Page 3 of 3
Re: Rejected by lawyer
Posted: Wed Aug 03, 2005 5:13 pm
by admin
Was what is the harm?
Re: Rejected by lawyer
Posted: Wed Aug 03, 2005 5:28 pm
by cindyh
They said after reviewing our case that their expert
felt that there was not enough to prove that the ob deviated from accepted standards or medical practice. There was not enough in the record to prove our case.
I don't think our income was a deciding factor, I don't think they even asked about our occupations.
Re: Rejected by lawyer
Posted: Wed Aug 03, 2005 6:07 pm
by PeggyF
This was during our trial, not deciding to take the case or not.
The decision was easy...the OB delivered both of my children with shoulder dystocia and BPIs--my first was transient at 9lbs 12oz and my second was permenant and severe at 10 lbs, 7oz. Even if you have a great case, you still need the right lawyer (which I believe now that we absolutely did not; we could have even had help from a lawyer who did handle BPI cases, but our lawyer wouldn't dream of it--against my wishes!)
Re: Rejected by lawyer
Posted: Wed Aug 03, 2005 9:05 pm
by admin
We were rejected by 4 lawyers and then I had 2 that said I had a case. So keep trying!
Re: Rejected by lawyer
Posted: Sat Aug 13, 2005 3:28 pm
by admin
bump
Re: Rejected by lawyer
Posted: Sun Aug 14, 2005 1:14 am
by admin
Peggy, did I read right? Both of your babies have OBPI? I cant imagine! Was it the same OB/GYN?
Sandi
Re: Rejected by lawyer
Posted: Sun Aug 14, 2005 1:23 am
by PeggyF
Yes, you read correctly and, yes it was the same OB/GYN. My son (first born) was "transient" and did recover. They didn't use the term "brachial plexus injury" (at least not that I remember) with him--but they did say "Shoulder Dystocia" and I thought his shoulder was bruised or something--because they told me it would resolve itselg and it did. However, with my daughter it was much worse and I came to learn more and more about brachial plexus injuries and what had actually transpired with my son's delivery/birth. I had to have emergency surgery after my son was born. I was hemmeraging and they couldn't stop it, so I wasn't exactly "with it". My daughter came 21 months after.
Peggy