Does anyone have a lawyer reccomendation? - Mothering Forums
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#1 of 9 Old 08-20-2012, 09:06 AM - Thread Starter
 
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 A year ago, tomorrow,  I recieved an unauthorized cesarean section. The Obgyn knew I had plans to have a homebirth and that I was there for pain management for an unrelated issue. He insisted that I get a c-section because my daughter was breech even though I was not due for another month and the CPM that I train under is trained in breech births. This is also followed with the fact that I not only had a proven pelvis, but a previous sucessful breech birth. I also had a month left to go before she was due. I was in histarics over his idea and never consented. I was sedated through my IV against my will and woke up on the operating table. This has caused major depression over the past year, complications with my ability to finish my own midwifery schooling and has increased my risk of vaginal birth for future children.

 

 I am having the hardest time finding a lawyer to take my case, which is causing me even more issues with my mental health. The closer we get to tomorrow, the more the panic attacks and tears come. I really need this closure. I have written them several times over the past year telling them how much they have hurt me.  I am trying so hard to be happy.. it will be my baby girls birthday tomorrow and I can do nothing but cry when trying to even think about it.

 

I just need an attorney who will help me.


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#2 of 9 Old 08-22-2012, 11:16 AM
 
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WOW. I am simply horrified to hear your story.

 

It's crazy that your OB insisted on a CS! If you were only 36 weeks, it's possible that your baby could have turned by the time you went into labour anyway!

 

I wish you a lot of luck. I hope someone can help.

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#3 of 9 Old 08-23-2012, 08:31 PM
 
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 I could imagine lawyers not wanting to take this on as a civil case because the damage that occurred, to your mental health, future childbearing, and education, is not something juries really go for-- they typically award for damages you can easily put a dollar figure on, and show very clear and easy damage (i.e. injury to the baby or a complication after your surgery)  But from a criminal perspective- maybe you could look into going to the police and filing assault and battery charges, and you CERTAINLY should bring it to the medical board that issues his license, neither of which requires a lawyer.  But suing him or the hospital realistically probably won't go anywhere and IMO you should consider addressing this in a way that might be successful.

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#4 of 9 Old 08-28-2012, 09:31 AM
 
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That is so horrible. I don't really have a lawyer recommendation, I don't agree that your case wouldn't go anywhere, I hope you keep looking because it sounds like a very strong case to me. Is there a legal aid organization in your state? maybe they could give you advice.  Also, medical review board you should go to for sure, and it certainly wouldn't hurt to go to the police as well.  Maybe this has happened to more people than just you, and if you could press charges other people would come forward. What happened was clearly illegal.   I am so sorry that that happened to you!

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#5 of 9 Old 08-29-2012, 03:01 PM
 
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I agree with the police report idea, also, the local BBB is a good place to complain about the hospital too.  I'd be on yelp, yahoo, anyplace you can write a reveiw about a location write your story up about the hospital, google has reveiws too.  That is so completely wrong its mind-boggling.  Enjoy your baby girl, and be happy that you have her safely home, but don't stop looking for justice because you deserve it.

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#6 of 9 Old 08-29-2012, 06:35 PM - Thread Starter
 
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Originally Posted by Ratchet View Post

 I could imagine lawyers not wanting to take this on as a civil case because the damage that occurred, to your mental health, future childbearing, and education, is not something juries really go for-- they typically award for damages you can easily put a dollar figure on, and show very clear and easy damage (i.e. injury to the baby or a complication after your surgery)  But from a criminal perspective- maybe you could look into going to the police and filing assault and battery charges, and you CERTAINLY should bring it to the medical board that issues his license, neither of which requires a lawyer.  But suing him or the hospital realistically probably won't go anywhere and IMO you should consider addressing this in a way that might be successful.

Thank you. I will be looking into this.


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#7 of 9 Old 08-29-2012, 06:41 PM - Thread Starter
 
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Thank you guys. Yes, I have been posting feedback where I can.. but I usually dont make it past 2 or 3 reviews before I have to back off the computer in tears. I have now consulted with approx 72 lawyers.. 2 of which gave even a half a thought at helping me and agreed to review the medical records and ask a few experts what the "standard of care" is in my case.  The sad issue is.. none want to take the case until they hear that I am willing to pay all expenses.. My feelings are that if they dont have confidence enough to go at it on contengence.. then I am not going to pay them. I want someone who is confident in their ability to win and desire for justice.


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#8 of 9 Old 09-01-2012, 11:54 PM
 
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Originally Posted by fairyandgnome View Post

Thank you guys. Yes, I have been posting feedback where I can.. but I usually dont make it past 2 or 3 reviews before I have to back off the computer in tears. I have now consulted with approx 72 lawyers.. 2 of which gave even a half a thought at helping me and agreed to review the medical records and ask a few experts what the "standard of care" is in my case.  The sad issue is.. none want to take the case until they hear that I am willing to pay all expenses.. My feelings are that if they dont have confidence enough to go at it on contengence.. then I am not going to pay them. I want someone who is confident in their ability to win and desire for justice.

Doesn't it say something, though, about the reality of jury trials, that you're finding it so hard to find a lawyer who will take your case? It's not a question of talent, or confidence, or desire for justice. It's plain old experience speaking. But I agree with your instincts, I don't think you should front your own money, because at the end of the day, if you're going to lose, I'd hate to see you lose money along with all the stress of trying and losing a personal injury case. 

I agree with the suggestion to find a legal aid group (or alternatively, a law school legal clinic) who will be willing to take your case. They won't mind the odds being against them so much.

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#9 of 9 Old 03-19-2013, 02:12 PM
 
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Hi Fairy

 

I know this is kind of an old post but you should still be inside the statute of limitations for personal injury. I would specifically look for a medical malpractice attorney.

 

The only issue is medical malpractice is very expensive. It costs the lawyer up for  $200,00-500,000 / case to try which is why most lawyers dont like these cases vs a car accident or something a bit easier to prove. Most of the law firms will front this since they practice on a contingency fee basis. This is good because it means anyone of any socioeconomic background could afford a PI lawyer, its also bad because it means none of them worth their salt will take a case that they believe dont have a decent enough profit margin to cover their cost. I understand your desire for justice, but most people that only hope for justice in the legal profession will be very disappointed. Its sort of a game of cat and mouse sometimes, and unless you can prove the doctor was negligent and hurt you in some way the chances of winning are slim.

 

Most personal injury cases involving medical malpractice include surgical error, wrongful death, birth injury *to the child* and things like failure to diagnose, but im not sure what kind of case you could have with this :[ im sorry.  


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