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  1. #1
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    May 2010
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    Exclamation Held Down During Very Rough Vaginal Examinations

    My question involves medical malpractice in the state of: Florida

    Well, first post. Me and my wife had our baby 3 Weeks ago in Shands Teaching Hospital. We went in for induction around 1PM on the 28'th of April and had a helathy 8Lb 2Oz baby boy at 9:43PM on the 29'th after 32 Hours in labor she pushed him out in 14 Minutes.

    I wish I could say it was a pleasant experience delivering her first child, however, the first attending physician that came in to our room and started performing procedures was Dr. Rodriguez, He was very rough I noticed in the first exam he kind of jammed his fingers in very fast/rough/hard with barely any surgical lube. That hurts... I'm no woman and it hurt me. Made my chest tight to see that doctor get rough with her like that. We figured hey this is different than the OB, this is medical induction and maybe it's just how they operate here. So we shrugged it off as it wasn't that bad. Well after the second exam, which was much rougher than the first, more intense jamming and no explanation of what was going on or what he was doing. This is 3 hours after the first exam and the first pill that is supposed to dilate her cervix has been in. She had still not dilated so he put another pill in and said he would be back in 3 hours. HEr blood pressure I noticed was abnormally high, indicating stress. I did my best to calm her down and relax her for the rest of the labor. About 3 hours or more later he came to do the third exam, as soon as he entered the room my chest tightened and I had to leave, I could not witness another of his exams without worrying about physically harming him myself. Knowing what I know now i'd break every one of his fingers, Twice. Upon returning to the room I noticed she was on her side and her eyes were red like she was upset, she was whimpering from pain. Not from contractions, from the EXAMS. She told me what happened, she said that he did the same thing, jabbed in hard and deep without proper lubrication and she said when she pushed up with her arms to back up in the bed so he couldn't get so deep that he pushed his elbow down onto her thigh to hold her down and with his other hand pushed down on the baby and said that it hurt her stomach too. Like I said, I'd have broken every one of his fingers, TWICE. After I heard that I was very upset, my chest was tight and I felt an anxiety attack coming on. I can only imagine how stressed she was. I told the nursing staff and requested another physician and when he came in I told him he was fired and to GTFO. The attending nurse checked her blood pressure when he came in that last time and indicated that it was elevated due to his presence, and all of this is logged in their computerized database. All blood pressure, contractions, and fetal heart rate. Well it was about 3AM and I told the nursing staff that we wanted the anesthesiologist, He came in earlier and talked to us and told us about the 3 types of pain medicine etc etc, we knew about this already. He then presented a form as 'this just explains that i told you about the 3 options, sign here' He gave no chance to read the form, which later turned out to be a waiver. This was, of course, signed under duress and would not stand up. But we will get to that in a moment. So he came in (the anesthesiologist) and we opted for morphine as it would make her and the baby sleep and rest up for the rest of the labor. At about 6AM a new doctor came in with the shift change and we gave permission for a vaginal exam. Still no change in cervix dilation and only a small change in effacement (from the pills). Once that doctor did the exam and she said it didn't hurt at all I was steaming mad. After that though she was fine and relaxed and as she relaxed I did as well. Well after another 3 hours when the new doctor came back her cervix had dilated to 3, the first change since her induction and we are 100% sure it is due to stress caused by Rodriguez. After all of that pain naturally and the slow cervical dilation we opted after 16 hours of contractions to get an epidural.

    The anesthesiologist comes in and we talk it over, he shakes my hand and promises he'll take care of my girl and we overhear his supervisor talking about a c section he is supposed to run an epidural for. Well we said it's ok go do that one so you cna take your time and do it right, he says it's no problem i've done hundreds of these we can do it real quick. I say no dont do it quick, do it right and take your time. He was very pushy and said lets just get it done now and she was in a lot of pain and said it's ok, I TRUST HIM, and We consented to an epidural. Well the first one went into a bunch of nerves and she said it felt weird and her back was spazzing. He did a test dose of blood pressure medicine and her heart rate spiked to over 170 in just a few seconds, they then said oh well that may be a false positive and decided to give her 2 more test doses of this medicine before removing it and then doing it ALL OVER AGAIN. The guy threw the stuff out there on the bed and I could tell he was rushing it. Now she says when she bends or moves a certain way she feels that exact same tinge that she felt with the first failed epidural.

    Well that's all of the issues really until birth, which was 14 hours after getting another doc.

    If it had been a good doctor from the beginning I think she would have had a much shorter labor and not had to have had the epidural just so she could sleep to get enough energy to push and That's why I think this is going to result in Malpractice and or Criminal charges being filed against the doctor, the anesthesiologist and the hospital.

    After all of that is said and done and we have the baby, she breastfeeds for only 30 minutes before the nurses (which came in every 5 mins and asked the same thing rushing us) finally convinced us to let them take him to the nursery for his quick checkup. Well we got anxious after 30-45mins and called the nurse and she called down there to the nursery and said that they were bathing him so we said ok, thats fine. Who doesn't want a clean baby after birth, right? Well another hour passes and we call back down to the nurse and she says oh hes just getting out of the bath they told me and it will be 30 minutes before he warms up under the lights. Now keep in mind this child has been gone for 2.5 hours at this point and we gave explicit instructions for no bottles no pacifiers. Well we get him back finally and we are being transferred over to the hospital across the street, the brand new building. It's a state of the art smart building, beautiful. We get itno a brand new room that has never even been used by another patient and things seem to be looking up. Until the nurse from the new building says that she has to take him off for a bath. We say woah wait we already waited over 2 hours for him to have a bath. And she says that transfers dont get baths because they might catch draft in the underground tunnel on the way over (which is heated/cooled and resembles a hallway more than anything) And she says ok, let me check. She pulls off his little hat and HE STILL HAD AFTERBIRTH ON HIS HAIR, he had not been washed. He laid there crying for 2.5 hours in the nursery and by the time we got him he was so exhausted he didn't want to latch on, indicating that either someone had given him a bottle of formula or sugar water or a pacifier causing him to forget the breast. Either way I was furious, I ran to the other hospital and asked for the nurse and told her and she was like OMG they told me they were bathing him. She called them and they said it was a mistake that they CONFUSED HIM WITH ANOTHER CHILD. So I demanded to talk to the supervisor, walked up to the desk next to the nursery and gave them all a little piece, er, Big piece of my mind. After being up for 32 hours. I have a written statement from one of the nurses explaining that she thought they were bathing another baby but it wasn't ours.

    Anyways after that I went back to the other hospital to spend some time with my wife and our new son. When I got in I was surprised she was still up. After 32 hours in labor I thought she'd be asleep. Well to make a long story a little shorter. After all that we stayed up with him the rest of the night, 5 some odd hours teaching him how to breastfeed because he was held too long from us and forgot how to latch. He lost 9 ounces that night to the next morning and was not even back up to birthweight 2 weeks later because of that slow start.

    I had to be the strong one through all of this for her but, honestly, I went downstairs and cried not letting her know. This whole experience upset me very badly. I'm glad she pushed him out in 14 minutes. All of the kegal exercises paid off, we went all out on this baby, our first, and ate only organic whole foods, no prescription drugs, exercise, everything. He is perfect and healthy and Exclusively Breastfed.

    I dont want this to happen to any other woman or family. We need a strong lawyer that will try our case or at least legal advice. Please do not flame or say anything derogatory, we are good people that have been mistreated and in my honest opinion deserve compensation.

    What do you think?

    Thanks so much for reading and replying.

  2. #2
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    Jan 2008
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    Default Re: Held Down During Very Rough Vaginal Examinations

    What do you think?
    I think you don't have a case for malpractice, and I think you need to take a big, deep breath.

    Firstly, the "quality" of the doctor has nothing to do with the length of labor. You can have no doctor at all, and have a 3 hour labor, or the best doctor in the universe, and a 40 hour labor, followed by an emergency c-section. I had a great doc. Didn't stop me from having precipitous labor. (That kind of sucked.) Some women respond well to induction, some women don't respond at all. Labor is what it is. It is different for every woman, and if someone told you there was an ideal or a standard, they were ill-informed.

    Secondly, cervical exams are uncomfortable under the best of circumstances (think annual exam). At Nine Months Pregnant And Thar She Blows? They often HURT. It's all very tender in there - there is, after all, something the size and hardness of a bowling ball bearing down on things, and that just sets all the nerves to screaming.

    The patient has options when an exam is uncomfortable. Like yelling "OW! THAT HURTS!" Doc doesn't know unless you say something - again, every woman is different. For that matter, every exam is different - if baby moves, it may hurt less.


    he was so exhausted he didn't want to latch on, indicating that either someone had given him a bottle of formula or sugar water or a pacifier causing him to forget the breast.
    Not latching on is not a reliable indicator of having been given a pacifier or sugar water, or anything of the sort. The poor boy just got squeezed and squashed for 32 hours, had drugs in his system, AND was forcibly ejected from a nice warm place into a bright, loud, new place. He wasn't tired from crying, he was tired from being born! And when you're that tired, learning how to eat is not easy. There's a reason that there are breastfeeding classes and LaLeche League. Breastfeeding actually can be very difficult at first. It didn't go perfectly the first night? Welcome to breastfeeding. This is not at all unusual, and it's not the fault of ANYONE.

    He lost 9 ounces that night to the next morning and was not even back up to birthweight 2 weeks later because of that slow start.
    And the pediatrician...diagnosed failure to thrive and suggested you sue someone? Clucked and said to nurse more? When my firstborn didn't hike back up to his full birthweight within two weeks, our pediatrician shrugged and said it looked like he wasn't going to pay any mind to the averages. Unless the pediatrician is worried, you have no reason to fret over this. Your boy decided not to pay any mind to averages, either.

    I'm not seeing malpractice here, and most certainly nothing that would merit criminal charges.

    What I'm seeing here is a nervous n00b Dad who is upset that the birth experience wasn't perfect. I see no damages, just a wounded ego because an unpredictable bodily function did not conform to some ideal, and some shock that the birth process turned out not to be sunshine and lollipops.

    Childbirth is messy and it hurts. Sometimes hospitals bathe the wrong baby. Sometimes doctors seem gruff or rough. Sometimes babies are too exhausted from being born to nurse well right off the bat. Sometimes they don't gain their birthweight back right away. Sometimes they get jaundiced. Sometimes they reject the breast after nursing happily for weeks. Sometimes they scream for hours upon hours for no discernible reason.

    And sometimes new parents overthink it all and get upset when the process is not beautiful and dreamy and stress free.

    He's healthy, he's perfect, and you've nothing to sue for. Breathe. Enjoy your son. Stop stressing. You'll have plenty of time for stressing when he's doing things like asking you for the car keys.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
    I'm training for the MS Society's Bike to the Bay - and blogging about it!

  3. #3
    Join Date
    May 2010
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    5

    Wink Re: Held Down During Very Rough Vaginal Examinations

    Yes but a doctor has no right to do anything without informed consent. She was not made clearly aware of what he was doing beforehand. The doctor tried to manually dilate her cervix and was rough and forceful, I guess you did not read where I stated that once she got a new doctor, not just one new doctor but a total of 5 doctors and nurses checked her after him and she indicated that none hurt like the first doctor and every single one told her exactly what they were doing beforehand and while they were doing it. Clearly adhering to informed consent practices.

    When I spoke with the head of the nursing staff for the two hospitals before leaving and told her our story, she was mortified and said that if we took legal action then they were in trouble. She informed me that he had no right to do that without informed consent and i'm sure her medical observations are more acute in assessing a situation of this caliber than yours.

    This is medical malpractice. She would not have had the same experience under care of a different doctor or at a different hospital. Blood pressure levels went up when he was in the room and we compared them to the times when other doctors were performing exams and there was a very clear difference, too large to throw up to chance considering that 5 docs/nurses BPR's were lower.

    Stress plays a big role in childbirth, you are obviously and grossly misinformed if you think that it does not. Babies have not been born due to women being in stressful situations, requiring emergency c-sections. it's the bodys natural reflex. Your body will not let your baby out if you think that some harm may come to him, it simply will not cooperate and you will hold him in longer.

    If you are in a safe calm environment your birth will be smoother. As for your attacks on my person, I am far from a n00b father. I have brothers that I have helped raise since birth and guess who was there with our mother when they were born, yep, me.

    I've changed more than my fair share of overflowing diapers and held more than one womans hand while she was giving birth and none of the experiences resemble this one.

    My wife was very scared during the exams, too scared to tell even me how they hurt until after the fact. She was too scared of the doctor and too proud to scream ow. She took it like a real woman even when she didn't have to and was undergoing a painful procedure being held down by a doctors elbow in her thigh.

    You need to apologize for your lack of candor regarding this or kindly bow out of my thread and make way for someone that can provide me real information based on federal and state laws in my area and reference the laws that state that I do have a case.

    There will be no talk of negativity here. This thread was started for informational purposes and if you dont adhere to this request I will contact a mod.

    We dont need legal forums trolls aggravating an already tender situation with their nonsensical blabbering.

    If anyone has any real information that would help further my agenda, please reply. If not then do not post. Thank you all very much for reading and caring.

  4. #4
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    Default Re: Held Down During Very Rough Vaginal Examinations

    Um, sweetheart, she IS a mod. And when you post on a public board you don't get to make the rules as to who responds, how they respond, or what they are required to do when you don't like the correct answer.

  5. #5

    Default Re: Held Down During Very Rough Vaginal Examinations

    I've given birth 10 times, and concur with LRM. My dd gave birth just last month, and believe me, it was no hayride. In most cases, the wellbeing of the baby is more important than the comfort of the mother. Different docs have different bedside manners.

    Rejoice in the fact that you have a healthy baby boy at home, that mom is fine, and let this one go. If you choose to have another child, seek different medical care, in a different facility if necessary for the comfort of your wife.

  6. #6
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    Default Re: Held Down During Very Rough Vaginal Examinations

    Your body will not let your baby out if you think that some harm may come to him, it simply will not cooperate and you will hold him in longer.
    It took me ten minutes to collect myself from laughing at the absolute absurdity of this nonsense. Whoever told you this is full of...meconium.


    You need to apologize for your lack of candor regarding this or kindly bow out of my thread and make way for someone that can provide me real information based on federal and state laws in my area and reference the laws that state that I do have a case.
    Seems to me that you're mad about my actual candor, not lack of same.

    I've given birth twice. How many times have you done so? Sorry, I actually have first-hand experience in what childbirth is like. It's not a pleasant experience, ever.

    It hurt and your wife was scared and stressed out. Her, and every other woman that has ever given birth. This is not actionable, and no one is going to create laws just for you to sue.

    No, I'm not going to apologize for explaining reality to you.


    This thread was started for informational purposes and if you dont adhere to this request I will contact a mod.
    You do that.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
    I'm training for the MS Society's Bike to the Bay - and blogging about it!

  7. #7
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    Default Re: Held Down During Very Rough Vaginal Examinations

    ok missy, here's your medical update on stress and childbirth.

    How Perception Affects Childbirth

    When a person feels threatened, whether real or imagined, adrenaline is released. The hormone adrenaline is a potent hormone, which alerts the limbic system in the brain, or the "fight-or-flight" response. Adrenaline belongs to the catecholamine family of hormones which are responsible for stimulating the body to a state of high alert.


    When this reaction is triggered, blood is diverted from the main organs to the limbs, heart rate increases, body temperature rises, digestion slows, and breathing becomes rapid and shallow, all of which are bad news to women giving birth.


    For women giving birth, these physical manifestations of stress or anxiety will divert blood from the uterus, cause your body to tense, and increase your breathing rate. In short, this reaction is a natural birth nightmare. When this reaction occurs, you will most definitely experience pain.

    Source: http://www.givingbirthnaturally.com/...naturally.html

    If your an internet researcher, why dont you research something instead of accusing me for being responsible for your lack of knowledge.

    There's something called personal responsibility, it's a trait most humans have. Either your inhumane, incompassionate or your just a ignorant swine that doesn't care about anyone or anything but herself and tries to belittle people to make herself feel better.

    In looking at your other posts I can see more and more that you are completely and utterly misinformed. Get off these forums and do yourself and everyone else a favor and shut up. Your idiotic viewpoints and inability to focus on the topic at hand and instead incite a flame war against me is being noted in every post you make. You dont have to apologize to me because it's very plain to see your a sorry individual. I wouldn't expect an apology from someone like you. Karma will have it's way.

    Having said that I am grateful for having a healthy baby. We love him to death and he is a very happy boy. I never said that I wasn't happy with my baby. In fact i'm holding him in my arms as i finish this post.


    Again:
    There will be no talk of negativity here. This thread was started for informational purposes and if you dont adhere to this request I will contact a mod.

    We dont need legal forums trolls aggravating an already tender situation with their nonsensical blabbering.

    If anyone has any real information that would help further my agenda, please reply. If not then do not post. Thank you all very much for reading and caring.

    All continued flame postings will be reported to the mod of the forums. Thank you everyone for posting I appreciate the eternal optimism here regarding our case.

    Little baby Ian waves at you all and smiles. Have a good afternoon everyone.

  8. #8
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    Default Re: Held Down During Very Rough Vaginal Examinations

    There will be no talk of negativity here. This thread was started for informational purposes and if you dont adhere to this request I will contact a mod.
    Well? I'm waiting for your complaint to land in my in box, so I can yell at me.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
    I'm training for the MS Society's Bike to the Bay - and blogging about it!

  9. #9
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    Default Re: Held Down During Very Rough Vaginal Examinations

    Wesley, you are wasting your time.

    First off, Missy is correct. Second, Missy IS the mod of these forums, as I already told you.

    No one is going to post any information that is helpful to your case, because you HAVE no case. No one is going to post links to any state or Federal laws that are helpful to you, because there are no state or Federal laws that are helpful to you. There is no optimism regarding your case, because you have no case.

    Once again, you do not get to dictate who responds or how they respond. You certainly are not going to get an apology - no one owes you one.

    I moderate another forum, and if you show up there with the same attitude you've shown here, you won't be a member long.

  10. #10
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    Default Re: Held Down During Very Rough Vaginal Examinations

    wesleymiller;422943]

    When a person feels threatened, whether real or imagined, adrenaline is released. The hormone adrenaline is a potent hormone, which alerts the limbic system in the brain, or the "fight-or-flight" response. Adrenaline belongs to the catecholamine family of hormones which are responsible for stimulating the body to a state of high alert.




    When this reaction is triggered, blood is diverted from the main organs to the limbs, heart rate increases, body temperature rises, digestion slows, and breathing becomes rapid and shallow, all of which are bad news to women giving birth.
    and you don't think the stress, pain, new situations, and a lot of other things haven't already cranked her adrenaline sky high already?



    Hell, some people get jacked on adrenaline when somebody they don't like walks into the room. childbirth is an adrenaline high even when things are perfect. How do you think a woman can deal with the contractions for a day or two and not collapse long before the party is over? She is running on pure adrenaline buddy.


    For women giving birth, these physical manifestations of stress or anxiety will divert blood from the uterus, cause your body to tense, and increase your breathing rate.
    Oh, and you don't think the actual contraction does just exactly that?

    In short, this reaction is a natural birth nightmare. When this reaction occurs, you will most definitely experience pain.
    Yep, I have always heard childbirth is painful. I have yet to speak to one woman that did not experience some level of paid during childbirth. Some experienced a LOT of pain.



    .





    If anyone has any real information that would help further my agenda, please reply. If not then do not post. Thank you all very much for reading and caring.
    the only problem I see in the entire situation is you apparently experienced a doctor with a really poor bedside manner. That's it. Everything else you have posted, even if it was not typical, is not a serious problem. Your rantings about Ian not latching onto mom are simply comical. I know of children that simply would not breastfeed yet you are screaming that it was something the nurses did to your child.

    It sounds like you are a bit high strung there Wes. If you thing you have a case, contact some lawyers that practice med-mal. If they will take the case on contingency, go for it, but remember come to on back and tell me I am wrong but I don't think it is going to happen.

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