Is BPI always the doctors fault? (legally)

Forum for parents of injured who are seeking information from other parents or people living with the injury. All welcome
admin
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Re: Is BPI always the doctors fault? (legally)

Post by admin »

Remember parents, it isn't about you, it's about your child. You are your child's agent in this matter. You need to stand in and be strong - for them. You may not be the "suing type", but you're not the one who is permanently injured. This insn't a frivolous fender-bender lawsuit where someone is claiming "my neck or back hurts." This is a debilitating life-long injury cause by a trained professional who should know better.

Sure, it's a difficult and emotional path, but be strong!! It's not you, but your child, who will have to endure a multitude of surgeries and therapies. A lifetime of teasing, annoying questions, and out right abuse. When you're long gone, it will be your child who will have to live their the later years of their life with pain in both arms due to imbalances and overuse of the unaffected arm.

I am not the suing type either. I waited until it was almost too late to file a suit. I heard the mantra like many others "wait and see" or "nerves regenerate 1 cm a month" or "We won't know the extent of the recovery until he is 5 years old". Hogwash!!!!

Even if you don't win, you'll get to see the doc who injured you child and sit in on his deposition and hopefully get an answer to the question "What were you thinking when you decided to yank out my child?"

YOU MUST STAND UP FOR YOUR CHILD!!!! BE STRONG!!!! THIS INJURY IS PREVENTABLE!!!!

Yes, we're grateful our kids are alive and they are beautiful gifts, the doc did a great job saving them. But ask yourself, what did they save them from? The danger that they palced them in to begin with. Our kids are amazing with how they cope with this injury. There's a lot of covering up they do too, so we don't always see how it really affects them.


Oh and one more thing, the doc who injured our child had several other cases brought against him. It actually helped our case that he had this prior activity. Of course, he probably shouldn't have been practicing any more. By filing you case and possibly winning, you may be helping someone else down the road by possibly preventing this guy from injurying another baby.

Yes, these cases are lost, but find a good lawyer who is familiar with these types of injuries. Explain what happened and if they take the case, you'll know you have a good chance. Malpractice suits are not easy to work and and are very expensive to prove, so if the lawyer take the case there's a good chance you'll find out some things about your delivery and your doc that you probably should know, but didn't.

STAY STRONG FOR YOU CHILD!!!
Mandie
Posts: 429
Joined: Tue May 21, 2002 4:46 pm

Re: Is BPI always the doctors fault? (legally)

Post by Mandie »

CW, thanks for your input. Sarah was his first injury and he is doing things different now. I live in a small town, so everyone knows just about everyone, and i have friends that have had babies since me. FOr instance, one of my friends was induced early because of her ultrasounds showing a big baby. At first I was very angry that we had to be the mistake to help him to learn. God tells us to forgive those who hurt us. God has been so great to Sarah and her arm.
I understand that not everyone is the same. I just feel like I should continue posting my experience because someone might feel the same way and be afraid to say it. I want them to know that they are not the only ones and not everyone is angry, etc. My post are not meant to cause someone anger or anything.

Mandie
anon for legal

Re: Is BPI always the doctors fault? (legally)

Post by anon for legal »

Christy,

Just wondering how you found out your doc had done this to other kids? I've been trying to find out, but keep coming up against roadblocks.

CW1992
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Joined: Fri Nov 02, 2001 12:41 pm

Re: Is BPI always the doctors fault? (legally)

Post by CW1992 »

Thanks Mandie,
I guess we all just need to talk about our own experiences - and thanks for understanding. It is great to hear that your doctor does not have a history of this - I guess that it just crushed me completely when I found out that my doctor did have a history of injuring babies. Sarah might end up being the reason this doctor does not hurt other babies - she is a hero in a way.
It is always great to hear your input - and everyone elses too!:)
Christy
CW1992
Posts: 860
Joined: Fri Nov 02, 2001 12:41 pm

Re: Is BPI always the doctors fault? (legally)

Post by CW1992 »

Hey Anon for legal - our lawyer told us and then years later I was contacted by someone doing an article who knew the history. It's hard to understand how he can keep doing this.
Christy
CW1992
Posts: 860
Joined: Fri Nov 02, 2001 12:41 pm

Re: Is BPI always the doctors fault? (legally)

Post by CW1992 »

go to 'ask jeeves' www.ask.com and type a question like "who is' insert doctors name'
it's interesting what you'll find!
Christy
admin
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Joined: Mon Nov 16, 2009 9:59 pm

Re: Is BPI always the doctors fault? (legally)

Post by admin »

Remember parents, it isn't about you, it's about your child. You are your child's agent in this matter. You need to stand in and be strong - for them. You may not be the "suing type", but you're not the one who is permanently injured. This insn't a frivolous fender-bender lawsuit where someone is claiming "my neck or back hurts." This is a debilitating life-long injury cause by a trained professional who should know better.

Sure, it's a difficult and emotional path, but be strong!! It's not you, but your child, who will have to endure a multitude of surgeries and therapies. A lifetime of teasing, annoying questions, and out right abuse. When you're long gone, it will be your child who will have to live their the later years of their life with pain in both arms due to imbalances and overuse of the unaffected arm.

I am not the suing type either. I waited until it was almost too late to file a suit. I heard the mantra like many others "wait and see" or "nerves regenerate 1 cm a month" or "We won't know the extent of the recovery until he is 5 years old". Hogwash!!!!

Even if you don't win, you'll get to see the doc who injured you child and sit in on his deposition and hopefully get an answer to the question "What were you thinking when you decided to yank out my child?"

YOU MUST STAND UP FOR YOUR CHILD!!!! BE STRONG!!!! THIS INJURY IS PREVENTABLE!!!!

Yes, we're grateful our kids are alive and they are beautiful gifts, the doc did a great job saving them. But ask yourself, what did they save them from? The danger that they palced them in to begin with. Our kids are amazing with how they cope with this injury. There's a lot of covering up they do too, so we don't always see how it really affects them.


Oh and one more thing, the doc who injured our child had several other cases brought against him. It actually helped our case that he had this prior activity. Of course, he probably shouldn't have been practicing any more. By filing you case and possibly winning, you may be helping someone else down the road by possibly preventing this guy from injurying another baby.

Yes, these cases are lost, but find a good lawyer who is familiar with these types of injuries. Explain what happened and if they take the case, you'll know you have a good chance. Malpractice suits are not easy to work and and are very expensive to prove, so if the lawyer take the case there's a good chance you'll find out some things about your delivery and your doc that you probably should know, but didn't.

STAY STRONG FOR YOU CHILD!!!
admin
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Posts: 19873
Joined: Mon Nov 16, 2009 9:59 pm

Re: Is BPI always the doctors fault? (legally)

Post by admin »

All I wanted to add to this thread is that BPIs ARE preventable. Why are they preventable? They are preventable for different reasons. They are preventable from observations during the pregnancy all the way until the actual birth when proper manuevers and positions should be used. This injury does not have to happen. To me, saying this injury is not the doctors fault is just like saying that a child who falls off of a very high wall from walking on the edge of it with the mom watching is not the mothers fault. I know we all have different opinions, but sometimes you have to include facts. JMO.
~Krista~
admin
Site Admin
Posts: 19873
Joined: Mon Nov 16, 2009 9:59 pm

Re: Is BPI always the doctors fault? (legally)

Post by admin »

Remember parents, it isn't about you, it's about your child. You are your child's agent in this matter. You need to stand in and be strong - for them. You may not be the "suing type", but you're not the one who is permanently injured. This insn't a frivolous fender-bender lawsuit where someone is claiming "my neck or back hurts." This is a debilitating life-long injury cause by a trained professional who should know better. Sure, it's a difficult and emotional path, but be strong!! It's not you, but your child, who will have to endure a multitude of surgeries and therapies. A lifetime of teasing, annoying questions, and out right abuse. When you're long gone, it will be your child who will have to live their the later years of their life with pain in both arms due to imbalances and overuse of the unaffected arm. I am not the suing type either. I waited until it was almost too late to file a suit. I heard the mantra like many others "wait and see" or "nerves regenerate 1 cm a month" or "We won't know the extent of the recovery until he is 5 years old". Hogwash!!!! Even if you don't win, you'll get to see the doc who injured you child and sit in on his deposition and hopefully get an answer to the question "What were you thinking when you decided to yank out my child?" YOU MUST STAND UP FOR YOUR CHILD!!!! BE STRONG!!!! THIS INJURY IS PREVENTABLE!!!! Yes, we're grateful our kids are alive and they are beautiful gifts, the doc did a great job saving them. But ask yourself, what did they save them from? The danger that they palced them in to begin with. Our kids are amazing with how they cope with this injury. There's a lot of covering up they do too, so we don't always see how it really affects them. Oh and one more thing, the doc who injured our child had several other cases brought against him. It actually helped our case that he had this prior activity. Of course, he probably shouldn't have been practicing any more. By filing you case and possibly winning, you may be helping someone else down the road by possibly preventing this guy from injuring another baby. Yes, these cases are lost, but find a good lawyer who is familiar with these types of injuries. Explain what happened and if they take the case, you'll know you have a good chance. Malpractice suits are not easy to work and and are very expensive to prove, so if the lawyer take the case there's a good chance you'll find out some things about your delivery and your doc that you probably should know, but didn't. STAY STRONG FOR YOU CHILD!!!
admin
Site Admin
Posts: 19873
Joined: Mon Nov 16, 2009 9:59 pm

Re: Is BPI always the doctors fault? (legally)

Post by admin »

I know I must sound like a lawyer, but I’m not!!! We have a case that is very close to settlement and I must remain anonymous! I tried to post this message several times and it’s quite frustrating that I can’t get my message across. We have a friend whose husband is a PT. When she heard we might go the legal route, she commented to the effect “why are you suing? Things happen. It’s only his arm?” Boy did that tick me off. I angrily responded “What do I tell my son, when he’s old enough to ask me “How did this happen” and eventually realizes that we didn’t act on his behalf to get him compensation for all the things he (unnecessarily has to face in life.) I knew it would be a long hard confrontational road, but I would walk over glass and hot coals for my kids. Mrs./Mr. board moderator, here is my message, please do whatever you can to post it!

Remember parents, it isn't about you; it's about your child. You are your child's agent in this matter. You need to stand in and be strong - for them. You may not be the "suing type", but you're not the one who is permanently injured. This isn’t a frivolous fender-bender lawsuit where someone is claiming "my neck or back hurts." This is a debilitating life-long injury cause by a trained professional who should know better. Sure, it's a difficult and emotional path, but be strong!! It's not you, but your child, who will have to endure a multitude of surgeries and therapies. A lifetime of teasing, annoying questions, and out right abuse. When you're long gone, it will be your child who will have to live their the later years of their life with pain in both arms due to imbalances and overuse of the unaffected arm. I am not the suing type either. I waited until it was almost too late to file a suit. I heard the mantra like many others "wait and see" or "nerves regenerate 1 cm a month" or "We won't know the extent of the recovery until he is 5 years old". Hogwash!!!! Even if you don't win, you'll get to see the doc who injured you child and sit in on his deposition and hopefully get an answer to the question "What were you thinking when you decided to yank out my child?" YOU MUST STAND UP FOR YOUR CHILD!!!! BE STRONG!!!! THIS INJURY IS PREVENTABLE!!!! Yes, we're grateful our kids are alive and they are beautiful gifts, the doc did a great job saving them. But ask yourself, what did they save them from? The danger that they placed them in to begin with. Our kids are amazing with how they cope with this injury. There's a lot of covering up they do too, so we don't always see how it really affects them. Oh and one more thing, the doc who injured our child had several other cases brought against him. It actually helped our case that he had this prior activity. Of course, he probably shouldn't have been practicing any more. By filing you case and possibly winning, you may be helping someone else down the road by possibly preventing this guy from injuring another baby. Yes, these cases are lost, but find a good lawyer who is familiar with these types of injuries. Explain what happened and if they take the case, you'll know you have a good chance. Malpractice suits are not easy to work and are very expensive to prove, so if the lawyer take the case there's a good chance you'll find out some things about your delivery and your doc that you probably should know, but didn't. STAY STRONG FOR YOU CHILD!!!
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