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Babies: 0 - 3 Months
charlaNIKol
member
Would you sue? (sorry, long)
charlaNIKol
member
Girls, I need some honest opions but please go light on any snark or flames. I am having a hard enough time as is.
Last night my cousin came over w/his new girlfriend. He'd told her a little about my difficult delivery and she asked a few questions and then said that sounds like medical malpractice. I suggest you call this attorney and at least go in for a free consult. She is an employment/personal injury lawyer for employeers.
Basically here's how the delivery went. Went in to be induced due to severe PIH, water broken at 6:45, pitocin at 7. Progressed very slowly, doctor had them upping the pitocin every 1/2 hour. By late afternoon, decided they'd overloaded my pitocin receptors and so they stopped responding, backed off the pitocin hoping I'd progress, but started throwing around c/s possibility. Got an epidural which worked for a few hours.
Evening nurse comes on and once again, doctor is talking c/s because it's been over 12 hours and I think I was only about 5cm. I'd come in at 2cm. She tells the nurse she's going home but to call her and update her.
Epidural stops working entirely, my blood pressure drops way low and I start throwing up. All night I was so sick. Nurse checks me and says I 'think' you're a 6 (this was about 10pm), but let me get another nurse to check. Other nurse comes in and says yeah 6, but I can stretch you almost to a 7. I tell them I need pain meds, they give me a bolus (sp?) for the epidural. Helps a little, so I try to sleep.
Nurse checks me again and says I'm about a 7. Has the other nurse check and she says yes. My nurse said she'd only been there 2 weeks and so was new to all this. She tells me to try not to use the bulos so I can feel when to push.
I'm in serious pain by morning and the nurse calls the anesthesiologist to have him give me another epidural. While he's on his way, she checks me and says you're fully dilated, time to push! So we push for almost 3 hours.
All the while I'm telling her I don't feel him coming down and it hurts like a mutha!
Day shift nurse comes in and can't believe I'm still there, in labor. Finally after almost 3 hours of pushing with him not coming down at all, the doctor comes in and checks me. At this point we're pushing 28 hours from induction. Immediately she says stop pushing NOW, you aren't even fully dilated. She says she's sorry, this should've never happened. They start me on antibiotics.
She said his head had been shoving against my cervix so it swelled up, no way he was coming out naturally, c/s here I come. It's about 9 am now. B was born at 9:53.
During the c/s, I kept telling them I feel sharp pain, and they'd say it's just pulling and tugging. I said no, sharp pain. I was in tears and shaking it hurt so bad. I got to see B for a second and then he was whisked away. I didn't see him again for 6 hours, then I could breastfeed him and all.
During that 6 hours, they put him on antibiotics due to my water being broken more than 24 hours before he was delivered. They tried unsuccesfully to get an IV in, so he had bandaids on his thighs, feet, hands, and bruises to go with them, plus bruises on his head where they'd tried to do the IV there. So for 3 days he got 5 shots of antibiotics a day, plus multiple IV attempts. They said they had to do all of this or he would get sick. Finally on the 4th day they got the IV in and we came home on the 5th day. I was so drugged up I had a hard time talking to the dr's or I'd have refused to let this happen.
They also did an xray because when they checked his heart beat it sounded like it was on the wrong side of his chest. So they wanted to see if it was just his heart, or all of his organs. Turned out he had a pneuma thorax (sp?) and had to be watched for that.
They put a jp drain in my incision and on the 4th day, I was walking in my room and it just fell out.
We finally get home and after about a week and a half, my incision comes up and is draining everywhere. Call the on call doc, she says normal, but go see my doc the next day (happened at 10pm). Go in the next day she says keep it clean and gauze over it. Go in a week later, it's worse. They stick long q tip things in to see how bad the tunneling & tacking is and then tell me it'll have to be packed daily by a home health nurse. Should heal in a few days. More antibiotics though because it's getting infected.
2 weeks later, it's healed enough that I can pack it myself. A week later it doesn't need packing anymore. At my 6 week check up she burned me with silver nitrate, which turned my skin black, but it did help it heal. She once again says she's sorry I've had such a rough experience, none of this should've happened. Took 3 months for the hole to close up entirely. And now in the middle of my scar there's a nickle sized scar. She signed me back in to work at 8 weeks even though the nurses were shocked since my incision was still open and the risk of a potential staph infection (that's what they said).
No one ever asked how I was doing, if I was ok, explained what was going on even when I asked. I felt like I was an idiot because I should know what was going on and that's why they weren't explaining things to me. Like a lot of people I'm having serious issues dealing w/the whole c/s and everything related to it. So I realize I should've been more proactive in the whole situation, but it was such a whirlwind I couldn't think straight.
I don't want to be sue happy and sue for no reason, but I also feel like the whole thing shouldn't have happened. I don't want it to happen to anyone else.
Again, please go easy on any flames or snark...
This discussion has been closed.
Re: Would you sue? (sorry, long)
Holy crap that's long - sorry!
I also wanted to say that I am very thankful and happy that we are both healthy and there were no major problems. I know it could have been so much worse, but it still shouldn't have happened at all.
I don't have any advice for you.
I'd just like to offer you a hug. That is all.
omg i'm so sorry you had such a hard time. ::Hugs::
i would definitely at least talk to a lawyer. if it's a free consult you got nothing to lose. then you could find out if you have a case.
i can't believe all this junk you went through. and some of the things it seems like they just did it for no real reason. things that maybe didn't need to happen... GL
I would definately go see a lawyer. First of all, they should not have had a nurse checking on you all night with no doctor coming in to check you in addition, I would think. There are on-call doctors for that very reason. 2nd, it sounds like your epidural wasn't working during your emergency c-section based on the fact that it was so painful for you. They should have listened to you and knocked you out with general anesthesia when that happened. It is not unusual for the epi not to work, and they usually knock you out so you aren't in pain (that's what they did with me). 3rd, it sounds like they botched your c-section incision. Don't know what they did, but there could be a claim for damages there. 4th, the standard practice is that you don't let someone labor more than 24 hours after their water breaks. Someone (or several people) really dropped the ball here.
Don't wait to long to see a lawyer. You should do it while the emotional and physical scars are still fresh because it will help your case.
I don't think this is a case of "medical malpractise". In order for a doctor to respond to a problem, a nurse has to call him/her to share the information. It sounds like the night you were in labor the nurse thought you were moving along and they did not contact the physician.
In terms of the post operative course and the baby needing antibiotics, I also do not think that is malpractise. I also had a post-op complication after my cs - had an abscess that had to be drained. The incision did not open up like yours though. Unfortunately it is a risk with any surgery.
I would chalk it up to a really really difficult situation that you and your baby had to go through, but I personally would not pursue litigation.
(I'm glad you guys are doing well)
I would beg to differ. That's exactly what it sounds like.
1. it is the labor nurses job to check dilation, so that was appropriate.
2. going under general anesthesia would have resulted in meds getting to your baby, so I'm not surprised they didn't jump to doing that.
3. post op infections are a risk of surgery. they do not mean an "incision was botched"
I'm sorry you had such a horrible experience! But no, I don't think you should sue, for a multitude of reasons. I agree with pp, they didn't intentionally do anything wrong, and in situtations like that (how far dilated you are, etc, it can vary by opinion, etc...)
Doctors are also pretty protected when it comes to stuff like that, so I think it would just be a costly thing on your end without results. This is entirely different, but I had an oral surgeon (when I got my wisdom teeth out) he accidentally severed my nerves and I lost feeling in the whole bottom of my face and as soon as he told me I would probably never get feeling back in my face, he instantly said "oh, and you can't sue me, you signed waivers to be here, etc..." So that tells me they have the legal system a little more on their side than you do, especially since there was really no malicious wrong doing.
Sorry for your situation!
Ditto this, and it sounds like maybe she receives kickbacks from sending people to talk to them.
DS1 born June 2008 | m/c at 9w March 2011 | DS2 born April 2012
Thanks ladies, and I really appreciate your help.
I hadn't thought about writing a letter, that's a good idea.
Also, the nurse only came in to check me when I called for her. I didn't sleep any so I know she didn't come in while I was sleeping. The IV machine went on a blitz and was saying error, air in line. She couldn't figure out how to fix it and said there were no more IV machines.
My doctor admitted to me that she went home and fell asleep watching the olympics.
That's because people are sue happy and out for their get rich quick scheme. Example - Suing McD's for hot coffee.
exactly.
why do you think insurance costs so much?
I agree, we live in a very litigious society.
To me, it sounds like you were just unlucky and got a lot of the bad risks and side effects happening. What you describe are known side effects of epidurals, surgery, etc. Your cervix may have been fully dilated when the first nurse checked it and then swelled by the time the second nurse checked it. I don't really see anyone being negligent.
But if it would make you feel better, you should talk to a lawyer. Obviously they will be more experienced at analyzing your case than I am.
Your situation sounds awful but it doesn't sound like malpractice to me. I understand wanting to blame someone but I don't know if this is a situation where anyone is at fault.
I also had complications from my c/s that my doctor apologized for and told me she feels guilty about (although she doesn't know what she did wrong b/c she tried to anticipate the problem). I also caught a nasty infection in the hospital which probably could have been avoided. It was a sucky situation, but, honestly, I just want to move on from it. My stance is that regardless of what went wrong, at the end of the day they saved my life and my son's life (twice).
I still feel sad and scared about what happened but as is the case with everything in my life, every day I feel a little better about it. I definately think you might want to get some therapy to deal process what happened and your feelings about it.
I think i'd have to agree w/ the other posters in that it's prob. not a malpractice case, but if anything i'd certainly write a nice long letter to the president of the hospital where u had care and make them aware of the situation. Not that it will probably do much, but like you said, it may update their procedures and make them more aware for future patients.
I too had a hard time w/ long labor, c-section, infection, etc. I partially blame my Dr for not bringing me in sooner to do the c-section. She basically told me that she was exhausted that night. So I got the next dr on staff, at 9am. I should probably have had it done more like 2-3am. I was bleeding pretty badly and the new Dr on call basically ran me into the OR that morning. I didnt know what to say of do tho because Dr's will make up excuses why or why not they did things. Sucks.
This is exactly why I'm very hesitant to do anything. I don't want to sue over something stupid like hot coffee from McD's, which is why I asked your alls opinions of whether you feel this is worthy of litigation.
And I have started to see a therapist and joined a c/s mom's support group, but still feel like a lot of balls were dropped.
I'm going to call for a free consult and see what he says. Doesn't mean I will sue even if he says I have a case, but then at least I'll know.
Thanks again!
i would sue....but i just think its horrible that you went through all that!!! ?(maybe you should talk to a lawyer....)
i had a really bad nurse during the night after my labor, she was new as well, she pulled my epidural out without asking the doctor, she dropped my IV connector about 5 times and my husband had to remind her everytime that it just hit the dirty floor....i was in labor for 27hrs...my blood pressure fell really low and i threw up and passed out....it was bad!! but yeah, labor sucks!!! i would talk to a lawyer about your CS though ...
so sorry!!!?
?
Also, even if you don't sue, a nice letter on lawyer letterhead to the hospital can often get things taken care of. Just to make them "aware" of exactly what balls were dropped. Sometimes, just a hint that you've discussed the situation with a lawyer will be enough to get action. Just another thought.?
I am so sorry you went through this, and I'm also happy to hear that you are both doing well now.
Unfortunately, while you CAN sue for anything, I don't know that you'll be able to win this case, but that is entirely your decision.
You should contact the hospital and get the information on who handles their patient complaints, and then file a formal, written complaint. You should have been fully informed throughout everything that was happening....had you been informed, you might be understanding of everything that happened and why that can happen.
So sorry
agree, agree, agree. i was checked by my nurse all day & night. also, didn't peyton manning & tom brady have surgery for post op infections? i don't think they are suing.
no offense, OP. but it seems like regular surgery risks. i'm so sorry you had to go through all this. it sounds horrible. if anything, i would talk to your doctor about how you feel about it.
I agree. I am also a RN and float between mother baby unit and pediatric unit. I think it is very unfortunate that your labor happened as it did but it doesn't sound like malpractice. You could have been fully dialated just as your nurse thought, however when you push for a long period of time, it can cause irritation to your uterus thus causing it to swell making it difficult to get the baby out and may often result in a c section. As far as your baby goes, they were following procedure in administering antibiotics. Babies are very hard to stick, imagine trying to get a needle in a vein as little as a piece of thread without puncturing it. If it was my child I wouldn't have been happy about the number of sticks they did, however I would have insisted they do whatever they had to do to make sure that he got the antibiotics. Trust me I would take the bruises over my kid developing meningitis or a number of other infections that could occur that could potentially be deadly.
I really think you should write a letter to the hospital administrators, your doctor, and the labor/delivery directors explaining what happened to you. This way they will know you are upset about what happened and they may even write off your medical bill. If it would make you feel better to consult with a lawyer then do what you have to do, but if it were me I would just write the letter and see what results from that.
Good luck!
If it's a free consultation, I would at least go talk to someone. IDK if you have a case or not, but you could at least look in to it and decide from there. I would ask a lot of questions regarding the burden of proof and what you would have to go through if you do sue. After such a terrible experience, it may be better to just let it go if it is going to be a lot of work and stress on you.
For sure I would find a new doctor and hospital. Also, hospitals have patient advocates and avenues by which you can file a complaint. It doesn't sound like your doctor necessarily did anything wrong, but the inexperienced nurse should have been better supervised. I would file a complaint with the hospital regarding the care she gave you. It seems really weird that you were allowed to push for 3 hours w/o the doctor. My doctor checked me before I was given the green light to push and he was there for most of the pushing. I feel like there was some miscommunication there, too.
(Disclaimer--this is not legal advice. I am not a personal injury lawyer and may not be licensed to practice in your state. This is just general information about medical malpractice).
I'm a lawyer, and I would not sue. Medical malpractice is the hardest case to win in a lawsuit. To prove malpractice, you have to prove by a preponderance of the evidence that the medical provider (doctors, nurses, hospital) fell below the standard of care of regular providers in similar circumstances. Essentially, you have to prove how it's supposed to be done, and that your providers didn't do that. The ONLY way you can prove that is by medical expert testimony. Many doctors won't testify against other doctors. If you did find a doctor who would testify, he/she most likely would be a "paid expert" who testifies all the time for extremely high fees. I think the going rate for when I was in law school was approx $1,000 per hour (which, by the way, you pay for). Also, you had better believe the first question asked by opposing counsel is "how much are you being paid to testify here today?" which is admissible evidence that the jury would hear.
Also, you have to prove damages. Were you damaged? Try proving it. Bruises, pain and a birthing horror story is not exactly going to get you a huge payout (and about 1/3 of anything you'd get would go to your attorney, with the other 2/3 being used to pay for all your court costs, filing fees, etc.) In reality, people expect labor/childbirth to be painful, so a jury would have a really hard time filtering out regular pain vs. damages. And I must say, in our sue-happy socieity, most people think medical malpractice plaintiffs are just out to get rich, so you'd have to overcome the jury's pre-conceived notion that you're just being a greedy wuss with a low pain tolerance (not meant to be snarky at all).
Finally, you have no evidence. So, your doctor apologized and said it shouldn't have happened? Inadmissible heresay. The jury will never hear that. The only evidence you'd have is your testimony about how painful it was, the testimony of biased witnesses (your family/friends/whatever) about what you went through (none of whom are doctors, right?) and any photos you may have kept of the bruises, incision, etc. Keep in mind that evidence would go against the testimony of all the doctors and nurses saying they did everything normally, the testimony of fellow doctors talking about the standard of care and that they would do the same thing in the same circumstances, and the fact that you'd be sitting in the courtroom, 100% whole and healthy, with a whole and healthy baby.
I'm only telling you this so you get a realistic picture of what a med mal lawsuit actually looks like. You very well may find a lawyer to take your case. There's a lawyer out there who would take any kind of case. I'm not giving you an opinion either way on whether or not you'd win. I'm just telling you how I think it would all go down and all the obstacles you'd face.
Sorry you had a lousy experience.
What exactly would you be going after? Money for pain and suffering? Although some of the judgement calls that were made may be questionable it is not lawsuit worthy. I am a L/D nurse and we get called to give statements all the time when they think people are going to sue or have some right to sue so I'm no stranger to this. However for a lawsuit there needs to be some insult/injury caused by their actions or lack there of. It sounds more like you had a bad case of Murphey's law. You had a lot of bad things happen to you and I don't think anyone would argue that mistakes were made. However now that all is said and done it sounds as though you are healed, and you have a happy/healthy baby. I agree that writing a letter to administration would be a good idea and they will take it seriously and probably contact you for an opinion on your care.
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