| My son is now 9 years old, he was born 6 weeks prematurely due to inadequate care from my OB/GYN. I was diagnosed with Gestational Hypertension, Hyperemisis Gravidurum, put on bed rest, but syptoms persisted throughout pregnancy, regardless of weekly dr. visits for nearly the entire pregnancy. After my Dr. partner admitted me to ICU, it was determined that my electrolytes were so low, they were amazed that my heart had not stopped. I went into spontaneous labor while in the hospital, so instead of stopping it, by Dr. broke my membranes and made me have my baby so he "didn't have to go home, and come back to the hospital later".
My son was born with Respiratory Distress Syndrome and was intubated for 4 days. The hospital performed an ultrasound on his brain to check for intracranial bleeding- there was none. Therefore, the birth canal pressure theory is invalid in this case.
However, 9 days after birth (5 days after extubation) by son was diagnosed with an Intraventricular Hemmorage Grade IV, and hydrocephalis. He has had a Ventricular Shunt in place since age 2 months, and at 18 months he was "officially" branded with Cerebral Palsy.
I want to know 1.Would the OB be liable for neglegent care resulting in premature delivery. or 2. Would the hospital be liable for insufficiant monitoring post extubation (blood pressure fluxuation and lack of oxygen saturation- both of which can cause Cerebral Palsy).
Secondly, what about Statutes of Limitation? Perhaps it's too late for me to pursue, but what about my son?
Thank you.
P.S. We live in California.
[Edited by MissJenn on 03-09-2001 at 02:30 PM] |