Baby bit by ants in NICU develops infection & dies

[captgriggs]

Wow

This is getting very aggressive. From my point, my son was born and lived 5 weeks regardless of percentage of survival statistics. From day one, he was a living breathing American boy who has rights and protections against any kind of damage, discomfort or life threatening events cause by the neglect of the institution ie... ant bits while in their custody This changes the entire ball game and those percentages should now be thrown out the window.

If a child is snake bit while being cared for by a daycare, gets treatment and develops a side effect form the only medications that can be given to save him/her and then dies, is the daycare responsible? I would think yes..... that child was in their custody during the event and they should’ve been watching him/her. Was Mickey D’s responsible for someone burning themselves after buying coffee, and being sued for Millions? lol, that’s a subject worth disputing. If this happened at home, social services would probably take the child for child abuse or neglect.

I can not attest to skin thickness or any other premature issues, I'm not a doctor however, I am a father and it severely pisses me off my fragile son had to endure ant bits because someone didn't do their job. I don't know where responsibility lies within their organization ie, nurses, maintenance, exterminators but, I do know that it does not lie with me, his mother or himself. My precious and delicate boy couldn’t knock them off or even cry due to some many tubes down his throat.

So, please keep in mind when giving your opinions that we are aware that premature babies have risks, that’s not what this is about.

 

[captgriggs]

Ins. update

I forgot to mention that my insurance company stepped up and agreed to a transfer pending to when he's healthy enough to withstand the move. They have also appointed a staff nurse to oversee and give guidance when needed for us. Those guys are really coming through now.

 

[ecmst12]

I'm glad your remaining child is doing well and I hope he continues to get stronger.

 

[justalayman]

I'm glad your remaining child is doing well and I hope he continues to get stronger.

ditto.

and feel welcome to give updates concerning the situation.

 

[captgriggs]

Thanks

Thanks guys.... As if this isn't enough I'm afraid we now have a FMLA issue with my wife. Prior to taking off (she was only off 5 weeks of the 12 allowed) she was moved to another location and giving more duties and responsibilities which were higher than what she was hired to do. Basically she was a Site sales lead and the change was the role of assist. regional sales lead. Work brought in a TEMP replacement (just so happens to have a past with our boss) to cover for her until she returned. Well upon returning she was informed that she was not going to be taking over those duties, they decided to keep the temp. We're starting the process today.... It seems like when it rains, it really does pour.

 

[CJane]

Thanks guys.... As if this isn't enough I'm afraid we now have a FMLA issue with my wife. Prior to taking off (she was only off 5 weeks of the 12 allowed) she was moved to another location and giving more duties and responsibilities which were higher than what she was hired to do. Basically she was a Site sales lead and the change was the role of assist. regional sales lead. Work brought in a TEMP replacement (just so happens to have a past with our boss) to cover for her until she returned. Well upon returning she was informed that she was not going to be taking over those duties, they decided to keep the temp. We're starting the process today.... It seems like when it rains, it really does pour.

What process are you starting?

FMLA does not guarantee that your wife (or anyone) will get their EXACT job back, only that they will get A job back within the company w/similar or better pay.

 

[cbg]

Well....not quite.

It's more than pay. If the employee does not get their own job back, the job they do get has to be comparable in all respects; pay, shift, benefits, commute, prestige....It's not enough to say that as long as the pay is comparable, it's okay.

However, FMLA does not protect an employee from a change that would have transpired regardless of whether they took leave or not. IF she would have been transferred regardless, or given additional responsibilities regardless (and I am not saying this is the case, just making the point) then the fact that she was on FMLA does not invalidate the change.

 

[captgriggs]

Update

Our 3rd son of the triplets is doing awesome. He has excelled past everything the doctors had foreseen. The whole thing with his mom not going back to work was a blessing in disguise. We have still not found an attorney to take the case because its a state hospital and the payout isn't worth their time unless they can prove neglect. I really don't understand,when we got a copy of the medical there was even a copy of the request for autopsy from us and on top of it was a note stating that it was performed prior to cremation due to a clerical error. Come on...... I'm completely lost, I feel that this story needs to get out.

 

[Willlyjo]

This is really appalling. I'm forwarding this thread to the moderator and asking to have the potentially damaging posts removed. I suggest that others do the same. Just because you CAN be blunt on a legal forum doesn't mean that you SHOULD be blunt in this situation. Lya, I really just can't believe that you'd use take advantage of this opportunity to make a shocking and hurtful statement for "impact". And really, ecmst12, you should be ashamed for backing her up.

Not only have I experienced losing an infant, I am coming from a point of experience in the field; I have a PhD in Human Biology, and I’m a molecular biologist by trade. I'm sorry to say that your opinion as pediatric nurse is incorrect. You are wrong that this would normally be considered a miscarriage—there is no such think as a miscarriage after 20 weeks gestation. If a baby passes away in utero after 20 weeks it is considered a stillbirth, and if early labor cannot be stopped at 20 weeks and a baby is born living, it is a live baby. No NICU nurse would ever refer to her patient as “the fetus on the ventilator in room 3”.

You are UTTERLY wrong in saying that a baby this age "lacks skin". Seriously, are you lying about having experience as a nurse? Skin is one of the earliest organs formed, and at 22.5 weeks a baby's skin, while thin and delicate, has been completely formed for several weeks and is coated for protection with a waxy substance called vernix. More importantly, f you had even cared to follow the timeline, OP's son with the ant bites was about 28 weeks old when he died. He had already been alive for 5 weeks. A baby who makes it to the 27.5 week period has a 90 percent survival rate, 80-85% if he or she is born as a multiple. For an example of what a premature baby outside of the womb looks like at this age, follow one of these links:

www.askanob.com/images/349_premature_baby.jpg

www.miraclebabyanastasia.com/9-1-05AnastasiaQ.JPG

A far as what implications any of your bogus information might have in regards to OP’s case, you obviously haven’t even correctly comprehended the reason for his post in the first place. OP never asked about his chances at winning a medical malpractice suit. In fact, he didn’t mention pursuing wrongful death charges or negligence charges at all.

All he asked was what he could do to prevent this from happening to his only remaining son, specifically in regard to the practice of allowing food and drink in the NICU, and was wondering about the possibility of overriding his insurance company in the matter of transferring his son to another hospital.

So tell me, how does your insistence that his son is an underdeveloped fetus lacking skin and bound to die relate to the case he’s making for a “no food & drink in the ICU” policy and his desire to transfer to a more trusted hospital?

Very excellent post! Very informative and it covers all the bases! I commend you! I also agree with you that the callousness and insensitivity displayed in this thread is outrageous and I sympathize with the Op hoping the remaining baby survives. Am I surprised about the high degree of such callousness and insensitivity? No I'm not!

 

[Willlyjo]

It's already been pointed out that transferring the remaining child anywhere would be extremely unwise, medically speaking. That's not the insurance company's fault or the hospital's fault. Making a complaint to the hospital administrator or the board of nursing or the joint commission might get some action in that regard.

We are here to tell the truth, even when the truth is hard for someone to hear.

Agreed...we are here to tell the truth, however, the truth that is hard for someone to hear is totally unnecessary when it infringes on a rollercoaster of emotions the Op and his family is experiencing. What motive would you have to even agree with such unnecessary truths that Lyla spoke of? Clearly, you both should have stayed at a safe distance on this one.

Localrocket with your 73 posts and Pinkey with you 32 posts: You really impress me! I can easily see you as very effective future Senior Members! Good job and good luck!

 

[Willlyjo]

The truth is the truth and the statement was made for impact--impact that a fetus at 22 1/2 weeks is nowhere near developed, nowhere near capable of living outside the womb, nowhere near the same as a full-term baby; therefore, all aspects of this potential claim must be in the context of an undeveloped baby or fetus of 22 1/2 weeks.

Bedside manner--like I'm at a bedside or in a therapeutic relationship with a patient...this is a med-legal forum, not a hand-holding session or a feel-good, song-singing, share the love get-together.

The truth is the truth and the truth IS: A baby born at 22 1/2 weeks IS developed enough that it could be distinguished from a fetus; IS capable of living outside the womb and IS just as capable of of living as a full-term baby.

You forgot to delete this post of yours too since it is grossly inaccurate.

 

[Proserpina]

The truth is the truth and the truth IS: A baby born at 22 1/2 weeks IS developed enough that it could be distinguished from a fetus; IS capable of living outside the womb and IS just as capable of of living as a full-term baby.

You forgot to delete this post of yours too since it is grossly inaccurate.

Willly, I'm going to give you the benefit of the doubt on this thread - and try to explain what Lya was actually saying.

Lya was not, I believe, saying that a 22 1/2 week old fetus is absolutely unable to survive or could not survive once born.

The way I read it, Lya was pointing out the obvious difference between a 22 1/2 week old fetus and a full term newborn and was trying to concentrate on the fact that the discussion concerns the former and not the latter.

There is a different - a vast difference - in both context, interpretation and implication.

(Lya - I'm not speaking for you. But simply explaining that's how I've read your post)


Does it make more sense, Willly, the way I phrased it?

 

[justalayman]

The truth is the truth and the truth IS: A baby born at 22 1/2 weeks IS developed enough that it could be distinguished from a fetus; IS capable of living outside the womb and IS just as capable of of living as a full-term baby.

You forgot to delete this post of yours too since it is grossly inaccurate.

first, a 22 1/2 week in utero child is a fetus and remains a fetus until born.

this is an excerpt from a description of the progression of the growth of a baby.

"A baby born during the 22nd week has a 14.8 percent chance of survival. And about half of these survivors are brain-damaged, either by lack of oxygen (from poor initial respiration) or too much oxygen (from the ventilator). Neonatologists predict that no baby will ever be viable before the 22nd week, because before then the lungs are not fully formed." 4 Of course, if someone develops an artificial womb, then this limit could change suddenly.

Fetal survival rate:"Most babies at 22 weeks are not resuscitated because survival without major disability is so rare. A baby's chances for survival increases 3-4% per day between 23 and 24 weeks of gestation and about 2-3% per day between 24 and 26 weeks of gestation. After 26 weeks the rate of survival increases at a much slower rate because survival is high already."

No, a 22 1/2 week old fetus is NOT as capable as living as a full term baby. From what I have been reading there is generally considered to be less that a 25% chance of survival of a baby born at 23 weeks.

 

[BobFlannagan]

Lya...I am also appalled at your callousness. Your post was absolutely unnecessary and cold.

I have NEVER heard of a baby in NICU, that is receiving treatment called a fetus! He is their child, as was the baby that passed from the complications and ant bites.

You claim to be an expert... you may even be correct in your clinical analysis... but ... WHOA.....you need to take some classes in bedside manner AND sensitivity.

Capt. you have my deepest sympathies in the loss of your two sons, and I pray that your son will overcome the odds. I honestly don't know why someone would post something like lya did.

I saw nothing wrong the LYA's post.

 

[Willlyjo]

Willly, I'm going to give you the benefit of the doubt on this thread - and try to explain what Lya was actually saying.

Lya was not, I believe, saying that a 22 1/2 week old fetus is absolutely unable to survive or could not survive once born.

The way I read it, Lya was pointing out the obvious difference between a 22 1/2 week old fetus and a full term newborn and was trying to concentrate on the fact that the discussion concerns the former and not the latter.

There is a different - a vast difference - in both context, interpretation and implication.

(Lya - I'm not speaking for you. But simply explaining that's how I've read your post)


Does it make more sense, Willly, the way I phrased it?

In the context in which you interprete it, yes it makes sense. Tell me though, if it was me who said that, you would have bit my head off about it wouldn't you have? I think your latest response to one of my posts was cordial and the way all reponses should be ! Thanks!