I am bringing this over from another thread that got hijacked with questions about my experience. I wanted to let the thread get backk to the OP's question so...here is the post and I will try to answer what I can.
Quote:
I know you can't talk about the settlement, but can you explain more about the charges you filed against the hospital, staff and police? I think many women can learn from and be inspired by your story. Physicians still love to spread the myth that the only cesarean you get sued for is the one you didn't do. Looks like you proved them wrong. And I'm so very sorry you and your family suffered so much for it. What happened to you was indeed a crime, and I really admire you for making sure people were held accountable for it.
I'm curious to know, too, whether the suit against the hospital was for malpractice--was it a civil suit? And then you also filed criminal charges against the CNM and other staff? Was anyone convicted of criminal charges? I'm assuming you also filed complaints with licensing boards--is that how the CNM lost her license? Or was it the result of criminal charges? Also, how were you able to prove that you were lied to? That would be very helpful information for other women to have.
Sorry for so many questions! But I do think other women can learn more from your experience about how they can see to it that some form of justice done in the aftermath of the type of abuse that you endured.
Also, if you don't mind PM-ing me the name of your attorney, I would really appreciate it (please note that my user name isn't my actual email address--using the PM feature here will work though).
I'd like to get in touch with him/her because I'm working with a group of attorneys who are developing a continuing education program for lawyers where they can get CEUs for learning about the patient rights abuses that birthing women endure and legal strategies (such as yours) for remedying them. We have a physician, too, who will teach a workshop educating malpractice attorneys about the medical misinformation that expert witnesses use in malpractice cases. Another attorney who won a malpractice case for an unnecessary cesarean will be leading a workshop, and I know he would be interested in networking with attorneys who have been involved with similar cases.
Thank you for sharing your story with us.
Katie Prown
Legislative Chair
Wisconsin Guild of Midwives |
The suit was civil...my Atty had considered trying to get the DA to file wrongful imprisonment charges for both me and DD but didn't think that if it went to a jury that the general public would understand because it all would have seemed pretty normal to them since most people are very in bedded in the Dr.'s know what's right mentality.
The sexual assault charges were going to be filed by the DA against the CNM as a criminal issue. He had agreed to move forward with them and agreed to let them go to allow mediation to continue. So no, there were no criminal convictions in the case.
The CNM has not yet lost her license, but that is still working it's way through the system via the licensing board due to the complaint that was filed. My understanding is that I am not the first victim that has filed a complaint against this particular CNM. She has however lost her privileges at that hospital due to the suit (they decided that she was a liability).
I was able to prove the lies because DH was quick enough and smart enough to grab our files from out rooms. The hospital threatened to charge him with theft...the mediator advised them that it was really not a great idea to go there and they didn't. We had all the monitoring strips and vitals charts that showed absolutely no fetal or maternal distress, no sign of infection, no fevers etc. It also showed the refusal of pit without an epidural although it can be done. It showed that they drew blood for the HIV test that I refused. They also showed that a perfectly healthy baby was taken to the NICU for no reason and subject to completely unnecessary treatments and tests that had been refused. It showed that they were aware of the medical proxy given to my MIL and went against it. It also in the notes showed their complete contempt for our family and choices...had words like ignorant, combative non compliance in it.
This is not in my Atty's bag of tricks normally. He did not want to get involved at all in this case and will not be doing anymore in t he future. He did this a favor to my family. He had been our Atty for many years and his firm is very well connected in our community. We had no one else to call that day and he was kind enough to step up to the plate and continue with the case since he felt no one else would. He is not a personal injury atty. He actually specializes in probate and real estate!!! He used many resourses within and outside of his firm. I really don't think he would be of any help to you as I think he would like to just put this whole thing behind him and get on with his real job
I think that answered everything...please let me know if there is anything else.
: and frankly downright cruelty.
you have the courage to stand up to authority that i only dream of having .. and the patience to see this thing through! an inspiration ... 
