What a gorgeous daughter you have!! Stay strong, you ARE going to make it through this. You are Cindy's hero and the bond you have formed through this is stronger than steel. Take one day at a time and remember that God loves you and Cindy. Even when it seems so dark, he is with you. I love that Cindy keeps beating the odds day after day!!!!
Yay!! So happy you posted her sweet picture! I too cried tears of joy when I saw her. She is absolutely beautiful and so much joy in her eyes and smile. You are an amazing mom and I'm so happy to hear she is improving and defying the odds and you will soon be able to take her home! That is such wonderful news. I too believe it's not uncommon to have to need another surgery for this so hang in there momma! You and Cindy are sooo strong.
What an amazing little girl. Your updates made me so happy. I hope she recovers as much as she can so she can live life to the fullest bc you both deserve that so very much! She is beautiful! Thank you for keeping us updated! God bless and i will keep you in my prayers.
@aleecats my heart broke for you girls when I read your story. Im am glad little miss Cindy is doing well! Do they know if she is able to see? She looks like she is focusing on the camera! Continued prayers coming your way!
I was wondering this as well. I am so happy to read the positive updates, Cindy is obviously a fighter and a beautiful little girl. Continuing to pray for you and your sweet baby. Take care!
So she can see something but they can't confirm how much yet, but she's able to track and focus so those are good signs!
And and hey I need your advice ladies, after talking with Cindys case worker she noted that my pediatrician saw signs of this weeks ago but didn't take the right steps. I contacted a lawyer to see what I could do about this (I've had issues with her pediatrician from the moment I met him. He treated me like I was stupid because I was a young mother, I told him on multiple occasions it was not reflux or her formula that something was wrong he told me it was just gas everytime.), the lawyer told me if I can get an extensive copy of her medical records I have a good malpractice case but im not sure that I should. I'm never going back to this pediatrician but I don't want this to change his life or anything. He was an ass to me but he was amazing with Cindy he's great with kids... Should I move forward with this? Would you?
If you think he should have caught it earlier and you fear for his other patience safety I would move forward with it but you already have so much going on in your life. It would likely take precious time away from Cindy to move forward with it and she needs her mommy more then ever. Totally your call.
I absolutely would move forward. The pedi is a mandated reporter and if the caseworker has proof he saw things and didn't report, he needs to be called to the carpet for that. Not only should you do it for Cindy, do it for the future children he may see who are being abused. He needs to learn to report when necessary. I don't know much about malpractice law (maybe another bumpie does) but it's possible he'd settle out of court, get a slap on the wrist, and your suit wouldn't affect his life as much as you're imagining.
I use to work for a personal injury lawyer and you should absolutely at least consult with an attorney. A consult doesn't cost anything to you and often the attorney will eat the cost until you get a settlement. Get some recommendations. Don't go with those jokers on tv. At my old firm, when a potential client called, they would speak with the paralegal first to see if it's worth forwarding the info to the attorney. And don't be afraid to ask the attorney to meet you at the hospital. They should be more than willing to come to you. An experienced attorney will be able to judge if this is worth pursuing.
If he saw signs and didn't report it he should be liable. However, If it means something like losing his medical license I wouldn't pursue it because I don't think it's right to mess with someone's livelihood. If you decide not to pursue legal action, I would at least write a letter to him reminding him not to be dismissive of people and his legal obligation to report. Tell him how he made you feel. Actually, I'm getting more and more pissed that he dismissed your concerns writing this. ETA. After some further thought, If you can pursue it though you should. Hopefully you can get some money to take care of Cindy, and she deserves it. Poor baby.
@aleecats I work for the largest medmal insurance company in the US as an underwriter. Hell yes you file a claim. And report him to the state board for his license to be sanctioned. In many states you yourself can easily look for records of past license issues or prior claims to establish a pattern. I remember you posting earlier that she had a swollen soft spot and that they were supposed to do an ultrasound at that point. I wondered then if maybe he wasn't within the proper standard of care by not catching this sooner. If he referred you for the US and it was either clear or you weren't able to go to the appt, they could argue that he did his job up to that point and that you were non compliant.
These cases can take years to settle. And depending on the carrier and state, they may offer you a sizable chunk in order to avoid trial because if it goes to trial, the jury could award massive payment. It will be a long hard road, but I would absolutely take it. Especially if some of the long term affects of his wont be known for years and years to come. Baby cases are historically costly and time consuming. And many times the statute of limitations doesn't expire until your child is 18.
I sure hope it's not my company that insures this douche because I see a large payment in his future. Good luck mama.
@dmbfan46835 we did get the ultrasound done and they found something but it wasn't a cause for concern but after speaking with her doctor here they told me if they had seen Cindy at that time given the video we showed him at that appointments (the video showed Cindy breathing strangely and not responding to stimulus. But when we took her the next day she was her normal self) the vomiting and other reflux like symptoms and the abnormal size of the circumstance of her head and budging soft spot we should have had a CT scan NOT an ultrasound.
@aleecats I would absolutely get an atty. the sooner you start this process the better. Most attys will take the case without any upfront money and will take their chunk from your settlement. Some states limit the amount you can collect, PA, IN, FL, etc. so that could impact the process but it sounds like you have a strong case from what I have seen.
Yes, absolutely proceed. I agree with the others- it's not just about Cindy (although his negligence and arrogance contributed to the continued abuse of your daughter), there are other children that could be or have been hurt because he didn't do his job.
So she can see something but they can't confirm how much yet, but she's able to track and focus so those are good signs!
And and hey I need your advice ladies, after talking with Cindys case worker she noted that my pediatrician saw signs of this weeks ago but didn't take the right steps. I contacted a lawyer to see what I could do about this (I've had issues with her pediatrician from the moment I met him. He treated me like I was stupid because I was a young mother, I told him on multiple occasions it was not reflux or her formula that something was wrong he told me it was just gas everytime.), the lawyer told me if I can get an extensive copy of her medical records I have a good malpractice case but im not sure that I should. I'm never going back to this pediatrician but I don't want this to change his life or anything. He was an ass to me but he was amazing with Cindy he's great with kids... Should I move forward with this? Would you?
Oh I totally would go through with it. If he saw the signs before and didn't do anything he should not be a doctor. Plus you wouldn't want another baby going through the same thing your little one did, if he were to see this again and still not take the proper steps.
I am am attorney and agree with previous advice to file the claim. That's why professionals have malpractice insurance. While we can't catch everything and sometimes make mistakes, a doctor's mistakes can be very costly. You need to do it as much for you and Cindy as to protect others that he sees. It's a deterrent factor and a reminder that what he does is important and deserves his utmost care and attention at all times. Make sure you find an attorney that you trust and will shoot you straight instead of simply "selling" you and running you through a process.
I agree with pp about moving forward with a claim.. And here's another thought as far as the concern for him losing his license... If he did nothing wrong and isn't at fault then that shouldn't be a concern. The issue here is that it sounds like he DID do something wrong by not listening to you or taking your concerns seriously- something that could have potentially changed the outcome of the current situation for the better. You did everything right, you voiced concerns, you took videos to show him, you showed up for appointments, etc.. I know it seems like it maybe a lot to take on and it could very well take a lot of time to get through but with the potential for there to be medical bills and such I think at the very least if you won then you could get help covering those costs which I know would be a relief.
I guess I'm the only weirdo that would say I wouldn't file a claim. I don't place blame on the dr. He missed something and that's terrible. Yes he has malpractice insurance. But I wouldn't sue him
First, I'm so glad to see your daughter is making great strides in healing. I keep her in my thoughts and hope nothing but the best for her continued healing and improvement. She's such a cutie and I hope she's home with you soon!
Yes, I would pursue talking with an attorney, because as a pp said if he did nothing wrong, then he has nothing to worry about. If he missed something that another doctor would have caught though, it's not a case of "oops! My bad!" It's a case of, he could have, quite possibly, prevented your child from being exposed to continued abuse and injury that will affect her for the rest of her life and he didn't. It's not an "oopsie!" when it's a child's life on the line. I think that right now it's not about "sue, sue, sue!!" It's more about did he, or did he not, do something wrong. I don't give a good flying f bomb about his "livelihood" or his reputation or how good he does or does not sleep at night. What I care about is the fact that if he indeed saw something, even suspected something, he should have protected your child. As a medical professional he has a LEGAL obligation to do so, not to mention a moral obligation to do so. Furthermore if he missed signs that any other doctor would have caught, then he is inept and should not be in a position to fail other innocent helpless children like he failed your daughter. Now, if when investigated, it is found that, no, not any old doctor would have caught the signs of abuse and that it is a truly unfortunate, horrible, but ultimately innocent mistake- then at that point you stop pursuing legal action against him. Basically in one scenario an inept or willfully negligent doctor is no longer allowed to put children in danger. In the other scenario an innocent man doing the best job he could will be made aware of the deficits in his skill set and be shown than he needs to do some studying on signs of a form of child abuse that he SHOULD, as a doctor and mandated reporter, already be aware of.
Please look into filing a claim. You would not want another child's health to be in jeopardy bc he didn't take the right steps to find the reasoning for Cindy's symptoms. He went to school to learn protocol, along with everything else...... He did not follow through with his protocol! I have heard so many times going to the doctor, "I'm positive it's nothing but let's just test to be sure.". This is part of yours and anyone's right to have standard of care. He needs to have the board interveine to make sure he understands the proper way to practice. Please pursue but I caution you not to lose hope or expect a quick resolution. Your daughter has touched so many lives...stay strong mama!
@aleecats I think you should do it for 2 reasons. 1) He needs to be held responsible and decrease the possibility of this happening to any one else. 2) if there is monetary compensation, it will undoubtedly help you provide Cindy with the best care. On a side note- I am a court mandated reporter (social worker) and I've worked with child protective services for along time. If they are advising you to do this it probably for good reason. Meaning they wouldnt be adding this kind of investigation or workload to themselves if it wasnt a clear problem. I wondered wondered how this Dr could attribute the symptoms to gas- seemed ridiculous. But it may be time consuming and tedious- all legal proceedings are these days.
I think the decision to pursue really depends on whether you're willing to drag out all of the things that Cindy's dad did to contribute to her health conditions into court. The doctor's attorney will likely grill you and her dad about her care and the defense will be that he couldn't have given the proper standard of care because the fact that she was dropped and shaken was withheld from him. He was operating on the facts given to him.
I'm not saying you shouldn't pursue a claim-- I'm just preparing you for what will likely be an ugly legal battle. It's always best to consult an attorney who can study the facts of your specific case.
Hey everyone, Cindy's surgery went fine she had the breathing tube taken out right away, she'll be here a few days but Thursday or Friday she's coming home! The 22nd makes a month since all this started and it seems like it's been much longer but I wanted to thank you for your support and prayers and continuing love! It helped get me and baby girl through this!
As for the lawsuit I ordered her full medical records form both her pediatrician and the ER we had taken her to twice, the attorney that I found is going to hire someone to look at the medical records if he believes we have a case then we'll move forward with a malpractice suit!
@aleecats that is great news!!! Here's hoping everything goes according to plan as far as sweet baby girl getting to come home AND any potential legal stuff!!!' Have been praying for you guys!
What a journey! So glad she's recovering well from surgery & able to come home soon. Good luck with the lawyers, I'm sure it's not anything you want added to your plate but you are doing a service to his future & current patients. - a friend from d15
So I'm coming into this conversation super late but have to say you are so very strong to put your beautiful baby first and I'm so glad she seems to be doing well. The pictures are beautiful she has the most expressive eyes, I have a hard time believing that she has anything wrong and I will absolutely be praying for a miracle for you...it absolutely disgusted me to hear about this happening to a sweet innocent baby, thank god you noticed something was wrong and had the strength to persue this in spite of your dr. I'm not the suing type but you should sue the pants off of this jerk, the fact that he made you feel less while you were worried about your poor baby makes me so furious, never let anyone make you feel less than you are you are an amazing strong mom and no one, doctorate or not, has that right.
So she can see something but they can't confirm how much yet, but she's able to track and focus so those are good signs!
And and hey I need your advice ladies, after talking with Cindys case worker she noted that my pediatrician saw signs of this weeks ago but didn't take the right steps. I contacted a lawyer to see what I could do about this (I've had issues with her pediatrician from the moment I met him. He treated me like I was stupid because I was a young mother, I told him on multiple occasions it was not reflux or her formula that something was wrong he told me it was just gas everytime.), the lawyer told me if I can get an extensive copy of her medical records I have a good malpractice case but im not sure that I should. I'm never going back to this pediatrician but I don't want this to change his life or anything. He was an ass to me but he was amazing with Cindy he's great with kids... Should I move forward with this? Would you?
Honestly, these feel to me like conflicting statements. He may have a good/soothing manner with children, but that doesn't excuse him from not voicing concerns or not catching something like this, and it's a big deal if he either missed it or ignored it. And he changed your life by not taking your concerns seriously or reporting issues that he saw in her, which prevented you from getting Cindy help earlier. It's up to you whether or not you want to pursue a malpractice case. Doctors have insurance to help cover things like this, and if a settlement could help cover the cost of the care that Cindy will need, it may be worth considering.
Just reading all of the updates! I'm so happy. Cindy is a strong and gorgeous girl. I was afraid your fiancé might have been lying but I am so happy you are strong enough to do the right thing!!!
Yay baby Cindy is going home I'm so happy for you guys. I hope that everything continues moving forward the way it has and Cindy continues beating the odds. She has so much light in her eyes, it's beautiful. She's beautiful. And you are mom of the year. I hope that this legal battle teaches the dr a valuable lesson and gives you peace of mind knowing the potential lives you saved. Also I hope you get enough money to cover medical bills and give Cindy all the best special attentions if she ends up needing them. I pray for you all the time and am always eager to hear your updates. Though your ex fiancé has done something truly unforgivable, I pray for him, too, because I know he wasn't in his right mind, I know he suffers for what he has done, and I hope he can get the help he needs. Stay strong, you amaze me. *hugs*
I am waaayyyy behind on this thread. So so sorry to hear about baby Cindy. She is just adorable! You & Cindy are going to be just fine - you have each other and that's all you need! Sending thoughts & prayers your way!
So she can see something but they can't confirm how much yet, but she's able to track and focus so those are good signs!
And and hey I need your advice ladies, after talking with Cindys case worker she noted that my pediatrician saw signs of this weeks ago but didn't take the right steps. I contacted a lawyer to see what I could do about this (I've had issues with her pediatrician from the moment I met him. He treated me like I was stupid because I was a young mother, I told him on multiple occasions it was not reflux or her formula that something was wrong he told me it was just gas everytime.), the lawyer told me if I can get an extensive copy of her medical records I have a good malpractice case but im not sure that I should. I'm never going back to this pediatrician but I don't want this to change his life or anything. He was an ass to me but he was amazing with Cindy he's great with kids... Should I move forward with this? Would you?
Look I might be the nicest person with kids ever to exist but that doesn't mean I should be a pediatrician. Being good with kids is only part of being a doctor specializing in them. Troubleshooting, objectivity and detail thinking are more important and it sounds like he is either lacking in all of those or brushed you off to the degree where he didn't use them properly. Either way, major malpractice in my opinion.
Re: I need your thoughts and prayers....
And and hey I need your advice ladies, after talking with Cindys case worker she noted that my pediatrician saw signs of this weeks ago but didn't take the right steps. I contacted a lawyer to see what I could do about this (I've had issues with her pediatrician from the moment I met him. He treated me like I was stupid because I was a young mother, I told him on multiple occasions it was not reflux or her formula that something was wrong he told me it was just gas everytime.), the lawyer told me if I can get an extensive copy of her medical records I have a good malpractice case but im not sure that I should. I'm never going back to this pediatrician but I don't want this to change his life or anything. He was an ass to me but he was amazing with Cindy he's great with kids... Should I move forward with this? Would you?
An experienced attorney will be able to judge if this is worth pursuing.
These cases can take years to settle. And depending on the carrier and state, they may offer you a sizable chunk in order to avoid trial because if it goes to trial, the jury could award massive payment. It will be a long hard road, but I would absolutely take it. Especially if some of the long term affects of his wont be known for years and years to come. Baby cases are historically costly and time consuming. And many times the statute of limitations doesn't expire until your child is 18.
I sure hope it's not my company that insures this douche because I see a large payment in his future. Good luck mama.
First, I'm so glad to see your daughter is making great strides in healing. I keep her in my thoughts and hope nothing but the best for her continued healing and improvement. She's such a cutie and I hope she's home with you soon!
Yes, I would pursue talking with an attorney, because as a pp said if he did nothing wrong, then he has nothing to worry about. If he missed something that another doctor would have caught though, it's not a case of "oops! My bad!" It's a case of, he could have, quite possibly, prevented your child from being exposed to continued abuse and injury that will affect her for the rest of her life and he didn't. It's not an "oopsie!" when it's a child's life on the line.
I think that right now it's not about "sue, sue, sue!!" It's more about did he, or did he not, do something wrong.
I don't give a good flying f bomb about his "livelihood" or his reputation or how good he does or does not sleep at night. What I care about is the fact that if he indeed saw something, even suspected something, he should have protected your child. As a medical professional he has a LEGAL obligation to do so, not to mention a moral obligation to do so. Furthermore if he missed signs that any other doctor would have caught, then he is inept and should not be in a position to fail other innocent helpless children like he failed your daughter.
Now, if when investigated, it is found that, no, not any old doctor would have caught the signs of abuse and that it is a truly unfortunate, horrible, but ultimately innocent mistake- then at that point you stop pursuing legal action against him.
Basically in one scenario an inept or willfully negligent doctor is no longer allowed to put children in danger.
In the other scenario an innocent man doing the best job he could will be made aware of the deficits in his skill set and be shown than he needs to do some studying on signs of a form of child abuse that he SHOULD, as a doctor and mandated reporter, already be aware of.
Best wishes to you and baby girl!
I'm not saying you shouldn't pursue a claim-- I'm just preparing you for what will likely be an ugly legal battle. It's always best to consult an attorney who can study the facts of your specific case.
As for the lawsuit I ordered her full medical records form both her pediatrician and the ER we had taken her to twice, the attorney that I found is going to hire someone to look at the medical records if he believes we have a case then we'll move forward with a malpractice suit!
- a friend from d15