can i sue?

What is the name of your state? IL

My son was born July 14, 1999. He had Neonatal Alloimmune Thrombocytopenia. He was given my platelets and his platelet level stablized. He needed to have surgery for an inguinal hernia, but had to wait until he was 1 month old because of the NAIT. So when we went into have the surgery, he had a cold. I told the anestesiologist and she said everything would be fine. (I know now she was wrong). My son ended up getting bronciolitis from this. For a few days after the surgery he had problems breathing, we took him to his pediatrician and they gave him and albuterol treatment, and then had us drive my son to the hospital. (there was no ambulance for us). On the way to the hospital, he stopped breathing. We rushed him to the er and they were able to revive him. Unfortunately he was brain dead. He had to be put on a ventilator. For a few weeks he stayed this way. Then the attending physician boosted his feedings through the feeding tube and not too long after he kept spitting the formula up. I asked her to move the feedings back down and she told me no! That it was just acid reflux. I said, he's been here for 3 weeks and has had no problems until after you boosted his feedings. She just said it is acid reflux and walked away. That night, he aspirated the formula into his lungs and we had to take him off the machines because he was slipping away. Also, while he was in the hospital, they said that they did a genetic test he had Smith-Magenis Syndrome(SMS)
We took this to a lawyer and they had an employee of theirs ( who was a nurse) look it over and said he died b/c of the SMS, so they dropped the case.
I don't think that a nurse has the authority to say what my son died from, am I correct?
Also, we have tried taking it to another lawyer and he said that it would be a hard case to win because the anestisiologist didn't write down that my son had a cold. The attending physician didn't write down that I requested to have the feedings brought back down, and she is now dead.
Also, before my son had the surgery, the dr. said that he was going to keep my son overnight because of the NAIT. When we got to the hospital that morning, they said they would only keep him for the day. After the surgery, they said he could go home as soon as he peed and drank the bottle of glucose water. 45 minutes later he still hadn't finished the glucose water, but they released him anyway. I feel that if they would have kept him overnight like originally planned, they would have caught the bronchiolitis in the early stages.
So my question is can I still sue. My son died Sept. 12, 1999. Since those things were not written down, the only thing that I think that I can sue for is my son's dr. not calling an ambulance for him and the fact that they sent him home so early after surgery. Can someone please help and give me advice as to how to go about this? Also, am I still within the statue of limitations?
Thank you,
Raquel

p.s. If you need anymore info, I will be more than happy to provide it to you if I can.

Originally posted by seraphim-7673
What is the name of your state? IL

My son was born July 14, 1999. He had Neonatal Alloimmune Thrombocytopenia. He was given my platelets and his platelet level stablized. He needed to have surgery for an inguinal hernia, but had to wait until he was 1 month old because of the NAIT. So when we went into have the surgery, he had a cold. I told the anestesiologist and she said everything would be fine. (I know now she was wrong). My son ended up getting bronciolitis from this. For a few days after the surgery he had problems breathing, we took him to his pediatrician and they gave him and albuterol treatment, and then had us drive my son to the hospital. (there was no ambulance for us). On the way to the hospital, he stopped breathing. We rushed him to the er and they were able to revive him. Unfortunately he was brain dead. He had to be put on a ventilator. For a few weeks he stayed this way. Then the attending physician boosted his feedings through the feeding tube and not too long after he kept spitting the formula up. I asked her to move the feedings back down and she told me no! That it was just acid reflux. I said, he's been here for 3 weeks and has had no problems until after you boosted his feedings. She just said it is acid reflux and walked away. That night, he aspirated the formula into his lungs and we had to take him off the machines because he was slipping away. Also, while he was in the hospital, they said that they did a genetic test he had Smith-Magenis Syndrome(SMS)
We took this to a lawyer and they had an employee of theirs ( who was a nurse) look it over and said he died b/c of the SMS, so they dropped the case.
I don't think that a nurse has the authority to say what my son died from, am I correct?
Also, we have tried taking it to another lawyer and he said that it would be a hard case to win because the anestisiologist didn't write down that my son had a cold. The attending physician didn't write down that I requested to have the feedings brought back down, and she is now dead.
Also, before my son had the surgery, the dr. said that he was going to keep my son overnight because of the NAIT. When we got to the hospital that morning, they said they would only keep him for the day. After the surgery, they said he could go home as soon as he peed and drank the bottle of glucose water. 45 minutes later he still hadn't finished the glucose water, but they released him anyway. I feel that if they would have kept him overnight like originally planned, they would have caught the bronchiolitis in the early stages.
So my question is can I still sue. My son died Sept. 12, 1999. Since those things were not written down, the only thing that I think that I can sue for is my son's dr. not calling an ambulance for him and the fact that they sent him home so early after surgery. Can someone please help and give me advice as to how to go about this? Also, am I still within the statue of limitations?
Thank you,
Raquel

p.s. If you need anymore info, I will be more than happy to provide it to you if I can.

You have had a difficult time, and your son was no doubt a source of distress. But that may not mean you have a stroing malpractice case. From what you say it appears that your son had multiple insults, from birth or perhaps as they later told you, from genetic problems. His direct cause of death may not be established.
Your recitation suggests that your son was not going to make it no matter what was done to help him. That may be what the lawyers you took your case decided. Maybe they were afraid to tell you that your son's death was inevitable. I am sorry, but that is how it appears to me.
Now while it may offend others on this panel, I am of the opinion that his death was a blessing. How long he would have lived is questionable. My guess from here is that he may not have survived his first year, and his suffering would have extracted from you nothing but pain and anxiety. Many infant deaths can not be attributed to a single cause. His medical care may have been a contributor to his death, but certainly was not the central cause.
Grieve as you must. You will find books and organizations to help you through this.

Yes, his death was directly caused by the medical care. There was nothing wrong with him when he had the surgery except that he had a cold. Why would he have died anyway?

[ellencee]

seraphim-7673
You need to verify this with an attorney in your area, but it appears that the statute of limitations was two years from the event that caused injury or when it was discovered but not more than four years after the event. However, a minor (under the age of 18) has until his or her 18th birthday.

If the statute of limitations has not run out, you may wish to find another attorney. Yes, a nurse (consultant) can tell the attorney for whom he or she is consulting that in the nurse's opinion, X was the cause of death. I believe in your case, the nurse's opinion was in error.

If the statute of limitations has not run out, I suggest that you focus on the failure of the physician to call an ambulance to transport your son and to keep your son in his office and under his care until such time as an ambulance arrived. If the physician believed your son needed to be taken immediately to the hospital for treatment, then the physician recognized a significant respiratory impairment.

Everything that happened after your son suffered brain damage from a lack of oxygen really has no impact. He was not going to recover with or without proper feedings. He was moribund.

As for the SMS, it is rare and it varies in intensity from mild mental retardation and mild behavior problems to profound mental retardation and profound behavior problems. Your son died too early to tell how he would have functioned.

My opinion is that the physician failed to protect your son by calling for an ambulance and providing care for your son until the ambulance arrived.

I hope the statute of limitations has not run out for you.

EC

[vrzirn]

Smith-Magenis syndrome is characterized by a defect on chromosome 17. It exhibits this interstitial deletion by profound hearing loss, visual impairment, orthopedic handicaps, cardiac involvement, hyperactivity, mental retardation , self-injuring behavior, brain abnormalities, as well as sleep disorders.
In other words, your son was going to suffer from almost everything that could posssibly be wrong due to this genetic defect. Everything was wrong with him. Although you are grieving and hope to assign blame and sue someone, his death is truly a blessing in disguise.
I hope you have intrauterine testing done if you become pregnant again.

I know what SMS is, I did a lot of research on it. My husband and I have been tested and it is not hereditary in our families. We now have a 9month old son and he is healthy. Although I am sceptical about our first son having SMS because the doctors originally told us that there were no genetic abnormalities with him, then days later they came to us and told us that he had SMS. I don't know if it was just the hospitals way of trying to cover up their mistakes or if it was true. We will never know. Even though there is not a lot of symptoms in an infant with SMS, Justin didn't have the symptoms that are normally found in an infant with SMS.

I had a daughter born premature. She was 6 months in the womb, and 6 weeks of life before she died. The fed her too much also. I couldn't use a breast pump to produce enough milk, due to all the stress I was under. I also felt the nurse had increased her feedings of the formula too quickly. She was getting ready to have a colostomy (sp?) the very night she turned for the worse. When I arrived at the hospital, she lived long enough to die in my arms. The first real time I could hold her. Had she lived, they say her complications would of been horrendes for her to live with. ie.. breathing, heart problems, and other medical problems. I hated the hospital, and God. I hated everyone!! I got down on my knees and begged God to answer to me. He did. My pain started to ease day by day. I have forgiven God. I still am trying to forgive the nurse. I am at peace now. Your journey will be long in healing. If you ever do. So what I am trying to get at is, I understand how the question of how the feeding went. Check to see if the feedings were according to the weight of your son. Acid reflux or not, as adults, we can stop eating when we feel full. Your son was at their mercy. Did you get all the hospital records on the feedings and so forth? When you get them, go to a doctor you trust and ask in their opinion if everything was done correctly. Ellencee is a good nurse. I do not think she would lead you on on any advise. God be with you and your husband in your search for the truth. I wish you the best and I hope you find what you seek.
~Summer~

[ellencee]

seraphim-7673
I really don't want to go into much detail about the effects of ventilation and enteral feedings. It is sufficient to say that with artificial ventilation, the incidence of regurgitaton of feedings is increased.

Yes, it appears that the feeding amount should have been reduced. However, it did not cause your son to die when he otherwise would not have died.

If he had no brain activity or was as you stated, 'brain dead', he was not capable of regaing the ability to survive.

If there is an area of malpractice, it is in the physician's failure to call for an ambulance to transport your son to the hospital. By failing to provide for the safety of your son, the physician breached his duty to the child. The hospital did not cause any significant damage that would not have occurred otherwise. Your son died of a lack of oxygen in route to the hospital, not from the feedings and aspiration or from the anesthesia while he had a cold.

Bronchiolitis is treatable but it can be a serious condition in such a young infant. The physician knew or should have known that an infant of that age, with bronchiolitis secondary to surgery for an inguinal hernia, was at risk for respiratory arrest. He failed to minimize the risk by keeping the infant in his office until an ambulance arrived.

If you were able to win a medmal suit, the amount of the award would be challenged based on quality of life that could have been expected for your son. Your son had SMS. vrzirn stated the worst of the conditions and his position would be asserted by the defense. Your side would have to assert that they are many children with milder forms of SMS, who live comfortable and happy lives though they require constant and devoted care and will never live 'normal' lives. I don't believe you want to put yourself and your family through any more heartache and suffering by pursuing a medmal claim.

I can't say that his death was a blessing because I believe children and adults with severe disabilities are often blessings to others, especially their parents. I hope you can find peace in the blessing of having him for the nine months you carried him and the two short months of life. I hope you can honor him by believing that his life was more important than his death.

Best wishes,
EC