Do I have a case against the hospital?

Stephanie - posted on 08/15/2010 ( 3 moms have responded )

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How do you know if you should Sue the hospital? My daughter was premature 28weeks. She first had PVL which they told me while she was in the NICU. They also stated it might turn into CP. Which it did. My daughter is now 20months old and she has been rolling over for about a month. She still needs support to sit and we are at least getting her in the crawling position. I am just not sure if I even have a case. The doctors stated they believe it was caused by placenta primivera. When I get checked into the hospital she was ready to come out. I had a c-section because she was breach. Any help?

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Lisa - posted on 11/02/2010

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Its a long and expensive journey my friend. I tried suing my doctor for not c-sectioning my 12lb baby and breaking our bones to deliver him (my pelvis, tailbone and his arms), leaving him oxygen deprived and CP resulted. Sounds simple and clear cut doesn't it? Well, its not. The doctor was found negligent but not accountable. So zero liability. I took this to the appeals court and on to the Supreme Court and we still lost. It was over $100,000 of our own money and that was on a contingency basis. The lawyer was still entitled to a 35% cut if we won. Dr's stick together, mine lied under oath as did the nurses involved. They told a story other than what really happened. And documents around my son's birth went missing from hospital records. Its a really uphill battle. You may be better off saving for her future now. It wouldn't hurt to see a lawyer to have them hear your side of it. I had one of the top lawyers in the country who doesn't take losing cases. We were all stunned. I hate to sound so negative but it was a real eye opener for us. And an expensive lesson. Good luck to you and your daughter. Through lots of therapy my son walked at 5 and at 12 became a black belt in Tae Kwon Do. So we did win in a way.

Carma - posted on 09/21/2010

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I am by no means a doctor or a lawyer but it sounds to me that it was going to happen reguardless what extra measures the hospital takes. Being such a young preemie is enough alone to put her in jeopardy of being a cp child. My son is just sitting up on his own within the last 2 months. He is 21 months old now. We ( myself and early on) are about to order him a wheelchair. At first I was sad that we even considered wheelchair but, I do see more improvements and I know that one day he will walk even if for short distances. Hang in there, everything will be fine.

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