While I was pregnant my regular OB only did 3 ultrasounds even after finding out I was pregnant with twins. The last of which was an ultrasound he did in the last week of October. At this appointment he informed me that I would be going to a specialist for a "regular" check up. I asked him questions about whether or not there was something wrong with the twins and he continued to insist that there was nothing wrong with them that it was just time for me to start seeing a specialist. I was 27 weeks pregnant at this point.
My appointment with the specialist was November 2, 2009. At this appointment the specialist informed me that the chances of baby A making it without doing an emergency c~section with in the week were very slim. Because there were issues with the babies that should have been caught when I was 20 weeks pregnant and why I had just been sent to see him was very confusing. They gave me steroid shots and sent me home with an appointment for that Thursday. To make the final choices and so on.
When I got there the specialist informed me that baby a appeared to make a bit of an improvement and that he didn't want to preform the c~section anymore because the NICU would be able to support a baby their sizes. And continued on and on and telling me that I would be murdering both of my children and that I should just let baby a go if that baby decided to live it would continue through my pregnancy. Baby A weighed 1 pound 10 ounces at this baby and my son Austin weighed 2 pounds and 4 ounces.
I listened to the advice of the doctor and lost baby A on the 9th of November. I had my son at 32 weeks weighing 4 pounds he stayed in a NICU for 31 days even after both doctors told me there would be NO need.
During Austin's NICU stay I became friends with another mother who also had her son in December. After we both got to know each other well we started talking about our children and she even took me up to Tim's room to meet him. Tim weighed 1 yeah ONE pound when he was born. The NICU supported him just fine. Tim is now a healthy 6 month old baby. Just like my other son would have been had the specialist taken the time to listen to me instead of going on about murder and a golf game he was playing with his son that weekend.
So my questions are as follows:
Can I get these morons license's taken away?
Do I have a right to file a claim against them?
Can I sue them if I choose to even though it's been early 7 months now?
If I did take them to court would they get their licenses pulled? I mean clearly they have no right working with unborn children and pregnant women. They just let one of my children die. With no care in the world. As if that baby had no right to life. They wouldn't even refer me to another doctor to get a second opinion! Even after being asked. Please help I don't want them harming another baby. Or murdering another baby. Or killing the child's mother little by little (figuratively of course.)
Nutritionally Fortified
First, please accept my condolences for the loss of your child.
A medical review board may fine or temporarily suspend a license unless a physician is continuously grossly negligent. You can sue as long as there's an attorney willing to take your case. The statute of limitations can be 2-3 years for medical malpractice, personal injury, and wrongful death.
In order to prove malpractice you have to prove one or both physicians were negligent. Important details would be in what kept you from the specialist. The OB didn't detect things when the specialist says they should have. There's no way to know if that opinion was based on medical facts or made as a passing statement. I doubt they made a note in the file about it but you never know. However, you've called into question the character and opinion of that specialist.
You were late in being seen by the specialist and where responsibility lies with that can't be gauged online. I would definitely speak to a personal injury attorney and get an opinion about the care - or lack thereof - the specialist provided. That was a critical decision whether to perform a C section or let you continue to carry and if he was talking about his golf game he wasn't very focused on you. Whether or not he was negligent in your case is worth evaluating.
mnwomen
I am sorry for your loss. But you do not know all the differences between your baby and Tim's medical history. There could have been major problems with your baby that Tim did not have. By your own words you say you decided to listen to his advice. And frankly you could have gotten a second opinion if you wanted one. By all means consult an attorney but I do not see malpractice here.
Robert O
There is no direct relationship between malpractice suits and actions by state licensing boards. Even if you win a malpractice case, the licensing board might take no action, and since malpractice suits generally take several years (the national average for successful cases is over 4 years from event to payment; some states have an average time of 6 to 7 years) any board action would be delayed.
If you want the licensing board to take action sooner rather than later, you should file a complaint with your state licensing board independent of any possible malpractice lawsuit. You might also file a complaint with the hospital where the physicians practice. Hospitals conduct peer reviews and may restrict or revoke clinical privileges of physicians to practice in the facility. Such actions are reported to the state licensing board and may prompt them to investigate.
Some licensing boards are much more vigorous in protecting patients than others are. Some state boards are dedicated to protecting the public but do not have adequate budgets and staffing to do as good a job as they might want to; others, unfortunately, seem more interested in protecting physicians than patients. It depends on the state.
Orignal From: Is this considered medical malpractice?
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