Opinions on a birth trauma lawsuit - Page 2 - Mothering Forums

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#31 of 43 Old 12-19-2007, 06:13 AM
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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.
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#32 of 43 Old 12-19-2007, 10:33 AM
 
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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.
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#33 of 43 Old 12-19-2007, 07:54 PM
 
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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.
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#34 of 43 Old 12-19-2007, 08:03 PM
 
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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.
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#35 of 43 Old 12-19-2007, 08:47 PM
 
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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.

There is a crack in everything...that's how the light gets in.
~Leonard Cohen~
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#36 of 43 Old 12-19-2007, 09:10 PM - Thread Starter
 
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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.
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#37 of 43 Old 12-19-2007, 10:27 PM
 
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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.
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#38 of 43 Old 12-19-2007, 10:42 PM
 
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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.

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#39 of 43 Old 12-20-2007, 01:43 AM
 
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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.


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#40 of 43 Old 12-20-2007, 06:02 AM
 
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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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#41 of 43 Old 12-24-2007, 09:12 PM
 
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I understand feeling like you missed out on the first part of your baby's life. I missed out on mine to PPD--many of my memories are negative. I definitely mourn the loss of those memories.

It turns out that moderation is the key to good parenting.  Too bad we aren't allowed to talk about that here.

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#42 of 43 Old 12-24-2007, 09:24 PM
 
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I wouldn't sue, but I would demand a voice with the hospital admin, the doctor's office and the town newspaper. I had a similar experience after a D&C when I lost a pregnancy between #2 and 3.

Amy ~ Web Designing Single Mom to 4: DD14, DS12, DS5, DS3
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#43 of 43 Old 12-24-2007, 09:39 PM
 
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Quote:
Originally Posted by lena1984 View Post
wow,lots of hugs mama

to answer your question.

No. i would not sue.
Only read the first page so far, but no, I wouldn't sue. I am sorry you went through all that though.

I have been in court, and it is a long, stressful, upsetting process. I wouldn't do it if you had the slightest doubt. And I don't think it would be a home run at all. You could go through all that time and stress and not get anything. And you'd have to get a lawyer to take your case contingent on winning - or you'd pay a LOT of money to a lawyer with no assurance of winning anything. You could lose a lot of money and time.

Don't lose any more time with your baby. I'd work through it with a counselor and move on. I hope this happens quickly for you. And I'd tell that coworker(?) to please not discuss it with you anymore. I don't think that is helpful for your healing process.
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