Frustration!!!

Forum for parents of injured who are seeking information from other parents or people living with the injury. All welcome
MichelleBrockwell
Posts: 26
Joined: Mon Feb 07, 2005 12:55 pm

Frustration!!!

Post by MichelleBrockwell »

I realize that I am writing about a legal matter & that it's "not a smart idea" to sign in, but I was under the assumption that I could write about my feelings here so anyone that posts or privately emails me saying otherwise prepare to be FLAMED!!!

Here goes...

We have been turned down by 3 lawyers in NYC all saying that it would basically be a waste of time because they can't prove ashlee will have any permanent damage. To me, that just doesn't seem right. I want my Dr. to know what hell he has put us thru!(I hope your reading this this, you heartless swine!!!) I want justice for my daughter. I want be able to tell her I did everything in my power to fight for her win or lose.After the 3rd turn down I thought about going to my Dr. & hashing things out with the hope of closure. But Michelle, you have given me hope! If you can fight for Makai then I'm not giving up either!! I'm so proud of you!! I don't understand why these Dr.s get to be martyrs. If anyone else had hurt her it would be criminal!I realize that even if we win he will still get to practice medicine but I want him to think twice before doing this to another family!!!
Thanks for the vent.

Michelle
mom to ashlee
8 months LOBPI

Lauren (Brooke's mom)
Posts: 73
Joined: Tue Aug 02, 2005 1:48 pm

Re: Frustration!!!

Post by Lauren (Brooke's mom) »

Michelle,

I understand your frustration! We have been turned down once so far and have been waiting for a response from lawyer #2 for about a month now. It's so hard to watch Brooke go through all of this and not be able to find someone to help!

My daughter Brooke is also 8 months old LOBPI. I would love to chat with you since it seems like we are in similar situations. What is the extent of Ashlee's injury? Better yet, what is her birthday? Brooke's is January 1st.

Hope to talk to you soon,
Lauren
Grandma Lou in NH
Posts: 31
Joined: Tue Aug 23, 2005 8:39 am

Re: Frustration!!!

Post by Grandma Lou in NH »

I am so sorry that you are going through all of this.

Welcome to the club!!!

We are here to support each other and venting is part

of support. We all vent, now and again so vent

away.We understand .. Best wishes,

Lou
Tanner's Mom
Posts: 288
Joined: Sun Oct 03, 2004 12:29 pm

Re: Frustration!!!

Post by Tanner's Mom »

Michelle,

Vent away, that's why these boards are here. I am so sorry to hear that you have been turned down by 3 lawyers. It is so frustrating and simply heartbreaking. Sometimes people are turned down 10 times before finding an attorney, and other times they never do find one. It all just seems SO unfair. ALL of these children deserve justice and some compensation for this unnecessary, horrific injury. Boy, you are so right in your statement, "if anyone else had hurt her it woudl be criminal!" It is simply unbelievable what they continue to get away with, especially those that go on to harm multiple babies.

Thanks for caring. Don't give up the fight. If you can't find a lawyer, there are other ways to help make a difference. This bpi world needs fighters like you. Right now your emotions are overwhelming, but someday that passion and spunk will help you find a positive way to find some justice and promote change. Hang in there and take care.

Lisa
ChristinaSanta
Posts: 3
Joined: Thu Sep 08, 2005 9:45 am

Re: Frustration!!!

Post by ChristinaSanta »

Trust me, I know what you are going thru too. I have a almost 2 year old little girl that was born with BPI and Horners Syndrome. I was scared, angry and hurting for my daughter. She was in so much pain it was hard to even burp her after her bottle feedings. I want justice for my daughter also. I have been turned down one time already and I am waiting on lawyer number 2 to do something about it. James Socolove is very good I hear and I am considering going with him. I live in the Martinsburg, WV area so if you need to talk or if you are close enough, maybe we can meet or just talk. I don't know of any parents in this area that have a child with BPI. I was trying to go to the UBP Camp 2005 but was told I was too late to attend. Please email me to talk.
katep
Posts: 1240
Joined: Mon Mar 29, 2004 3:20 pm

Re: Frustration!!!

Post by katep »

Michelle,

The hard truth is, lawsuits have essentially nothing to do with punishing the doctor, or teaching them anything. They are really only about money.

Lawyers are in business to make money. They may believe in what they are doing, as well, but primarily it is a *job*. They get paid part of what you get paid, and you and your daughter would get paid according to how severe her injury is (if you sucessfully proved your case). You can have the best case in the world, but if there isn't any money in it for the lawyer, they aren't going to take the case. Even an easy case costs a lot of money to pursue. You could look into funding the lawsuit yourself, but I don't think many parents can take on that risk themselves.

The other thing lawyers don't tend to emphasize, and which I see mentioned very little on these boards, is that you can file a complaint with the medical licensing board in your doctor's state. This complaint is *not* about money, but about bringing to their attention that the doctor did something wrong. It's true that if anyone else hurt your daughter like this, it would be looked into criminally.

A complaint to the licensing board is the equivalent of getting the police involved. I urge you to look into it. I also urge anyone who is pursuing a lawsuit to also look into filing a medical complaint... if your doctor truly shouldn't be out there hurting other kids, this is much more likely to actually stop them. And it doesn't cost you anything.

Kate
admin
Site Admin
Posts: 19873
Joined: Mon Nov 16, 2009 9:59 pm

Re: Frustration!!!

Post by admin »

What Kate said. Also, at least others down the road can look up a doctor's license and see if a doctor has a problem before seeing them.

Tom
MichelleBrockwell
Posts: 26
Joined: Mon Feb 07, 2005 12:55 pm

Re: Frustration!!!

Post by MichelleBrockwell »

I never said I didn't filed a complaint already to those who assumed I didn't. That was not the subject of my vent or my post.
CW1992
Posts: 860
Joined: Fri Nov 02, 2001 12:41 pm

Re: Frustration!!!

Post by CW1992 »

Hey Michelle,
In our case we waited to see how much my daughter would get back and then we filed when she was almost 6 because by that time we knew that she would never have full use of her arm. We had years of therapy appts, doctors appts, and so on all filed that helped our case. I'm not sure if I am helping you any (I'm trying to!!) It might be hard to prove the long term effects when the child is still so little and maybe that is why the lawyers are backing away - because they do not know down the road yet how your child's life might be changed.

This is surely the place to come and vent - scream - and just let your feelings out. We all understand those feelings!! I'm glad you vented! I always tease the kids and say, "Mom's gonna blow!!" LOL Just vent when you get frustrated! Good luck to you!!!
Christy
User avatar
brandonsmom
Posts: 1401
Joined: Mon Nov 22, 2004 4:43 pm

Re: Frustration!!!

Post by brandonsmom »

We tried two lawyers one who blew us off completely and one who said, come back if he needs surgery. I kinda blew her off after the surgery and she ended sending someone to my house to check and see if we were okay. We did end up signing with her and ended up settling out of court......we are good friends to this day......sometimes it takes a while to find a good one.......also, she told us the if it resollved without surgery we wouldn't have a case !!!
Gayle
Locked