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Old 05-17-2004, 11:22 AM   #1
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Question poll: legal action

Poll: was cp caused by fault of doctor of hospital and did you sue? What were the pros and cons if you did? I am struggling with wether or not to take legal action. I know I have a case, and will need money for future expenses for my child. Thanks in advance. Have a great weekend
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Old 05-17-2004, 08:35 PM   #2
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Re: poll: legal action

Yes my son's cp was caused by the doctor's negligence. I have considered sueing, but have never done it. Something is telling me not to, so I haven't. Like many people have/will say, the damage has been done. Just to have a son that is alive is priceless to me. Do what feels right to YOU. You will feel it deep in your heart what you must do. Listen carefully to what your heart/mind is saying.Don't let anyone lead you into something you don't feel comfortable with.

 
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Old 05-18-2004, 08:08 AM   #3
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Re: poll: legal action

Yes, my son's cp was caused by delay on Dr's part in delivering him. We are pursuing a lawsuit at this time. I debated for several years on whether to pursue this or not until I realized that I didn't want my son to be dependant on SSI(hence having to be poor to qualify) or us for the remainder of his life. He deserves a chance at independence and I would love for him to have the financial freedom to build a home(someday) that is equipped for him and to be able to earn a living and not rely on government assistance(who knows how much $ will be available by the time he is 21?).

We are prepared for a long fight but this is for him and therefore well worth it. I know they will try to blame his problems on everything we did or didn't do. We already have the backing of a neurologist and perinatologist who agree on the dr's mistakes causing the cp. Anyway...forgive me for 'rambling' Feel free to ask me any questions you may have.

Tana

 
Old 05-18-2004, 11:11 AM   #4
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Re: poll: legal action

Tan, How long ago since you filed? how long do you expect it will take for a verdict. at fisrt i didnt want to sue, but there was negligence, and my son will have medical needs his entire life. Our house is not even handicapped accessable, and if he requires a wheelchair, we will need a new car too. We work hard like everyone else, and struggle like everyone else, but make too much money for ssi or medicaid. How old is you child? boy or girl? Mine is 2 months, big baby boy.

Have a great day!!
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Old 05-18-2004, 09:13 PM   #5
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Re: poll: legal action

"How long ago since you filed? how long do you expect it will take for a verdict. at fisrt i didnt want to sue, but there was negligence, and my son will have medical needs his entire life. Our house is not even handicapped accessable, and if he requires a wheelchair, we will need a new car too. We work hard like everyone else, and struggle like everyone else, but make too much money for ssi or medicaid. How old is you child? boy or girl? Mine is 2 months, big baby boy."

Hi first of all, Congrats on your little boy! We have a five month old and I know how it is having a wee one(sleep? whats sleep? )

My middle son is 7 yrs old and will be confined to a wheelchair(uses a walker occasionally for exercise) for the rest of his life. He is intelligent, funny as all get out and loves to sing. He is very verbal and is so very sweet...did I mention handsome?
Anyway, I contacted several attorneys in the past few years and finally found one I felt comfortable with. It was long past the time of filing a lawsuit on our behalf, but we are pursuing it for him. Like you, we make too much money to qualify for SSI/Medicaid, but like other hard working people, don't have enough $ to pay for all the extra equipment/services our son will require.
You will need to find someone who is experienced in cp cases. They will find experts to validate your case or tell you if they don't think you have a case. It takes time for the entire thing to evolve...we are told it could be a year or two to get to court, if we do get that far. They will pour over the baby's birth records, your wife's medical history etc..it is not for the faint of heart...you will feel like your lives are turned inside out. My reaction to what is to come is that I will always have to be my son's advocate and make sure he gets what he needs in life...so, it is worth it to pursue this stressful experience in order to fight for what he lost.

Is your son enrolled in your local ECI program? Have you talked to anyone about medicaid waiver programs in your state? Do you have other children?

 
Old 05-19-2004, 11:57 AM   #6
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Re: poll: legal action

randadell,

Oh, I'm sorry, I see you have already made the decision, even before you asked the question. Sorry I couldn't have been more help.

 
Old 05-19-2004, 10:21 PM   #7
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Re: poll: legal action

this is our first child. He too is a beautiful child with a funny personality for a 2 month old. I am going to find out next week if the state is going to cover his therapy under the early steps program. For now my insurance is covering 40 weeks of OT and PT. I dont want to even guess at how much wheelchairs and walkers cost. I know its more then we can afford anytime soon. My husband and I work in emergency medical services, we have a wonderful job that we love, its not a job for someone looking for a big paycheck. In our area we are paid less then or close to what policemen make. an assistant manager at McDonalds makes more money then me.
thanks for sharing your story with me. sorry if im rambling. Have a great night!
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Old 05-19-2004, 11:23 PM   #8
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Re: poll: legal action

Hi randadell

I know it's hard for you to make this decision. I have always trusted doctors and hospital staff, yet they are only human... they make mistakes too. That's why they are required to have malpractice insurance.

Our experience in a nutshell:
My daughter's records are currently being evaluated by medical experts through our lawyer. She is two and has hemi cp. I believe my OB/GYN is at fault. I also have a son who is 4. Like you, we make a decent yet modest income... no big savings or anything like that to tap into if our daughter needs it.

It was hard for us to make the decision to sue. My OB/GYN was the first person in the world to see and hold our two precious children. We have pictures in our children's baby books of him holding them as infants. I still believe he is a good doctor... he just made the wrong call at the wrong time while delivering my daughter. I also believe he is the kind of person who owns his mistakes and would understand our reason to sue.

So whatever you decide, do what is best for your son. The whole idea of a lawsuit is scary, but in my opinion, if it would benefit your child and help ease the financial aspects associated with his condition, it's worth it.

Take care,
Melissa

 
Old 05-20-2004, 11:06 PM   #9
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Re: poll: legal action

I agree with you about doing what you have to do to provide for your child. I too love my OB. I dont believe she was at fault, unless the nurses called her when marks heart rate dropped to 90, and she didnt want to deliver. I was 38 weeks so no reason not to induce. My husband asked the nurse if she was going to call the dr when his rate dropped and they said it was still in an ok range. To me 90 was too low, considering his rate was 140 all night. They gave me an IV but that was it. 4 hours later his heart rate dissappeared, and then they decided it was time for an emerg c-section. I can remember laying on the table and hearing a nurse scream" get a surgeon, I dont care who cut her open now. " A surgeon from the general operating room cut me open just as an OB walked in. Thank God a neonatologist came in too just in time to start cpr on mark. I just know that when my records are requested that the monitor strips will come up missing, Or they will be strips on someone elses baby, I dont remember seeing my name printed on the strips that night. It is all so stressful.
Thanks for letting me vent. Its been a long day applying for medicaid knowing we will be denied....sigh. Take care.
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Old 05-22-2004, 03:56 AM   #10
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Re: poll: legal action

Hi randadell,

I'm sorry you had to go through such an awful experience with the delivery of your son. That had to be the most stressful day of your life. It would seem that nurses should be just as cautious as the OB's, considering the high risk of complications in labor and delivery.

Getting a copy of the strips can be difficult. When I first asked for ALL records from the delivery day, the woman in the records department did not include them. The next Friday, I went back to specifically request the strips and was told they would be completed by that evening. Went back and she said that she couldn't get to them and said they would be ready the following Monday. It made me wonder.

I had my daughter(2) through vbac and my son(4) through c-section, so she was like my first natural delivery. She was 9 lb 3 oz and 21 inches. My son was 9 lb 1 oz and 18 inches (short and fat...lol). I've heard alot that once a c-section is performed, the following deliveries should be c-sections. The OB induced labor at full-term. I had an episiotomy and then a 3rd-degree tear. After several rounds of pushing, he still had to use forceps to pull her out. I believe she should have been delivered through c-section.

Well I hope your son gets approved for medicaid (LaCHIP program, right?). It never hurts to apply. Try for SSI too because I think the income limits are around $3200 monthly, which is pretty high. I didn't think we would get anything but we got approved for a whopping $88 every two months...almost more trouble than it's worth. Talk to you later.

Take care,
Melissa

 
Old 05-24-2004, 08:46 PM   #11
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Re: poll: legal action

alot of women are opting for vbac, but if I have another child, I dont think I will try it. There are just too many things that can go wrong, and I dont have good luck with stuff like that. maybe doctors push vbac because they charge more for it. Who knows.
We just spent the last two days in the hospital, they thought mark had pneumonia, turned out to be a viral cold wjich my husband and my self now have. Sorry if this is short, just got home a few hours ago, and already time to hook up the feeding pump for the night and give nebulizer treatment. Take care.
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