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Opinions on a birth trauma lawsuit - Page 2

post #21 of 43
I think that doctors get paid waaaay too much to listen so little to what you are complaining about.

I have seen doctors, they asked me questions, I answered, and they kept on talking their little speil as if I had not even answered their questions. In other words, the same thing that happened to you, the doc did not take YOUR complaints seriously, s/he just brushed-off and ignored everything you said.

Also I cannot fathom why you would ever want to use that midwife again! She should've had someone else there for you, since she wasn't able to stay!
post #22 of 43
Quote:
Originally Posted by Attila the Honey View Post
Copykitten>

I would recommend at the very least writing letters to the medical board. Also, what really would be the harm in contacting a lawyer? Just to further explore the possibility. No amount of money would have helped me, but an acknowledgment and even an apology from the doctors that ignored me for weeks would have been very healing.

I think this is good advice. You are the only person who can answer the question of whether or not to sue. However you have been through some significant trauma and either way it may be valuable to seek out a therapist who would do a more professional job of addressing it and helping you work through it.

post #23 of 43
i confess to not having read the other responses. i think you should write to the hospital these docs work, along with the medical board. i would also speak to a lawyer, if they don't think you have a case, so be it, but it sounds like you could use some closure.


ps- i am so glad you and your daughter are safe and healthy now!
post #24 of 43
I'm sorry that no one took you seriously while all of this was happening. You were trusting your instincts; they should have listened to you!

I think you should consult with a lawyer. That doesn't mean you have to go in with guns blazing; it's simply that: a consultation, and it won't commit you to anything. Tell the lawyer what you've told us here. Ask the lawyer what, if anything, can be done in circumstances like that to either recompense you for your suffering, or at least to help ensure that it doesn't happen to others. If, after the consultation, you decide you don't want to pursue it, at least you'll walk out of there more knowledgable.

I liked my midwives too, but there was some really dumb stuff done when my son was born, culminating in them yanking out my placenta so that I bled profusely (to the point where my now-ex says they were talking about transfusions but I never received one)...for days after the birth I could not stand above my heart-level without blacking out. Loss of blood, I guess? I've never gotten an answer. No one would take me seriously; just told me to "get rest". My body eventually ironed itself out but it was truly about 3 months before I could even walk all the way down the street (or any real distance) by myself, upright. I always wondered if I should have pursued it, but felt I had no paper trail to rely on. YOU, however, do. You have proof that time and again you alerted them to a medical problem that they dismissed.

I hope you find peace, whatever you decide!
post #25 of 43
I have known of homebirth doctors being sued for leaving a piece of the placenta in a new mother, causing the new mother to bleed profusely for a week but never a hospital delivery and never for a month after. That is malpractice and not to the standard of care. You were in the hospital where all of the guns and whistles are to prevent something like this from happening, and guess what, it happened! They sent you home repeatedly and you were nearly bleeding to death!

I would look into some kind of action against the hospital or doctor, since you should not have suffered that much.
post #26 of 43
IMO a lawsuit is unlikely to give you the feeling of being listened to and cared for. I've never heard of a malpractice suit that was easy on any of the parties involved.

I think the suggestions about writing letters to your doctor and the medical board, and also the hospital, are good ones.
post #27 of 43
I think you made the right decision not to sue. But I am very sorry for what you went through. I can only imagine how painful and traumatic that was for you.
post #28 of 43
In cases like this where there are no long-lasting, documented, easy-to-see-and-prove PHYSICAL damages, I don't know that an actual lawsuit would even make it very far.

It sounds as if the standard of care was NOT met SEVERAL times over the course of your recovery.

First, it should not take HOURS to get a blood transfusion when you've lost 40% of your blood volume. (Only exception I can think of would be if they simply did not have the blood available and had to secure it from an outside source.)

Second, you don't mention them checking your hematocrit when you went to the ER. Did they do this, or did they rely solely on a vaginal exam to tell you that things were fine?

Third, leaving part of the placenta inside your uterus is obviously not within the accepted standard of care. It happens sometimes, and it can be dealt with, but someone has to actually LOOK for the problem. Preferably in a timely fashion BEFORE a month or more passes. Talk about asking for septic shock...

Stories like yours remind me of last summer when my Dad was about half way through chemo for colon cancer. He started having severe chest pain and could not catch his breath. He managed to dial 911, but could not speak to them. The ambulance arrived, paramedics loaded him up, and rushed him to the nearest ER.

Unfortunately, he lives in a teeny town and the nearest ER is not much to speak of. The ER doc insisted my dad was having a panic attack, did absolutely NO testing whatsoever (no blood work, no x-ray, no heart monitoring, NOTHING) because by the time my Dad actually arrived at the hospital, he was feeling much better.

They sent him home with Xanex.

Well, thankfully my Dad's wife is a nurse. None of this sounded quite right to her (she was out of cell phone range during the whole thing, and didn't find out about any of it til several hours later once he was home). She called my Dad's oncologist to explain everything that had happened.

The oncologist told her to bring him IMMEDIATELY to the ER in the closest decent sized town (this is where he was doing chemo). He didn't want to alarm her, but chances were great that what was going on was actually a pulmonary embolism.

They got to the ER where they were greeted as if my Dad was on death's door (keep in mind he was feeling fine at this point). Within 30 minutes, they found out that he had SEVEN blood clots in his lungs, and the severe pain he'd been in earlier was likely the result of one or more of them shifting/moving.

Pulmonary embolism is DEADLY. He was incredibly lucky to be alive. He was immediately started on blood thinners, stayed in ICU for 24 hours, then in the hospital for monitoring for another 3 days. Went home on injectable blood thinners for a while.

The ER doc at the teeny hospital never even mentioned the possibility of pulmonary embolism, despite the fact that being on chemo raises the risk of PE significantly, he presented with every classic symptom of PE in the book, etc. My father could have died from this doc's missed diagnosis.

HAD he died, you can bet your butt I'd have sued.

But he didn't. And so we wrote letters instead. Sent one to the doctor, and one to every person we could think of that might care or want to know about the situation (hospital adminstration, risk management, medical licensing board for the state, etc). If nothing else, I hope that doctor never misses the signs of PE in a chemo patient EVER again. The next person might not be so fortunate.
post #29 of 43
Quote:
Originally Posted by Lynnseedoil View Post
Suing for money because of distress doesn't make sense to me. The money won't change what happened.
Money doesn't change what happened if the injury is physical either, or if someone actually dies due to the negligence. Emotional distress can be very expensive as well, because many insurance plans don't have good mental health coverage, and trauma can take a very long time to heal and can pop up years after the event. Some people who suffer birth trauma do end up with a life long injury that needs to be managed with medication and periodic therapy. How is this so different than a physical injury?
post #30 of 43
OK- replying to OP only.

I would not sue at this point. I would, however, make a formal complaint with the organisation that registers midwives in your country. The student should not have been left alone to care for you and it was the midwives responsibility to check that the placenta was fully intact. Nobody else's. I would also make a complaint to the hospital about the doctor who told you it was the first PP period without carrying out further investigation.
Your midwife could not know what was to happen, but she should have ruled out certain possibilities. It's as simple as that. There is the fact that the hospital you birthed at is obviously understaffed postnatally which is why it took so long for them to intervene with the blood loss and you probably have grounds for a complaint against them too, but the simple fact is that leaving a mothers side 15 minutes after birthing the placenta is a bit premature.

I have to say, in your shoes I wouldn't consider birthing with her again.
post #31 of 43
As much as you like your midwife, personally, I think you should consider retaining someone else for your next birth. Her professional conduct seems to have been lacking, and you came out the worse for it.
post #32 of 43
copykitten

I had gone through a traumatic first birth/post partum period and though not totally realizing what was wrong with me during the time afterwards I started suffering from severe anxiety and other PTSD-like symptoms. I was initially brushed off as "having fluctuating hormones that should subside at around a year". I went through this for about 3 1/2 years, w/ PPD piled on top of it too.

In my case, I wouldn't have had a leg to stand on legally b/c everyone around me technically did their jobs within the accepted standard of care.

I do wish that I had written a letter(s), but can only imagine more brushing off and scoffing and ridicule and can't bring myself to do it. Or I may write ones just for me someday, not intending to send them.
post #33 of 43
I cetainly would not sue - the sueing of doctors is the reason that so many of our tax dollars are being wasted on malpractis insurance.
So you had a rought start I think that most of your issues are mental and that you should deal with that and get on with life.
post #34 of 43
Coming from someone who had to search far and wide for an attorney to take on her case, if you have no long lasting damages, there's not much chance an attorney will take you on. I ended up almost dying TWICE and losing my uterus due to a doctor being seriously negligent, and it is still a tough road to walk down.

I'm so sorry you had to go through all of that.
post #35 of 43
If your healthcare provider failed you and gave you poor care, or harmed or endangered you. then you should sue.

It doesn't have a thing to do with the money. It has to do with holding the medical communty accountable for their actions.

Filing complaits wih th medical board is a good first step, but do what you have to do to be heard.
post #36 of 43
Thread Starter 
Wow! I never expected so many people to weigh in (everytime I start a thread it falls by the wayside after a few comments.) I should have made this a poll, but it seems pretty evenly split between sueing and not sueing.

I have weighed this back and forth in my mind. After all, my daughter is nearing a year old. I do believe doctors are sued for pretty rediculous reasons now adays, for things they could have never seen coming. And yes, she claims that my placenta was intact, they even sent it to the lab to check it. But the fact remains that something was left inside me for a month. Begging with my doctor, emergency room doctors, doctors on call for weekends, being told to go home and come back when I was in shock, told me that they didn't care what I was going through.

I am not saying that I will sue them. I do feel neglected and I suffered for it. I esentially lost the first months of my baby's life because I was too weak to do anything. This, to me, was more then a "rough start."

Thank you to everyone who kindly weighed in on this for me and didn't judge me for asking. I really appreciate seeing everyone else's point of view.
post #37 of 43
I do think you should consult with a lawyer, although it seems you have decided not to sue. Under the circumstances, it would make sense to know what your options are. In some states, you cannot sue for malpractice if your injury can be fixed, as yours was. Also, for what it's worth, I would reconsider using that midwife again, regardless of how you feel about her as a person. It seems to me that a lot of medical professionals made mistakes and didn't listen to you, and caused you a lot of needless suffering, but the first mistake was your midwife rushing off to court and leaving you in untrained hands.
post #38 of 43
well, I can only tell you that when I looked into med-mal after my ectopic (which could have been prevented/forseen if the ob's office had told me to have f-up hcg tests for several days after my "m/c") it is VERY hard to prove it. I talked to a half-dozen different lawyers who all told me that it would be very expensive for me to even do the investigation to find out if i had a case. in maryland, you have to have a doctor look at the records and make a recommendation that the situation could have been avoided, etc.

i do believe that you deserve some kind of recognition of what you went through.
post #39 of 43
I would not sue, but I also would not just do nothing.

First, I would get a copy of your medical records to have all the names and exact information on which doctor did what, then I would write each doctor who dismissed your complaints a heartfelt letter telling them of your distress, your ultimate diagnosis and treatment, and your recovery, and how all that could have been avoided if they had just done their jobs correctly and really listened to their patient. Perhaps they could use a reminder to treat their patients more compassionately, and maybe it will do nothing, but that's not the ultimate goal. I think it would be very cathartic to tell them how you feel, and possibly give you the closure you'd like to have.

I don't think that's something a lawsuit would do, personally. It seems like you'd lose an otherwise good care provider when all you'd really like is to acknowledge that you could have been treated better. It's a very long, drawn out process to sue, with no certain outcome. And as you have said, no lasting damage was done. If you really feel more action is needed than just a letter, at the most, I'd file a complaint against them.


Serendipity
post #40 of 43
no, I would not sue. I had a similar situation with a hemmorrage and coming close to death after childbirth, similar dizziness and anxiety, and did not sue.

I wish you healing from this birth, and the aftermath. It took me a couple years or four to fully recover physically.
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