On Oct. 5th my water broke. When I got to the hospital the dr on call checked me and said my water didn't break. They sent me home. The next day I went back to the hospital. Again the hospital sent me home. At this point I still hadn't seen my dr or even a dr from the same practice just the on call hospital doctors. On oct 8th (4 days after my water broke) i seen my dr. I refused to leave her office without an ultra sound. She finally agreed to the ultra sound and found I had no fluid and sent me to the hospital to be induced. 5 hours into labor my sons heart beat dropped below 80 and stayed that way for 34 mins until he was born vaginal. He was born with the cord wrapped twice around his neck and blue. He's 7 months old now and just diagnosed with mild spastic cerebral palsy.
The doctors at the hospital were likely negligent. There were probably decelerations on the fetal monitor and the doctors weren't monitoring it properly. If the nuchal cord was wrapped around your son's neck, a section should have been done immediately. A malpractice lawyer would need to order all the records as well as the fetal strips and apgar scores to evaluate.
The circumstances strongly suggest that there may have been malpractice. You need to retain a lawyer in your area who is thoroughly experienced in handling birth injury cases. If you are not close to a big city, you will most likely need to go to a major city to find a good one. Don't try to get medical records. If a lawyer is interested in the case, the lawyer will get them. Concentrate on finding the best lawyer in your area to represent your son.
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It appears there was likely negligence based on the facts you have presented. A medical malpractice attorney would need to review the records, though. Med mal cases typically have vshort statutes of limitations, so you should consult with an OH based med mal attorney asap. It is possible the doctors and the hospital have liability. Consultations are free, so you have nothing to lose.
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Good morning. I am so very sorry to hear about your son's recent diagnosis. As a mother myself, I certainly can appreciate how scary it is when it seems like anything is going/has gone wrong. From your brief facts, it certainly seems like there were one or more acts of negligence involved here. However, in order to really say that for certain, we would need to order all of your prenatal and L&D medical records. Once we have those, I have OB nurses on staff that can review the records and provide us with a more substantive answer. From there we would need to have the records reviewed by several medical experts. I wish I could provide you with a "yes" or "no" answer, but some investigative work needs to be done. If you would like to talk, please feel free to email or give me a call - 1-800-967-1234. My office has handled cases in Ohio several times over the years. Take care.
It sounds to me like you need an experienced birth injury lawyer as soon as possible. You have identified some very serious issues that may have compromised your child. It will be necessary to review all of the records and retain the range of experts that will be needed in such a case. Here, we typically end up with 8 to 12 experts in a birth injury case, ranging from nursing, obstetrics, and maternal-fetal medicine to perinatology, neonatology, pediatric neurology, and life care and economic experts. For this reason, you should make sure that any lawyer you ask to get involved in this situation is experienced in this type of case. Let me know if you need additional information or have questions. Good luck to you and your family.
This response does not create an attorney-client relationship and is provided after receipt of very limited information. For this reason it is not a substitute for a formal consultation with an attorney in your jurisdiction who has been retained and has been provided all of the relevant information. The author of the related question is strongly encouraged to obtain such a formal consultation prior to making any final decision about how or if to proceed with a legal matter. As there are time deadlines that apply to all legal actions, the question's author is encouraged to seek such consultation as soon as practicable.
The first major issue you have is the statute of limitations. In Ohio, you have one year from the date of the discovery of the medical malpractice to file a claim. Pursuant to the Ohio Revised Code, this can be extended by up to 180 days if you notify the negligent providers that you are investigating the claim against them.
The second issue will be whether a doctor can link the cerebral palsy to a deviation from the minimum standards of care. Cerebral palsy is a common result of birth injuries, but you still need to have a physician determine if the injury was related to the medical care.
These cases are complex. The first step you should take is to contact a local medical malpractice attorney to coordinate an investigation into your son's treatment and care. If the investigation determines that the medical providers failed to provide the appropriate level of care, then you can proceed on behalf of your son to file a lawsuit.
The most important issue for you right now is to call a local attorney and have them provide you with a free consultation. Our office specializes in medical malpractice litigation. If you call or email me, I can setup a time to come meet with you.
It sounds like there was negligence in the handling of your delivery. If you had inadequate amniotic fluid to protect the baby, a condition known as Oligohydramnios, it was extremely important that you be properly monitored. The baby was at risk once your water broke and your baby's heart rate dropping to below 80 is an indication of a deceleration that should have been appreciated by the labor and delivery team so that the baby's heart rate could be evaluated and determined to be an indication of fetal distress. Without appropriate monitoring and without interventions being done in a timely manner, your baby was put at an unreasonable risk of suffering a hypoxic injury to the brain due to the fetal distress. With a nuchal cord, and with inadequate amniotic fluid and with what sounds like late decelerations without adequate recovery, you should have been properly monitored with EFM and a stat c-section should have been ordered. This was an obstetrical emergency and based upon your description it does not sound like appropriate interventions were taken. The prenatal and labor and delivery records should be reviewed and the Fetal Monitoring strips carefully reviewed as it sounds like there was a failure to timely deliver your baby. There are a number of defenses that are thrown at you in this type of litigation so you should promptly consult with an attorney. While in Ohio the statute of limitations is tolled during your baby's childhood you should not delay in consulting with an experienced attorney in this area so that the necessary workup can be done so as to determine whether the standard of care was violated and whether the spastic cerebral palsy was caused by the delay in delivering your baby by emergency c-section. Please feel free to call our medical-legal team to discuss your potential claim. We would be happy to help you and your baby deal with this situation. http://www.mishkindlaw.com
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