September 2013 Moms

Mistake at the hospital

Hello everyone. It's been a while I have been pretty busy with my little guy. So I had him on the 1st and put in a request for my medical records. The main reason I did this is because one of the few mistakes that were made during my labor and delivery. So this is the big one that is really bothering me right now... Well has been bothering me. But let me just say even with all of this I am thankful he is happy and healthy. That is the most important thing.

I wanted to do placenta incapsulation so I discussed that w my nurse and signed a special form for it during my stay. Well they threw it away. It took them two days for them to give me a definitive answer as to what happened to it. It was simply thrown away. I'm still bothered by this as it is iripaceable and I was really looking forward to doing that through out my pregnancy. I figure it could've really helped with my milk supply and mood... One other little thing. I had an emergency c section (though I question the emergency part because the dr told the anesthesiologist he had about 15 min to get me in the OR) when I came back from the OR my surgery consent forms were not signed. Although I would have consented, I just thought that was really un professional. Anyway what I'm more sad about is the lost placenta. I might go into more detail of the horrendous shit storm that was my labor and delivery at another time.. Long story short my lawyer says I have a good case. I'm just curious as to what others would do in this situation. Worth persuing legal action?
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Re: Mistake at the hospital

  • I'm sorry that happened. Unfortunately mistakes happen. I'm not exactly sure what you're looking for with a lawsuit...

    Also, sometimes in an emergency only verbal consent is required and latter they will have you actually sign something.
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  • I'm sorry you had a bad experience, but I'm not really sure why you'd have a lawsuit. Med malpractice requires a huge burden of proof that it was negligence and that you were caused long term harm.

    I know I signed a crapton of paperwork when I was admitted, including something saying I consented to a c section. Are you sure you didn't sign something like that? Would you have turned the procedure down?
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  • I'm sorry you had a bad experience, but I'm not really sure why you'd have a lawsuit. Med malpractice requires a huge burden of proof that it was negligence and that you were caused long term harm. I know I signed a crapton of paperwork when I was admitted, including something saying I consented to a c section. Are you sure you didn't sign something like that? Would you have turned the procedure down?
    Sorry you had a bad experience, but I agree with Raven this doesn't seem to meet medical malpractice or negligence...I don't think this is worth pursuing a lawsuit.

    Also, if you needed an emergency c-section due to complications, then the placenta was most likely sent for pathology and depending on the chemicals used it's no longer able to given back for placental encapsulation. I also signed paperwork on admission  including consents stating I agreed to any and all necessary emergent procedures including c-section, etc.; so maybe you signed something similar 
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  • Of course your lawyer says you have a good case...he gets paid either way. I'm sure you're disappointed. It sucks. But really? A lawsuit? What if you were to cost someone their license or job over this? Over an honest to goodness simple mistake. I wanted a VBAC. I read about it. I switched OBs. I spent a lot of money on a doula, chiropractic appointments, acupuncture, supplements, etc...anything I could do to ensure my VBAC. Then my MFM recommended immediate delivery because baby's heart rate was high and something might be wrong. I had my c-section. Baby's heart is fine (thank goodness) and has never had an abnormal rate. Think I'm gonna sue that specialist for his mistake in thinking something was wrong and costing me my VBAC? Of course not! I'm thrilled that LO is here and okay. The rest, I just have to get over. I know it's not the same situation, but I just think suing is a little ridiculous. Just my opinion though.
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  • In an emergency, all things go out the window. You don't know who threw it away, most likely NOT someone who knew your plans for it. Would you rather they have fished it out of the trash?

    IMHO, this is a stupid thing to sue over.
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  • I'm sorry that the placenta was thrown away however I do not think this is something to sue over. I think if there were neglect or actual malpractice it would be different. If it were me, I would contact a patient advocate at the hospital. The patient advocate would likely use this opportunity as a learning/teaching moment for the L&D and Surg depts. When you signed the paperwork you obviously were in L&D but LO was delivered by a surgical team that didn't consist of L&D staff. The transition of the special request was not smooth therefore the placenta was thrown away in ERROR... I'm positive no one intentionally did it. I think the hospital could (and should) use this error to learn from to create (or modify) a policy & procedure for such situations.

    As for the surg consent, you gave verbal consent. If it were me & I was being taken in for an emergency I would want all staff working to get me back to OR to get my LO out safely not wasting their time getting signed consent for something I gave verbal consent for.
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  • What exactly are your damages?  There is no case w/o damages.. and a want doesn't cut it.  I wanted to BF, but that didn't work out.. I am not going to sue anyone over it.

  • I would be so upset about the placenta being thrown out since you were really looking forward to encapsuling it. I would write a letter to the hospital explaining your bad experience. I think they need to know.
  • I'm so sad your placenta was thrown out! That really sucks :( I wanted to keep my placenta for encapsulation and made sure to tell EVERYONE several times- my OB heard about it at every weekly visit, when I registered at the hospital I had them put it in big bold letters on my paperwork, in pre-OP I told three nurses that would be at my surgery and I also told the anesthesiologist. I reiterated to DH that he was in charge of the placenta if I had to be put under general anesthesia for some reason. Even as I was laying on the OR table being cut open I told my OB yet again that I was going to be taking it home. I was so afraid that it would get thrown away on accident!

    Also, if someone's placenta needs to go to path then often they can just send a piece and not the whole thing.
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  • A "head nurse" or some head person, came to my post partum room and apologized that they threw away the placenta. She said that one of the newer house keeping nurses actually tossed it. It didn't get sent to pathology, nothing like that. As far as the c section, as I said I wouldn't of turned it down. It was just un professional the consent form wasn't signed and they asked me to do it after the fact. I just thought in an an emergency they would rush us back there and not tell the anesthesiologist that we had 15 minutes like it wasn't a big deal. My parents were there and my dad was the one who decided to contact a pro bono lawyer. There is no way in hell I'd of had the time for that. The placenta thing is complete bull shit. Not sure what amount of money would make me feel better or if it's worth wasting any time over. That wasn't my question. I was just wondering what someone else in this situation would do. Anyway thanks for the honest replies.
  • Tina, For now I will just say I was frantic, terrified upset. Some serious emotional damage. It may have effected our bonding, breast milk supply, pp depression.

    One thing.. And it's hard for me to re hash this but I'll tell a bit more of the tale. Maybe it's therapeutic. What I will say is something the anesthesiologist said after the surgery. He said, you need to work out. I was so god damn upset I was not ready for joking around. It was a compliment ( he was being sarcastic because my tummy went flat after the surgery ) and then said i needed to eat. It was just inappropriate. During my surgery the dr was explaining in detail how she was doing everything. "I do my incision this way and cut through this layer of skin" kind of talk. I thought a resident was doing my surgery which scared me even more. Because she was explaining things w the resident I felt that it probably took a bit longer then normal. It was a 45 min c section I believe. I know the Drs and nurses do this kind of thing all the time and it's every day for them. But as a panicked first time mom joking around and explaining how you are cutting and sewing AND stapling me is not what I needed to hear at that time. Oh and saying things about my body that I need to fucking work out and eat. I have body image issues but does he give a shit about that? Guess he wasn't thinking. I feel that the staff should've been more sensitive. None of this, not even the pregnancy way planned. And I don't think because of this, I will plan to have children in the future. That is some more detail.. A couple more things spiraled out of control but I'm just going to stop now.. :(
  • I for one don't think it's stupid at all that I do something about my placenta that was carelessly thrown away after I made it clear that I was keeping it. It's irreplaceable and a once in a lifetime thing for me. Guess if it didn't happen to you, it would be hard to understand.
  • Thank you to those of you who actually read the post and said kind things!
  • I for one don't think it's stupid at all that I do something about my placenta that was carelessly thrown away after I made it clear that I was keeping it. It's irreplaceable and a once in a lifetime thing for me. Guess if it didn't happen to you, it would be hard to understand.

    I don't think anyone was saying you're stupid, just that it's not worthy of a lawsuit. It's really unfortunate, and should just be addresses with the hospital. I don't even know what grounds you'd sue on.
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  • Again, what would you hope to gain by suing over this?

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  • Shaunamae87Shaunamae87 member
    edited October 2013
    1. In the medical world you do not née written consent if the patient in this case you are coherent and alert and of sound mind. Signing the paper is more for insurance then anything.

    The placenta being tossed and is the only thing I considered doing anything about. Again, it just seemed un professional to have me sign it after the fact. Especially because there was no rush on the c section. I assume this because the dr told the anesthesiologist he had 15 minutes.

    2. If your doctor walking not only a resident but you through the procedure which is common practice is scary to you, you need to grow some thicker skin because you are a mom now and there are going to be things you don't like but have to do. I for one like to know what is happening to me if I am a awake for a procedure.

    My dr was teaching a resident. The dr working on me was not a resident. I thought she was because of the way the dr was teaching/what she was saying. But I soon found out that yes, the dr was doing it and a resident was observing.

    3. The comments all though are poor bedside manner and poor choice of words are nothing to sue over. Are you going to sue everyone who makes a rude comment to you?

    When did I say I wanted to sue over something shitty someone said? Again it's just the placenta I considered to take some kind of action on.

    4 as for your placenta it sucks it got thrown away but what's done is done and dwelling on it and bringing it up again and again is not going to bring it back. You have no clue if it will have helped you or not.

    Well this is why I asked what other people would do in this situation. I do understand that it sucks and I won't be getting it back. Thanks though

    5. You have no grounds to sue over. Enjoy your healthy child and move on.

    I'll just take this as no, most people wouldn't do anything. I still really don't think it's ok. I'm not spending the entire day worrying about it or anything like that. But it still makes my blood boil and I don't think I'm just going to roll over and take it on this one. I'm surprised so many would.
  • Pretty in pearls,

    As I said before, I am not sure. No amount of money could bring it back. But at the same time I don't want to just do nothing and let a mistake like that slip through like nothing happened
  • Ravenclaw- just responding to sweet peak. Not everyone
  • mrsmoxiemrsmoxie member
    edited October 2013
    I don't even know where to begin with this. I also had an emergency c section, but it took about 15 minutes to get me prepped and to the ER for the procedure. To me, they can call it an emergency because it's unexpected and the only way to get the baby out. Not that it needs to get done in less than 15 minutes.

    I will never understand why people complain about doctors teaching a resident about a procedure during a procedure. How else do you people expect residents to fully learn these things?

    I'm sorry things didn't go as you planned for your placenta. Things didn't go as I planned either. But I have a healthy, beautiful daughter, and that's all I could have asked for. You said the main reason for suing would be the placenta. It's done, it's gone, would suing the hospital bring it back? Just complain to the administration.

    Edit: I think we all sympathize with you about the loss of your placenta. But to take it to a level of suing the hospital? That's when I started side eying you. People are too sue happy. Waste of time and money for something that no one can do anything about at this point.
  • It really seems like the people I talk to out there in the real world are a lot more understanding on this. Internet people not so much.
  • Future mrs
    I don't think people are reading this. I didn't say that they said he needed to be out in 15 minutes. Dr A had 15 minutes to get me to the OR according to Dr B. She was really like, eh whatever about it. And I'm a huge advocate for teaching. That's why I didn't mind delivering at a teaching hospital. It's just that I thought a student was performing my surgery (at first until I asked and found out a student was not) again teaching is great, but not when your patient is a frantic mess. Maybe at that point you should just do what you need to do and be done so you can get the frantic mess out of there. I did not want to hear the details on how I was being cut open, sewed, and stapled. It made things worse for me. As a first time mom in a surprise situation it was a shitty thing to hear.


    I did complain, and they apologized. But.. I guess I wanted something more then an apology in return. At the same time for the 3rd or 4th time no amount of money is going to bring it back. I understand that. As I said the most important thing is that he is healthy and happy and I am thrilled with him being happy and healthy, it's just a bunch of shitty things that happened all at once. Bad luck. I don't even think the Drs were bad they were actually really smart and great at making sure we both made it out ok. Just the way some things were done and they way some things were said makes me shiver every time I have to walk by that place. I hope they are just more careful with future patients and keep people's feelings in mind. I did have some awesome nurses too. I don't want to forget about them.
  • edited October 2013

    It really seems like the people I talk to out there in the real world are a lot more understanding on this. Internet people not so much.

    I don't want to sound mean, but it's a lot harder to be honest about a friend overreacting to her face when she is front if you clearly upset. I think what you're getting here is the truth.

    Sue if, God forbid, you or your child is injured. Not over this. It was an honest mistake, a very upsetting one for you, but it is not at all lawsuit material.

    Also, as a PP mentioned, they probably had a lot they were doing in that 15 minutes. Even if it was behind the scenes. I don't think them telling them they had 15 minutes is any kind if indication that it wasn't an emergency.
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  • MallardDuckyMallardDucky member
    edited October 2013
    What makes it so bad that it makes you shiver? I'm sorry but nothing you described sounds that bad. Like I said before Move on and enjoy your new family.

    It really sounds like you are a person that needs to grow a tougher skin and learn to deal better. I also suggest some counseling to help get over the issue, because it seems like you can't move past it

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  • Okay... If you don't want any money for it, then what's the point of suing? And they apologized. What more do you want? Someone fired? A specific person to get in trouble? They threw out your placenta. You're healthy, baby is healthy. They are not guilty of malpractice. I would just not recommend that place to other people?
  • I won't rehash what pp have said.  My only other thought is that in a medical setting, an emergency c-section is often considered any c-section that isn't planned in advance. It doesn't necessarily mean that your baby needs to come out this.very.second (like the rest of the world would think when hearing the term emergency c/s). 

    From your description, it sounds like your c/s falls under the "not planned in advance emergency c/s" and not a "baby needs to be out this second c/s".

    I am sorry you didn't get the experience you wanted. 
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  • Kestock120, I never said Oh my god they threw it away I'm sueing their asses now. I asked what you might do in this situation. You wouldn't have such a bitchy thing to say if this had happened to you would you?
  • Mallard duck- doesn't sound that bad??? Well I guess you'd of had to of been there. I throw my hands in the air on this now! Stick a fork in me I'm done!
  • I don't want to sound mean, but it's a lot harder to be honest about a friend overreacting to her face when she is front if you clearly upset. I think what you're getting here is the truth.

    It wasn't just traumatic for me. It was for everyone involved. Mom, dad, and DH. My father is actually the one who decided to call up a lawyer. As I said there is even more to the story but not worth telling to strangers online. I think it's just really easy for people to skim over things when they read or assume they know the entire story just by reading tid bits of it. What I think I'm getting here is not the truth but people (some people anyway)on phones and lap tops who really couldn't give too much of a shit or even try to understand... Probably just bored

    Sue if, God forbid, you or your child is injured. Not over this. It was an honest mistake, a very upsetting one for you, but it is not at all lawsuit material.

    I may not go as far as to attempt to sue but I just need to find some way to get some kind of closure on this.

    Also, as a PP mentioned, they probably had a lot they were doing in that 15 minutes. Even if it was behind the scenes. I don't think them telling them they had 15 minutes is any kind if indication that it wasn't an emergency.

    The dr said he had 15 mins to get me to sx. About 15 mins later they started to prep me for surgery... It was not an immediate emergency in my opinion. If our lives were in danger they wouldn't make us wait.
  • I am not comparing my situation to death or near death experience.
  • It just sucks and I am putting it out there
  • I don't want to sound mean, but it's a lot harder to be honest about a friend overreacting to her face when she is front if you clearly upset. I think what you're getting here is the truth.

    It wasn't just traumatic for me. It was for everyone involved. Mom, dad, and DH. My father is actually the one who decided to call up a lawyer. As I said there is even more to the story but not worth telling to strangers online. I think it's just really easy for people to skim over things when they read or assume they know the entire story just by reading tid bits of it. What I think I'm getting here is not the truth but people (some people anyway)on phones and lap tops who really couldn't give too much of a shit or even try to understand... Probably just bored

    Sue if, God forbid, you or your child is injured. Not over this. It was an honest mistake, a very upsetting one for you, but it is not at all lawsuit material.

    I may not go as far as to attempt to sue but I just need to find some way to get some kind of closure on this.

    Also, as a PP mentioned, they probably had a lot they were doing in that 15 minutes. Even if it was behind the scenes. I don't think them telling them they had 15 minutes is any kind if indication that it wasn't an emergency.

    The dr said he had 15 mins to get me to sx. About 15 mins later they started to prep me for surgery... It was not an immediate emergency in my opinion. If our lives were in danger they wouldn't make us wait.



    I am now calling mud. We only know what you tell us, we can't pull out our crystal balls and see your past history!
    How the hell are we supposed to know what the hell happened.

    If you want closure get counseling!

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  • It just sucks and I am putting it out there

    But your really not your are tip toeing around expecting us to be mind readers

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  • Dee2588Dee2588 member
    edited October 2013
    You said that no amount of money can rectify what has been done.....so what exactly do you want or what can they do to make you feel better? I'm just curious. You asked what someone in your shoes would do? Well I would just be happy that it's all over and if I can't get my placenta back and they acknowledge what was done and apologized than I would just move on and thank God that baby and I are healthy, that's what I would do.
  • edited October 2013
    I think I can commiserate with "I'm sorry" not being good enough. As for what I'd do in this situation, I think I'd press further into WHY your placenta got tossed and what the procedure is in your situation, specifically, what they can do to ensure it doesn't happen again to others. That would make me feel like I had been heard and I'd press until I got those answers whether it was the nurses at fault, a miscommunication among staff, your OB, etc. I'm sorry you had such a traumatic experience and hope that your negative experience empowers you to perhaps find another care provider who you trust to avoid a similar experience and doesn't truly deter you from having any more children. You can and should always have a say in your birth experience.
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