about LCH and the symptoms and felt it just wasn't "common enough" to even consider, though his charts show that the doctor had written "possibe Skin HIstiocytosis" so its not like he had no idea it could be LCH. We filed a formal complaint already and they hospital and the clinic refuse to admit that there was any wrong doing or negligence that caused a delay in treatment... so the next step is to go to court. It was not an easy choice to come to but when we found out another child went 4 months as well with similar symptoms as Joey and was also ignored with the SAME clinic, we felt we had to. This child was dx'd just recently and she was told the exact same things I was told by the same doctor, who knew about Joey's dx.

Many attorneys will take a case based on getting paid a percentage of a settlement IF and only IF you win.

Last edited by docsmomma; April 19th, 2009 at 10:03 PM.
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April 20th, 2009, 04:37 AM
quietsong's Avatar Just Another Slacker Mom
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Good luck, ladies! I think at the very least you should definitely file a complaint. The suit would be tricky if you don't have concrete backup for it, and if you wouldn't be able to pay the legal fees otherwise, I might hold off on it. Surely, it's a moral issue to persue, but at the same time no one - especially not your children! - would want you to put yourself into financial hardship for it.

I am fortunate to be in the opposite situation: I could not be more grateful to my OB. Danny was in a very bad spot when he was born, with meconium and a dangerously low platelet count. My doctor had convinced me when things got a little questionable to switch to a different hospital, which was exactly where it turned out he needed to be, and she made decisions last minute he day Danny was born that I am convinced saved his life. I'm so sorry you both have so many lingering concerns and questions about your prenatal care

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April 20th, 2009, 07:09 AM
Daisyfields's Avatar Platinum Super Mega Mommy
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I wish I had advice for you but I haven't experienced that...yet... however I was thinking of doing that on "my" behalf. Too much going on in my life to do that at all.

If you believe that something wasn't done properly, absolutely have an attorney take a look at ALL your medical records, documents, what ever you have & sit down for your free consult & discuss the possibilities. If that lawyer brushes you off, go to another one. I had to do that 3 times before I found the right office/lawyers for me. Don't just let it go w/ your 1st response. If you have a heart/gut feeling that something "could" have been done, and didn't...you do something about it.

I know that I bled for my ENTIRE pregnancy w/ Cooper. I was told that it "can" be normal. That he looked good in the u/s & that there were no reasons to believe he had problems...but...my placenta had a "small rupture" in it, and to me that means that Cooper didn't get ALL his nutrients & maybe caused this. Still... what could a doc have done? I would have had to terminate the pregnancy & I wouldn't think of it. Even if I knew ahead of time that Cooper would be "special"... I would 100% still have him. This is not to say that he should have to struggle his whole life, but if God wants me to deal w/ this life in this matter, then I say "that's what I am here for". I hate to get all religious on you or the gals here but I truly believe that there is someone who looks over us, God, Angels, what ever you want to believe in, and that we're not given ANYTHING we can't handle. As a result, we are STRONG woman. They don't look at us as weak.

Sorry for that intervention speech. Again, I wish I had more info for you. I hope you do get the answers you deserve & need "and" if ANYONE is responsible for hurting or making your child sick, they SHOULD pay!


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April 20th, 2009, 09:50 AM
Ditzzy's Avatar Stupid Lamb;)
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I have no advice, but wanted to wish you all the luck! Please KUP on the process and what happens! I support your decisions.

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April 21st, 2009, 02:03 PM
iamkc's Avatar Platinum Supermommy
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Thank you, ladies! I wish us all the very best luck in pursuing what we feel is right! I should have sued (even according to other docs and nurses in the practice!!!) some of my doctors I had right after I had Kannon. They almost killed me-twice. Blatant, obvious negligence. A lawyer said it was a "no-brainer." But I was too afraid of going forth-it was a small town, my family still goes there, and I didn't want to feel like I was somehow harming them. Does that make sense? But now, I feel like the next person at this place won't be so lucky, and a baby may die. Milo was so close to it, and I TOLD them repeatedly that things weren't right. I was brushed off, laughed at, not checked-I didn't even get the bare minimum of care. THAT is what bothers me. What could have been prevented? Again, most of Milo's issues are most likely related to his syndrome, but we don't KNOW that, and we know that the next kid won't be so "lucky."

I'm definitely not putting myself in financial hardship for it. I'm already there. Really, I'm calling around to get names on a list of attorneys who work in medical malpractice, not necessarily to file suit, but to at least figure out a way to make complaints heard. Wish me luck! Good luck to all of you!
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