Do I need a lawyer?

brauchtm · November 2008

Hi Ladies - need your help on this one - especially if anyone has a legal background. To sum up a LONG story, I feel that my OB and/or the hospital where I delivered did not do some things they should have related to ds's delivery which directly led to some significant swelling and bruising on his head. As of now, we do not see any long term effects but will have no way of knowing for years to come. I requested copies of my medical records and found out that they delivering midwife flat out lied about what occurred in the delivery room. To me it looks like she knows she didn't do things correctly and just flat out lied about what happened, probably thinking I would not ask for the records and if something happened later in life, the court would see these false records and believe them. I am irate about this. So - do I get a lawyer right away or do I contact her to ask her to change them or go to her supervisor? What do you think? (I don't even know where to begin to get a medical malpractice attorney) Thansk!

Buckets of Moonbeams · November 2008

It probably wouldn't hurt. If she's falsifying medical records, that needs to be stopped. I wouldn't worry so much about your baby's swelling and bruising (isn't that not abnormal?) but she can't continue falsifying records and get to continue practicing midwifery.

*Bre* · November 2008

Ya, I think a lawyer is in order if your son's injury is due to her neglect or misguidance; even if it isn't, definitely for falsifying documents.

Swannja1 · November 2008

I work in the legal field, I can tell you may have a hard time finding an attorney for you to hire, and if and when you do you are going to have to pay out of pocket for them to investigate this. If you are thinking about malpractice, unfortuantely there needs to be some kind of significant loss (as bad as that sounds), for you to have a valid claim. And even still, there is no guarantee.

If I were in your shoes, I would complain to the hospital to have the records reviewed and investigated. Contact the hospital saying that that you believe your DS records were faslified by the midwife, and you want to "appeal" her report. Even if they dont change it, at least there will be a record that you appealed it, if for some reason (God forbid) you need them for some malpractice down the road.

Good luck, I hope your DS is ok now!

chalmette · November 2008

Yes. Though if you signed a release you're probably up Excrement Creek.

OUMedBride · November 2008

1) What are the grounds for your allegation that they "directly led" to the swelling and bruising?

2) What did the midwife lie about?

Without that information, it doesn't really sound like you have a case, and it sounds like you're just going to give some lawyer a nice chunk of change for nothing. But, obviously I don't know the whole story, which is why I'm asking.

brauchtm · November 2008

Thanks everyone. I think that I will try to get a consultation with a lawyer but may just end up contacting the hospital to appeal the record. In a nutshell, DS was OP and despite two weeks of excruciating pain prior to delivery (during which I visited or called the doc practically every day begging for relief - and they went so far as to order ultrasounds on my kidneys/urethra/etc. to find out what was causing the pain) they never checked the babies position. They never tried to adjust the babies position either and were surprised when ds came out "sunny side up". During my delivery, DS was essentially "stuck" hanging out of me for about 45 minutes (virtually no progress with each push) and I was screaming/begging for any kind of help (episiotomy, forceps, vacuum, ANYTHING) and the midwife kept saying "I really don't like to give epi's - I think you can do this - just one more push" kind of deal. Finally - she gave me the epi and DS came shooting out. But his head was very swollen and bruised where he was stuck. I know bruising/swelling is normal - but not to this extent - every doctor/nurse that saw him said that. They kept him two extra nights in the hospital b/c of it and the ensuing jaundice it caused. I feel she should have given me the episiotomy when I first asked for it and DS's trauma wouldn't have been so severe. What really ticks me off though is that in my records she wrote "I offered the epis and patient declined. Then offered again 30 min (or so - forgot how long) and patient accepted". NO WAY did she ever offer and I declined. I was BEGGING for it - I have never been reduced to such a humiliating/vulnerable position in my life and I know for an absolute fact that that did not happen (at the point I was not even on pain meds so my head was 100% there). There were several other inaccuracies - but this is the big one that gets me. I know some of you may read this and say "big deal" - but to me, it is. Anyway, sorry so long, thanks for all the help you have already offered.

summerbridesara · November 2008

That IS a big deal and I"m sorry you had to go through that. I'm glad your baby is ok, but this midwife needs to be reprimanded for this AND needs to correct her records. It really sucks because she will probably stand by what she wrote. It pisses me off. People like that should not be in the medical profession.

OUMedBride · November 2008

Falsifying a medical record IS a big deal. As for whether or not you have a case for malpractice I couldn't say without being there... depending on the circumstance, denying you an episiotomy could have been the appropriate medical choice; I couldn't say without having been there. However, I'm not inclined to believe that if she was willing to lie about it on the record. So I think your first move is to ask for the records to be corrected, and if that doesn't happen, it may be worth talking to a lawyer.

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