Long story - I am going to try to be as succinct as possible.
My son suffered severe facial trauma while in labor - he was coming down the birth canal face first. However, the OB did not realize it and I went through 22 hours of labor and had several things done that are contraindicated for a face first presentation that contributed to his injuries. My son has had four facial reconstruction surgeries so far and will have more.
Unfortunately, the medical bills are extremely high (even with insurance) and we are considering litigation to cover the expenses. I requested a copy of my medical records from the hospital and the OB did not document things correctly. He stated my son was not a face presentation but vertex (the "normal" way) and he stated that my son did not go to the NICU. Though he did go to the NICU and spent four days there. However, the NICU records are correct and explained why he was injured as are the records from the specialists he has seen in the past year.
Will the fact that the OB did not document things correctly help or hurt the malpractice case for my son? In my nonlegal opinion, it seems that makes him lose credibility. Is that the case? Any information or advice is appreciated.
Thanks!
Ladder 26
On a narrative there is a good chance an OB would have put "Vertex" or "Cephalic" presentation since face presentation could be considered "Vertex" depending on how it's worded. The "Flexion attitude" should have been noted as Face presentation and i doubt it would have been unless he is very detailed in a narrative. It's tough to say I'm not an OB expert although i have successfully delivered in the field. Also I'm not an attorney.
If possible and you don't mind can you write out the sentence where the presentation is noted? either email it to me or just add detail in your question. I know some paramedics and nurses who falsify reports so i wouldn't see why a doctor wouldn't.
I will check back and check my emails to see if you have added details. Good luck.
Orignal From: Doctor (OB) covering up mistake - how does that play into a malpractice case?
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