Baby bit by ants in NICU develops infection & dies

[Willlyjo]

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.



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.

It appears that since one of the triplets is indeed doing quite well, for all intents and purposes (in the context of the Op's post), he IS as capable of living as is a full term baby! We are talking about the baby that is doing well and going to survive.

I agree that some babies at 23 weeks don't have a chance that a full-term baby has--like you said maybe only 25% chance, but in this case, the baby is beating such odds. Also, even some full-term babies don't have as good of a chance as some full-term babies have, so what are you really trying to say that isn't a bit ambiguous anyway?

 

[teflon_jones]

It appears that since one of the triplets is indeed doing quite well, for all intents and purposes (in the context of the Op's post), he IS as capable of living as is a full term baby! We are talking about the baby that is doing well and going to survive.

I agree that some babies at 23 weeks don't have a chance that a full-term baby has--like you said maybe only 25% chance, but in this case, the baby is beating such odds. Also, even some full-term babies don't have as good of a chance as some full-term babies have, so what are you really trying to say that isn't a bit ambiguous anyway?

This thread was started late in 2009. Things have either worked out or not.....

 

[Antigone*]

This thread was started late in 2009. Things have either worked out or not.....

teflon, this is typical willy. We just ignore, report or correct his/her posts.

 

[FLRussianHubby]

Wow

First, Capt. You and your family are in my prayers...

I just have to say that between reading this and my own medical history, I'm REALLY losing faith in our medical system. Ants in NICU?!?!? This sounds like third-world-country stuff--NOT America! How have we allowed things to get this bad here?

 

[captgriggs]

Great!

The surviving brother is doing awesome! We were told that he'd be death and blind with severe brain trauma. Well, the little fellows brain turned out just fine, he wears glasses and just got fitted for a tiny hearing aid to help him with different pitches. So it looks like the odds of his brother making it would have been pretty good since he was the healthiest of all 3 with very limited issues.

We are now on our 3rd attorney, the previous 2 didn't think there was a wrongful death case. That's fine however, there should be something we can do about the actual ants biting and then the losing and reappearing of the autopsy request. O, yeah I requested that an autopsy be performed and that's in the medical records on the proper forms. We were told "due to a clerical error, the body was released for cremation prior to performing an autopsy". I mean come on people. What is p*ssing me off the most is we can't even get an attorney to file a case on that or the mistreatment. So far, they continue to focus on the wrongful death and if the pay out isn't going to be large enough or a slam dunk case we get the boot, literally.

Hopefully, the new firm will help us make our stand. At this point I am willing to invest my entire life savings and liquidate everything else if necessary. But, I can't because I got little man here to worry about.

Basically, the advice I need is..... Do we have the right to file a lawsuit for whatever legal words for them not performing an autopsy after it was officially and properly requested. Also, file a suit for the actual ant bites that were logged in the nurse notes? The nurse actually wrote that "ants were discovered on baby and puss spores were seen on his legs. However, cannot be sure if they were ant bites". Of course they are not going to identify to that extent, however if those were pre-existing puss spores why weren't they covered with bandages??? Well??? Ok, no bandages? Could this be the way the infection could have set in? There are so many holes in everything I'm not seeing how this isn't a slam dunk...... If there's an attorney in Alabama that reads these posts and is interested in our case, please let me know. We have only made a phone call and left a message for a new attorney at this time.

Thanks!

 

[Proserpina]

The surviving brother is doing awesome! We were told that he'd be death and blind with severe brain trauma. Well, the little fellows brain turned out just fine, he wears glasses and just got fitted for a tiny hearing aid to help him with different pitches. So it looks like the odds of his brother making it would have been pretty good since he was the healthiest of all 3 with very limited issues.

We are now on our 3rd attorney, the previous 2 didn't think there was a wrongful death case. That's fine however, there should be something we can do about the actual ants biting and then the losing and reappearing of the autopsy request. O, yeah I requested that an autopsy be performed and that's in the medical records on the proper forms. We were told "due to a clerical error, the body was released for cremation prior to performing an autopsy". I mean come on people. What is p*ssing me off the most is we can't even get an attorney to file a case on that or the mistreatment. So far, they continue to focus on the wrongful death and if the pay out isn't going to be large enough or a slam dunk case we get the boot, literally.

Hopefully, the new firm will help us make our stand. At this point I am willing to invest my entire life savings and liquidate everything else if necessary. But, I can't because I got little man here to worry about.

Basically, the advice I need is..... Do we have the right to file a lawsuit for whatever legal words for them not performing an autopsy after it was officially and properly requested. Also, file a suit for the actual ant bites that were logged in the nurse notes? The nurse actually wrote that "ants were discovered on baby and puss spores were seen on his legs. However, cannot be sure if they were ant bites". Of course they are not going to identify to that extent, however if those were pre-existing puss spores why weren't they covered with bandages??? Well??? Ok, no bandages? Could this be the way the infection could have set in? There are so many holes in everything I'm not seeing how this isn't a slam dunk...... If there's an attorney in Alabama that reads these posts and is interested in our case, please let me know. We have only made a phone call and left a message for a new attorney at this time.

Thanks!

I think...you're making a HUGE mistake.

I understand your point of view - but if two attorneys have turned it down, it really is a very strong indicator that you don't have a viable case.

 

[captgriggs]

Thanks for the response. The two attorneys in question mainly interested in a wrongful death case, that's not what we're wanting to go forward with. We agree that would be almost impossible to prove. We want to proceed with the lack of observation to allow ants to get to him and then not do an autopsy after one was requested and approved by the head NICU Dr. It was our choose not to stay with one of the two attorneys because of his timeliness of working our case. It took him 7 months to come to his findings which took the previous firm 5 weeks to get an answer. So, technically only one attorney turned it down, the 2nd offered his services for but after seeing the professionalism we decided to move on.

It should not be unreasonable or a mistake to file a suit based on those two things when crazy things go to court everyday, and win. I just want to file our case and let a judge decide.

Today I contacted the news stations and newspaper and they will be contacting the hospital for a statement. I am determined to file a suit without or without a lawyer. Nothing I am saying is slander or lies. Everything regarding the facts that I've spoken is here in black and white from the medical records.

Let me ask, honestly what would you do???? If I do not pursue this I may as well do nothing if someone walks right up and slaps my child.