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  1. #1
    Join Date
    Feb 2006
    Location
    Michigan
    Posts
    2

    Default Malpractice Case Following Death

    Hello..I recently posted on another forum and was met with insensitive hostility by medical "professionals" because of my situation.

    I have a question about negligence and failure to treat my son who passed away. I hired an attorney who said it will take him six mo. to investigate due to delays getting all of the medical records from 3 hospitals and an o.b. mean-while I want to know if I am right or wrong about investigating any wrong doing.

    Our son was born at a local hospital and seemed ok for 2 days. On the third day while I was at work my mother in law told the nurse my son was breathing fast. She ignored her and didn't look at him. Later that morning he was circumcised. I arrived later that day to take them home. While I was holding him i noticed he was breathing fast and shallow and shaking. I told the nurse and she said he was probably ok. I told her again that I was worried about him. She briefly looked at him and said sometimes babies do that.

    We were discharged and sent home. A couple of hours later we rushed to another hospital because he was still doing it. There he nearly died. He suffered kidney, liver, lung tissue, and brain damage due to coarctation of aorta. If he were diagnosed earlier he might have been spared all of the damage by administering prostaglandins. The PDA would have opened. Instead our son spent a month in a hospital trying to get well enough for open heart surgery. He passed away 5 days after surgery on ECMO

    The surgeon said that his lungs were pale grey because of tissue damage (escemia) from his previous insult. His heart quit after recieving protomine after the surgery. I know that the doctors and surgeons did all they could but I feel my complaint was ignored prior to his discharge at the first hospital, and may have contributed to his death and caused him suffering.

    Yes our son was very ill with a heart defect but survival of and treatment for co arc is very sucessful. Is it possible that the nurse ignoring our concerns may have contributed to our sons outcome in some way?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Malpractice and death of infant child

    I'm sorry about your loss, and the way you were treated.

    Unfortunately you are requesting what amounts to a medical assessment - which is something your lawyer presumably intends to obtain from an expert once the medical records are released by the hospital. (The hospital's failure to promptly produce the records indicates that the case has been referred to "risk management" or their lawyer; although that of itself doesn't mean that they believe themselves liable, as opposed to believing the case likely to produce litigation.)

  3. #3
    Join Date
    Feb 2006
    Location
    Michigan
    Posts
    2

    Default Reply

    Thank you...I understand what you are saying mean while we are wondering if there is even a remote possibility of pursuing legal action. We don't want to waste time and money but feel deeply that there was a gross negligence for not treating our son. It is very hard going through this and if it is not a viable case we just want to move on. Unfortunatly we will never get what we want....our son back.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Malpractice Case

    The problem is this: You don't want to go to a lawyer unless you are confident that you have a good case, but it would be hard to determine if you have a good case without having a lawyer (perhaps in association with a medical professional) evaluate your case so as to determine its legal merit.

    You should keep in mind that in many areas of the law, including medical malpractice, lawyers often have to screen through ten or twenty (or more) potential claims to find one with legal merit. That's not to suggest that your case doesn't have merit - I just want to put you into the perspective that it's okay to let the lawyer make that determination. A good lawyer won't mind.

    I had a very close call when my daughter was born - and while I was fortunate, I had a period where I didn't know if she would survive. It's an unthinkable loss; I really wish I could do more for you.

  5. #5
    Join Date
    Jul 2006
    Posts
    984

    Default Re: Malpractice Case Following Death

    Joe, I'm sorry for your loss. I was one of the people whom you thanked on that other forum even though what we had to tell you was not what you wanted to hear. I am posting those links so others may judge for them selves, I hope that in the ensuing months you and your wife have been able to process your grief and better understand what happened.
    http://www.oursonjack.org http://forum.freeadvice.com/showthread.php?t=316425 http://forum.freeadvice.com/showthread.php?t=305033

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