Malpractise?

[modder1208]

What is the name of your state (only U.S. law)? Wisconsin

I am disabled with a birth defect called shoesbarry mark syndrome (no knuckles in my fingers, elbows fused, unformed feet). My wife and i got pregnant a while back and we knew from my mother and siblings that we had 50% chance to have a child with the same disorder and we are fine with that.

The due date was Oct 19th and we had induction scheduled for then for delivery.
Before this date, my wife asked her delivery doctor for another ultrasound to make sure things were ok before his birth and she said NO!

Oct 19th came around and my wife was induced and my son was born in the afternoon. He does have the disability and that's fine. Other than that, the doctors said he was fine.

Since he was born we have noticed that he has no control over his right arm and sometimes screams bloody murder when we try and carefully dress him, and its gotten extremely bad over the last few days. We were concerned he had a dislocated shoulder or broken arm from birth, and so today we finally decided we couldn't wait anymore and went to the walk in Urgent Care. His arm is broke and the doctor we saw said it was from before birth and it should have been caught by the doctors either before birth or right after while he was in the hospital.

He has suffered 12 horrible days with a broken arm, and now will need surgery to fix it.

It should have been caught and taken care of immediately, but was not.

Is there a case here? What can we do?

ty in advance,
Heartbroken in Janesville, WI

[lya]

Well, that was mighty presumptious of the urgent care physician to opine as what was or was not obvious at the infant's birth. An independent medical expert's review and opinion of the birth records and neonatal records is needed to determine whether or not any physical abnormalities were observed and noted but not treated.

With your son's conditon, I feel certain that a physical exam was performed at a level above that of normal exam of a newborn infant.

In addition to the physician's assessments, the infant received assessments from nurses and those nurses also bathed and dressed your infant. It would be most difficult to not notice an infant's high pitched cry of pain when his arm is manipulated.

I believe it would be most difficult to simply overlook the indicators of an infant's broken arm. I believe the bone may have been fractured without any separation of the bone and over the next few days, the fracture separated and resulted in more obvious signs and symptoms.

If the only treatment is surgical correction, it must be determined if surgical correction was needed from the onset or if a splint or cast could have been used. If failure to diagnose and treat occurred and a noninvasive treatment could have been used earlier, but surgical intervention is now required, there would be (most likely) a viable claim for damages.

For your peace of mind, consult with a medmal attorney. If an attorney is willing to investigate your claim, be prepared to wait close to five years before receiving any satisfaction.

To avoid seeming somewhat foolish, do not continue to present yourself as having been pregnant along with your wife or being scheduled for induction of labor along with your wife. Only the mother is pregnant and only the mother births the infant. You were not a pregnant couple. You were expectant parents.

(malpractice is the correct spelling)

[modder1208]

wow, sorry, must have posted on the wrong site. Thought maybe I could get advise not some condacending reply.

I was there every step of the way of the pregnancy and endured every hardship my wife did as I took a very active role in it.

I asked for direction, not some snoody reply.

No wonder our country sucks.

[modder1208]

and to nit pick spelling, is really just something that shows your bad character. (was on my way to emergency surgery when i posted originally and didn't give two bits about spelling)

Excuse me for asking for help, i didn't know you would act like the arrogant people that acted like it was a bother for them to deliver my child until they noticed the cord around his neck.

I will recommend no one to come here. I will definitely be looking for a place to put up a real site where people actually care, and direct those in need to it, and not here where they will be made to feel even worse when they read the replys.

I hope Karma plays nice with you, but I doubt it.

Do not worry, I wont be back to read your ridiculous reply's

[HomeGuru]

Originally Posted by modder1208

wow, sorry, must have posted on the wrong site. Thought maybe I could get advise not some condacending reply.

I was there every step of the way of the pregnancy and endured every hardship my wife did as I took a very active role in it.

I asked for direction, not some snoody reply.

No wonder our country sucks.

**A: you have a serious probem. This is a legal advice site. You need a mental illness site.

[HomeGuru]

Originally Posted by modder1208

and to nit pick spelling, is really just something that shows your bad character. (was on my way to emergency surgery when i posted originally and didn't give two bits about spelling)


**A: we do not beleive your excuse. You did not knwo how to ssspell the word anyway.

###############

Excuse me for asking for help, i didn't know you would act like the arrogant people that acted like it was a bother for them to deliver my child until they noticed the cord around his neck.

I will recommend no one to come here.

**A: please talk to no one and recommend that he/she not come here. When you talk to no one, tell him/her to say HI to cousins' some one and any one.


###########

I will definitely be looking for a place to put up a real site where people actually care, and direct those in need to it, and not here where they will be made to feel even worse when they read the replys.


**A: the word is replies as the plural form of the singular word reply.


#############

I hope Karma plays nice with you, but I doubt it.

Do not worry, I wont be back to read your ridiculous reply's

**A: too funny. You're on the site right now reading this.

[lealea1005]

Originally Posted by modder1208

wow, sorry, must have posted on the wrong site. Thought maybe I could get advise not some condacending reply.

I was there every step of the way of the pregnancy and endured every hardship my wife did as I took a very active role in it.

I asked for direction, not some snoody reply.

No wonder our country sucks.

Trust me, buddy, your "active roll" cannot even compare...even a little bit.....with what your wife went through. So cut me a break.

You got direction, legally accurate direction, by some one very knowledgable.

[ecmst12]

You were not pregnant. As much as you empathized with your wife's struggles, YOU did not carry the child in your body, YOU did not have morning sickness or stretch marks or other side effects of pregnancy, YOU did not experience labor pains or pass the child through YOUR birth canal. It diminishes your wife's experience in actually doing these things for you to claim you did them as well. I'm sorry if it's insulting to be reminded that you can only be the father, you can't also be the mother. But it's more insulting to your wife to claim that your experience of being a supportive partner and labor coach is equal to what she went through as pregnant/birthing mother - it isn't and all the wishing in the world won't make it so.

The rest of the advice Lya posted was also accurate and you'd do well to climb down off that high horse and read it.