Is BPI always the doctors fault? (legally)

[admin]

My definition of hate, maybe too strong but it is the closest thing I have come to it. I had 9 ultrasounds and 1 bio physical profile to determine his weight, all said 7 lbs. I said this was not right. You are at the most suppose to wait 2 hours. I was told by several attendind nurses that it shoul only take between 11/2 to 2 hours for first babies, 1/2 to 1 hour for further babies. Check this out this may be something you want to look into.

[m&mmom]

With Melanie I had a normal progression of labor. My labor flow sheets were reviewed. With Matthew I had a prolonged second stage of labor which was another reason I should have had a c.

Cindy

[admin]

Generalities aren't as important as your specific case.
The best person to answer this question as it relates to you and your child is an attorney. I suggest you find one who knows BPI and can look at all the evidence in your case. Suing is a drag, but it's worse to let a negligent doctor injure your child without even attempting to get some justice and some justifiable compensation.
There's nothing wrong with looking into legal help. Doesn't mean you have to go that route, but at least you won't look back 20 years from now and tell your child, "The OB might have been negligent, but I didn't even try to find out." That's the scenario that haunts me. Good luck. It's so hard. We've been there.

[admin]

Hi, I think in my case there was no negligence. My daughter weighed 8 15 and she came extremely fast with no pulling or tugging. She came out with severe bruising, two black eyes and broken collarbone. Where I find the negligence, is the pediatrician who confirmed the broken collarbone but sent us home the next morning with the comment of "oh it will heal in about two weeks, just don't pick her up under the arms". I saw her 2 weeks later, where she felt the big lump and said that means it was healing. We left Alberta and moved to British Columbia and it was at the 4 month check up where she was diagnosed with torticollis, and then plagiocephaly. 2 months later, was diagnosed with Erb's Palsy. She has had 2 PT appointments and I am now informed that she needs a helmut to correct her poor little head and have no idea as of yet the extent of the brachial plexus injury. Will be getting nerve conduction tests by next week and now also a collar for the torticollis and winging scapula. It makes me very angry to talk about this when I feel I should have been warned or diagnosed with this. Thanks for any response or anyone else in a similar position.
Dawn.

[Primrose]

ITA with Connie. Not everyone sues, just seems like that if your main contact is the UBPN boards. No offense meant, just a statement of fact that most people who post vocally here do sue. I think it's a very individual situation, and I agree 100% with whoever suggested consulting an attorny if you are in doubt. I was one who had no risk signs, my DS wasn't even macrosomic. Only 3 oz bigger than DD who had delivered perfectly healthy and fine previously. After weighing and replaying our situation time and time again, and discussing it endlessly we opted not to seek litigation. My main point in posting is before you assume "everyone" is doing something maybe you should check out alternate sources also. Not everyone affected with BPI is active here, and a lot of people are not doing a lot of things.

[admin]

Dawn,
I don't know if it is the Doctor's fault per se, but it was definintely her responsibility to inform you that the limp arm should arise concerns and that BPI can be an unfortunate by product of a broken collarbone. PT is the best bet your daughter has now and I would endeavor to find one who is willing to go the long haul and do neurodevelopmental treatments along with some myofascial work and appropriate stretches. Good luck!
Debi (pediatric PT)

[Mandie]

We did not sue either. I do not blame the doctor at all. The doctor is not God and could not see into the future to know what was going to happen. When it came down to it, it was either get her out now, or do an emergency section and risk brain damage. Doctors are human, and like all humans, we make mistakes. I couldn't love Sarah more than I do today!

[admin]

We love our children no matter what happens to them. I love my child more than anything in the world and I don think it is possible to love my child more than I do today.
What I am trying to say is that this injury is preventable. The job of the doctors is to see what the future holds. When we are discussin medical conditions it is their job to know what can and may happen. Thats what doctors are for. They are there to help us be healthy when a health problem may arise from risk factors. Doctors can predict heart attacks may happen from risk factors such as, high blood pressure, being obese, smoking, stress, etc. Same goes for a mother to be and the mothers child in her belly. If you have the risk factors is may happen so lets be prepared. The difference is that doctors know how to handle heart attacks and they do the same treatments for people who suffer a heart attack. With a BPI the doctors do not handle the situation correctly. Many do the wrong thing or nothing at all to prevent it. This needs to change.
Yes, you love your child. I must also say that you child could have been delivered with no injury at all if your doctor did the right thing. It was his job to get her out, you are right. But, it was his job to get her out properly, without an injury, and he did not do that. In my opinion, it is the doctors fault in all cases and that is the reason why people need to be more aware of this injury and its risk factors.

[CW1992]

Mandie - Please I am not trying to start a fight or anything - just wanted to post. I felt exactly like you do when Brittney was younger. I thought that the doctor saved her. I couldn't walk for 5 weeks after she was born and she could not move her arm - and I was 'thankful' that we both made it. Britt's Kindergarten teacher is the one who helped me better understand - I think I was just trying to cope with everything and I did like my doctor at that time. The plain fact is - there are risk factors that EVERY doctor should know, and it is their job to deliver the baby safely - that is why you go to them. I found out that my doctor had injured babies before AND after my daughter was born - so he is not learning from his mistakes at all - he just keeps doing it. A doctor should know what they are doing and how to deliver a baby safely. Emergencies do come up - but when the signs are there that an emergency is likely - they should see that. It hurt so much when I found out that my doctor had a 'history' of this. Maybe this was a random birth with your child, and maybe he did do whatever he could to save her - but it would be good to find out how many other children this doctor might have injured. I hope I am not coming across wrong here because we are all in this together - I'm just giving my thoughts here. I do feel that my daughter needs to be compensated for her life long injury and someone changing her life because they did not know what they were doing. She deserves it.
Christy

[Mandie]

I understand your anger, and i respect your opinion. But not everyone feels the same way. Not everyone has the same experience. To say that each and every doctor is responsible means that someone would have to know each case in its detail. I am not saying that NO doctor is at fault EVER. I have heard many storys that prove their ob/gyn is very much at fault. I was just speaking about my case. Sorry to make anyone feel like I was speaking for all.

Mandie