Military Malpractice

[bgates]

What is the name of your state? Maryland/ I was currently living in the state of California with my ex husband, and I was pregnant with my daughter. When it came time to deliver her, I was in labor for over 30 hours. I have heard that after your water breaks you must deliver the child within 24 hours to make sure that the child or myself would not get an affection. Finally it gets to the point where I can start pushing and I deliver my child and she was born with braxial Plexus( her right arm was paralized). I have asked other physicians(civilian) what I or anyone else could have done to prevent her injury, they told me that the person who delivered her should have noticed that I was having a hard time with the delievery, because she wasnt coming down far enough and I wasnt dialating(sp?) quick enough, the baby was under distress from a prolonged labor(her heartbeat was dropping with every contraction)and that they should have taken me to have a c-section to prevent any injuries to me or my child. When I realized that she was not able to move her arm they explained to me that the reason for this was because she was such a large baby(9lbs 4 oz.) that her shoulder scrapped, and was against my cervix and she was not able to come out smoothly. We were sent home 3 days later(we had to stay longer since I didnt deliver within 24 hours of my water breaking) with an appointment to see a neurologist and a physical therapist. Luckly, she was able to mover her arm 2-3 months later. But I called a few civilian lawyers in the state I am currently living in and asked if they take suits up with the military, and they said no, with no reasoning. I know that my ex husband is not allowed to sue the military(in a contract somewhere since he is active duty) but what about dependents/former dependents? I have been told this is a possible malpractice situation. I didnt know if I should seek out a attorney? If so what kind of lawyer would I need to find that would be willing to sue the military!?

 

[pele]

FYI - search Google for brachioplexus injury and you will find the following.

Shoulder Dystocia:

Shoulder dystocia is an obstetrical complication feared by obstetricians because it is often unpredictable, requires immediate appropriate intervention and can result in injury to the newborn infant. The problem is caused by the fetus's shoulders being too large for the birth canal and thus becoming entrapped behind the pubic bone after delivery of the head. Large infants such as those of diabetic mothers are certainly at risk for shoulder dystocia, but normal weight infants may also suffer this complication. A review of the progress of labor is usually normal but prolonged second stage of labor followed by forceps delivery can also be seen.

The steps which should be taken and reflected in the medical records (both nursing and physician progress notes contain this information) are in sequence:

a) Prompt identification of this problem.

b) McRobert's Manuever. The mother's legs are removed from the stirrups and her knees are flexed back on her abdomen to expand the pelvic opening.

c) Suprapubic pressure or pressure over the mother's pubic area is applied (not fundal pressure which means pressing on the top of the mother's uterus which only worsens the problem).

d) Steady traction on the head without torquiring the head relative to the neck.

e) Rotating the fetus's upper shoulder downward and the lower shoulder upward, called a Wood's manuever, thus "corkscrewing" the fetus.

f) As a final effort intentionally breaking the fetus's clavicle to reduce the diameter of the shoulders.

A shoulder dystocia can result in a range of injuries from broken arm or clavicle, strain of the nerves traveling through the neck (brachioplexus) resulting in arm or shoulder paralysis or if more severe, cerebral hypoxia. When a shoulder dystocia occurs often times the question of why a caesarean section had not been performed is raised. This procedures is not used except in cases where a very large infant, perhaps more than 4,200 gm is anticipated by examination, sonogram or diabetic condition. An abnormally small birth passage such as that seen with a congenital deformity or prior trauma may also increase the risk of shoulder dystocia. Failure to perform a diabetic screening test or GLT, failure to perform or document the appropriate treatment steps or significant inconsistencies in the nurse's and physician's notes can lead to successful plaintiff cases.

 

[ellencee]

bgates
Probably, there is no act of negligence or malpractice that resulted in significant damages and those are two of the requied elements of a medmal suit.

Your daughter's arm had a degree of paralysis for 2-3 months, but has gained normal use and function of arm. As upsetting as it must have been for you, it did not actually do the baby any harm. If your baby does not have or does not gain full and normal use of her arm, then you may want to find an attorney who is willing to have an expert review the records.

Thirty hours of labor is unfortunately not unrealistic or abnormal, especially with a first delivery.

Pregnancies can be maintained safely for weeks after the water breaks, though it is highly recommended that the mother be hospitalized for the duration of the pregnancy. The risk of infection is high after the 'water breaks' but one must actually develop an infection due to improper medical care before one has been damaged by improper care. You did not state that you developed any infection, so that is a moot point.

Brachioplexus can occur when no forewarning signs are apparent and you provided no reason to suspect the physicians knew or should have known that by failing to perform a C-section, your daughter would suffer a brachioplexus injury.

Thankfully, your daughter seems to be recovering from this birth injury without any neurological deficits.

Best wishes,
EC

 

[-- Cali--G--]

You cannot sue the military, they are protected from this, it may not make any sense, but it is a fact.

A young man recently at Travis AFB went in for his appendix. Surgery went well, in his after care he was left with a resident nurse and someone noticed him turning blue. He was left without oxygen for 15 mins. and eventually was taken off life support and passed. There was a artical in the paper about his parents being upset that they couldn't sue. The military has had this in the books since world war two.

 

[kristia]

military cases

You cannot sue the military, they are protected from this, it may not make any sense, but it is a fact.

A young man recently at Travis AFB went in for his appendix. Surgery went well, in his after care he was left with a resident nurse and someone noticed him turning blue. He was left without oxygen for 15 mins. and eventually was taken off life support and passed. There was a artical in the paper about his parents being upset that they couldn't sue. The military has had this in the books since world war two.

The military member can not sue the military, the contract they sign when they join, pretty much says they are the property of the US government. On the otherhand, a dependant has every right to sue, because they are not a member of the military itself.

 

[monnickasmommy]

broken arm or clavicle

My daughter had a broken clavicle, she was born breach- just watch her arm, I have notice that in the winter time if I pick her up on her right side she cries owieee (lol) and then grabs her sholder- I have to get it ex rayed every 6 months to make sure it does not build up calcium(sp) deposits.