A Couple of Questions....

[amie0709]

Hello! I introduced myself and my daughter a couple of weeks ago....I have a bit of an update and a couple of questions....
We had her EMG today. It showed thta the issues were with C-5 and C-6...the doctor noted it was moderately severe.....torn, but not ruptured. The damage afects her biceps, shoulder, and wrist extension...said the triceps was not affected.
My questions......
1. We are going to Cincinnati's BPC. Any RECENT experiences with them? In posts I've read form awhile ago, it seems like they are pretty conservative with surgery....I, of course, dont WANT Steph to have surgery, but I dont want to miss an opportunity either.
2. (I dont want to start a debate with this....) How do some of you decide to pursue legal action, or NOT? I never thought of it bc I viewed what happened as "it was either her arm, or her life"....where does it become negligence?

Thanks for everyone's input!

-Amie

[dunloe]

How do you feel about the EMG results? I vividly remember the day of my child's EMG. I don't know what was worse, holding her to keep her still or getting results that I didn't understand.

I have learned to shy away from controversy. If I were to seek legal advise and I didn't have an attorney, I would write letters seeking guidance from my State Attorney General, my Delegate, and my Congressman. You would kill two birds with one stone: you would further increase awareness of the BPI, and you should get some leads on respected lawyers.

All the best.

dunloe

[claudia]

Amie:
The docs in Cinci are wonderful. But, as much as I like them and respect them...I always recommend that you get 2-3 opinions. Any doctor worth his salt will not be bothered by the second or third opinion. The best ones will welcome the added voice. Go on our website's medical resource page and contact a few more doctors. It will only benefit you.

As for legal action...the reality is that your ob mismanaged a delivery. The argument of "the arm or the life" is a standard defense for the obs. Request your medical file and your daughter's file from the hospital. Tell them you are moving and want to have the paperwork to bring with you, but you don't know whom your doctor will be yet. It is amazing the fiction included in those pages. Oh, and if they tellyou it has to be sealed and only a doctor can open it, tell them fine. And then open it when you get home. They are YOUR files.

If you don't know an attorney, I recommend that you do two things. One is ask around. The other is (in my opinion) a better choice. Open the phone book to Bar Association. Call your local Bar Association (it is a organization for lawyers) and tell them you need referrals for a medical malpractice attorney. They will probably give you a few names. Call all of them. Interview them. Talk to them. Only an attorney can tell you if your case has merit. In my opinion they all do, but from a truly legal standpoint, there is a case that has to be made. Now, if you really believe you have a case and a lawyer tells you no, go ask another attorney. And keep asking attorneys until you find one who believes your story--no matter what was written in the medical reports.

good luck,
claudia

[Jake'smom]

I think the question of whether or not to pursue legal action is really personal. We decided not to because our son's injury isn't that severe and we didn't think it would be worth it financially. I wish you could sue for an admission of guilt and an apology, b/c that's really what I want! If you have questions you should contact a lawyer b/c there are statues of limitations in certain states. You only have a certain amount of time after the birth to file litigation. Good luck with whatever you decide.

[cassidysmom]

Hey Amie
I'm Dawn mom to Cassidy 14 months ROBPI...I think legal action is such a personal choice,you have to do what feels right to you....nobody can dispute that.....for us we don't care about the money(we live in Canada and all her treatment is covered) so that way we don't have to worry...the thing I care about is the awareness....that this doctor doesn't do to someone else's baby what he did to mine. There are other ways to go about raising awareness other than legal action,but again it's a personal choice. I hope you are able to make the choice that is best for you and your family....just research,research,research...you can't know too much!
Hugs to you and yours
Dawn

[Ben's Dad]

Hi Amie,
Great question...I've pondered it myself more than once. As mentioned, getting the medical records would be a good start and you will need them if you decide to proceed with a case because an attorney will want to review them.

I do want to ask this question: If you knew that your only choice when giving birth to your son was to have an injured (BPI), a brain injured child or a child that dies at birth, would you have chosen the same OB to deliver your baby? Does that mean your doctor was negligent per say..no, but I believe it's worth finding out if he/she did something he/she shouldn't or didn't do something he/she should have.

I work in the legal profession, but I've learned a lot about medical malpractice, more than I ever wanted to. Things like: the meaning or "emergency", that most cases are won by the defendants than plaintiffs, where your case is brought could effect outcome because of the jury pool, the quality of expert doctors your attorney uses...I could go on and on.

We went to trial, lost, appealed (at our cost) and won the appeal. My feeling is and was..when something doesn't feel right..you know. Also, I wanted to be able to tell my son when he is older, whatever the outcome, I tried my best to get him compensation for his pain and suffering, as a child and what he will deal with for the rest of his life in one way or another. Hope this helps.

[Kristie]

I feel it is important to have more than one opinion. When Ian was little we often got 3! Now a days we usually just get two. One from a peds ortho surgeon locally and one from a BPI specialist. I feel confident in both these docs. And I am pleased with my son's outcomes. And I think it is great to dicuss with the doctor the other opinions you have been given (after s/he give their thoughts that is).

The entire reason I even looked into legal action was because I felt it was my responsibility to do so for my son. I have come a cross adults with this injury who seem to have more than their nerves damaged (i.e. their emotions). My hope has been to do all I can to be sure my son receives as full a healing as possible which included seeking restitution for his loss. I don't want him to think that we didn't do all we could have for him regarding his injury. We had to drop our case. But I am glad that we attempted it.

[Carolyn J]

THANK YOU, Kristie, for recognizing Emotional Injuries(also called the Secondary Injuries of OBPI) someof us adults deal with all of our lives. FYI, as adults it is usually "Flashback Memories" we often talk of on the "Adult & Tens With OBPI Message Board; you all are welcome there too.

My opinion is that your children wil be grateful and Proud that you tried to bring "that" Dr./nurse/etc. to Justice on their behalf. I certainly would and am honored to too read of it myself, even now at my age!
(I grew up in the Dark Ages..LOL)

HUGS,
Carolyn J
LOBPI/69

[amie0709]

Thanks, everyone, for your responses!
We have an appointment on the 24th...I was surprised how quickly they got us in!
I worry mostly about Steph's emotional side also...I know she will be able to adapt physically...it just breaks my heart to think of her suffering mentally bc of anything....

[Carolyn J]

Dear Amie,
FYI, "Emotional Stuff" is beter when parents are "tuned in" , but not overly hovering. Please don't stress yourself out about this; your daughter is a very resilient girl, all BPI-er are, & we find our own coping skills when not in the bosom of our families. Also, don't forget, we are here for both of you..I hope there will son be a mesage board just for teens to talk to one another..L)

HUGS!
Carolyn J
adultLOBPI/69