Do we have a sturdy legal suit?

What is the name of your state? Georgia

Hi, hope Im doing this right??
My son was born 7 weeks premature after two long weeks of labor. He stopped breathing the night he was born (which is known as apnea) and the NICU Physicians told me he would not go home until they knew this would not happen again. He was put on a feeding tube because he would not eat. They said he had to eat 2 oz (60 cc'c) before going home and we couldnt get him to eat more than 15 cc's a feeding. Miraculously overnight on the fifth day after he was born he ate 2oz 'according to the NICU staff' but when we came to get him he would not eat but we were so excited we just thought he was having a bad day and we trusted what they said. They made us watch a 20 minute CPR video and sent us home. We never got our son to eat more than 20-30 cc's for months...interesting considering they said he ate 2 oz the day he was released. I called the NICU doctor the day after he got home becaue he would not eat a drop all night and she was more concerned with me possibly accusing her of sending him home too early but saying "Well, I just want to let you know that I have only sent one baby home too early in 20 years of being a doctor". She proceeded to tell me if he did not eat 2 oz by the next day he would have to come back....obviously he did not so I called and left her a message the next day because I wanted to do what was best for him and she NEVER called me back!! EVER!! He was always hurting in pain for days following bringing him home on top of not eating. I knew somethign was wrong but his pediatrician said it was normal preemie grunts??? Being a first time mother I did what everyone told me and tried to not worry which I didnt do a very good job of. Two weeks later, after calling my sons pediatrician yet again because he kept vomiting digested milk, I layed him on my chest because he was hurting so bad and he finally fell asleep and about half hour later I just picked him up because I felt something was wrong and he was completely blue and limp. I performed CPR and hit his back and then called 911 not to metion completely panicking!!! The paramedics arrived and he was still blue but breathing very shallow.
We found out later after many months in the hospital and two surgeries that he had severe apnea and brady cardias and he had a severe case of reflux which resulted in an emergency surgery that tied his stomach around his esophogus which has caused him to not be able to vomit or spit up which ofcourse causes problems now as he gets older when he has stomach viruses, he has already had to be hospitalized for one stomach virus because he could not vomit and get it out quick enough. The interesting part is we are not sure if the hospital kicked him out because they thought we did not have insurance or maybe the insurance company would not cover him anymore because there kept being a mix up the whole time I was in labor becasue we had to go through the COBRA lawfor insurance, because my husband had jsut started a new job.
I feel that 1- they should have evaluated him longer considering he stopped breathing the night he was born. 2- that they should have atleast offered a heart monitor for him to go home on to monitor his breathing which he was later put on for 6 months because his condition was so severe (he would have up to 25 apneas a day some days). 3- I feel that possibly his stomach condition which was one of the many causes for his severe apneas possibly may not have been so bad to have caused a surgery that could permanantly keep him from vomiting, could have been treated if they would have watched him longer and caught it before sending him home only 5 days after being born and stopping breathing. 4- to now know that most likely my son stopped breathing many times before that day but LUCKILY brought himself back which can happen. 5- the simple fact that I had to save my sons life instead of the hospital......which is a disgrace to me. 6- It seems very wrong to me that they can send a premature baby home after five days when he had a life threatening episode without being completley cautious by sending him home on a monitor atleast
Ok, as you can see this means alot to my husband and I. IT just seems wrong that if he would have passed away that day we would probably definently have a lawsuit but since he lived it is less likely. Is this true and do we have a lawsuit? and what advice to you have. PLEASE HELP US THIS MEANS ALOT TO US!!

[ellencee]

kim26
With the limitations of time and space, I can't possibly break your post down into separate issues and give an explanation on each point that will satisfy your need for information and understanding.
What I can tell you is that I believe you have just cause to file a complaint with the hospital administration as regards untimely discharge and unacceptable follow-up intervention by the treating physician. You may even want to file a complaint with the physician's licensing board and ask that the board review your complaint and the records and take action that the board deems appropriate.
I do not believe you have a claim for malpractice as you will not be able to prove the necessary element of 'but for the actions of the physician' your son would not have suffered apnea, required CPR, or required surgery to correct the reflux condition.
I encourage you to find out why your son was discharged before his condition was stable for more than a day and why you were not given an apnea monitor and/or home health services. Then, follow up with the appropriate agency--the hospital or the insurance company--and raise a ruckus so that it does not happen to the next premature infant and his or her parents.
Unless there is information not available in this post to support the element of 'but for' the actions of the physician or the hospital, I do not believe a claim of malpractice against anyone exists.
Your care of your infant and your life-saving responses to your infants needs are worthy of praise--thank you for being a competent and caring parent.
Best wishes.

Thanks 'Ellencee' for the advice. I am going to look into filing a complaint to the Physicians Licensing Board this week. Do you know how you begin the process? Im not very good at legal situations but I can write a damn good letters...heeeheee! But I want to come across to the hospital that I know what Im talking about (even if I dont) so they will take me seriously and NEVER let this happen to another baby again!! Thanx again!!

kim26
please email ellencee as she is not posting on this forum at this time.

[email]ellencee@hotmail.com[/email]