Obgyn- Medical Malpractice

[critterperson]

What is the name of your state? Illinois
I was wondering if I have an actionable Malpractice Case against my OBGYN I will try to make this short-If you have questions just ask and I can fill in any blanks

2001 - Had first baby - GBS+ in urine had IV Antibiotics prior to scheduled C-section (c-section due to breech presentation) I also had gestational diabetes

2003- Lost pregnancy @ 18 weeks induced labor removed placenta with ring forceps (tore it out)- I ended up getting a 104.5 fever due to blood infection caused by GBS...spent 5 days in hospital on antibiotics and sent home on antibiotics.......never spoke to this doctor again.

2004-baby born in October (c-section doctor refused v-back @38 weeks pregnant said I would have to find another doctor if I wanted V-back) I was given antibiotics literally seconds before initial incision anesthesiologist started IV.- Baby born via suction devise attached to baby’s head (he was so far up that they could not manually remove him) - 5 minutes later nurse removed baby from room said he was having difficulty breathing but he would be able to be with me in recovery and it was normal for babies born via c-section to have initial problems breathing- 2 hours later neonatologist comes to my room to inform me that my 36 week old preemie is having trouble oxygenating himself and that my gestational diabetes is why he was so large at 36 weeks (7lbs 15oz) I responded by telling him that according to my doctor and the tests I was not a gestational diabetic and that this was a planned 39 week c-section( doctor did not listen to my dates went based on ultrasound)............ he looked like he swallowed a rotten egg--------he left……….the neonatoligist came back about 20 minutes later and stated that he wanted to intubate my baby but was advised by level III NICU not to and to transfer my baby to their facility (hospital in another town) We did this they did x-rays tried to put him on a bubble cpap machine and blew a hole in his lung (large nemothorax) …..They ended up putting my son on a ventilator for 8 days (he would not breathe on his own due to pain from nemothorax)- He was on a nasal canula for 5 days, got pheumonia and was diagnoses with sepsis. He spent almost a month in the hospital and to this day still has a condition referred to as tachypnea (rapid breathing 60+ breaths per minute) and is on a heart lung monitor 24/7. Told by pediatrician that this is likely a permanent condition and could cause life long asthma symptoms (he already wheezes when he moves around too much or gets excited) what are my options???

I forgot to mention that in this pregnancy I was also GBS+ in my urine from 4 months on and I had several severe bladder infections late in my pregnancy due to it.

 

[ellencee]

critterperson
OB/GYN is certainly not my specialty, but I believe I can interpret available information on GBS as it relates to your post.

Group B Streptococcus is no longer treated with antibiotics prior to labor and delivery. IV antibiotics are given during active labor or delivery (as in a C-section). Current treatment modality has proven effective whereas previous treatment with antibiotics during pregnancy did not prove effective. The exception is when a pregnant woman has GBS present in her urine during pregnancy; antibiotic therapy is indicated at this time rather than waiting for labor and/or delivery.

From your description of events, I do not see any indication that your infant developed any problem directly related to GBS. Mechanical ventilation sometimes causes pneumothorax(s) to develop; it is a known risk. Another known risk is the patient is predisposed to developing a respiratory infection such as pneumonia.

I do not see any damage to your infant that appears to be caused by an act of medical malpractice.

Consult with a medmal attorney in your area; find out the merits of the claim and the statute of limitations that will apply.

EC

 

[critterperson]

critterperson
OB/GYN is certainly not my specialty, but I believe I can interpret available information on GBS as it relates to your post.

Group B Streptococcus is no longer treated with antibiotics prior to labor and delivery. IV antibiotics are given during active labor or delivery (as in a C-section). Current treatment modality has proven effective whereas previous treatment with antibiotics during pregnancy did not prove effective. The exception is when a pregnant woman has GBS present in her urine during pregnancy; antibiotic therapy is indicated at this time rather than labor and/or delivery.

From your description of events, I do not see any indication that your infant developed any problem directly related to GBS. Mechanical ventilation sometimes causes pneumothorax(s) to develop; it is a known risk. Another known risk is the patient is predisposed to developing a respiratory infection such as pneumonia.

I do not see any damage to your infant that appears to be caused by an act of medical malpractice.

Consult with a medmal attorney in your area; find out the merits of the claim and the statute of limitations that will apply.

EC

Would the fact that I was an undiagnosed gestational diabetic or the fact that he was born a month early effect this???

 

[rmet4nzkx]

Going by ultrasound alone when there is a conflict in dates at the end of a pregnancy may be a problem as they may be several weeks off at that point as opposed to +/- 5 days early in pregnancy, that may be why the doctor reacted as he did. So, your history of ultrasounds will come into play in addition to your dates post LMP. Was there amnio to determin lung maturity or administration of steroids to ripen the lungs prior to birth? I ask because of the planned C Section and the conflict of dates. Is there a history of allergies, lung or liver disorders in your family? All children with asthma should be tested for A1AD and free and confidential testing is available at http://www.alphaone.org It is possible there may be some mal-practice but answers to these quesitons will help to determine.

 

[critterperson]

Going by ultrasound alone when there is a conflict in dates at the end of a pregnancy may be a problem as they may be several weeks off at that point as opposed to +/- 5 days early in pregnancy, that may be why the doctor reacted as he did. So, your history of ultrasounds will come into play in addition to your dates post LMP. Was there amnio to determin lung maturity or administration of steroids to ripen the lungs prior to birth? I ask because of the planned C Section and the conflict of dates. Is there a history of allergies, lung or liver disorders in your family? All children with asthma should be tested for A1AD and free and confidential testing is available at http://www.alphaone.org It is possible there may be some mal-practice but answers to these quesitons will help to determine.

There were no tests done prior to delivery to determine lung maturity- There is no history of any problems with liver or lungs in my family- I had a total of three ultrasounds the first and last one were done by the same doctor the middle one was a level II and it suggested that my due date was off by a little more than a week (later) yet my due date remained the same?? My son was given surfactant after they blew a hole in his lungs- the were basing their treatment on a full term baby it wasn't until after they gave him a pnemothorax that they determined that his lungs were immature

 

[ellencee]

critterperson
I don't see any effect of gestational diabetes except for what could be considered greater than normal birth weight. I also do not see any effect of his being born a month early unless it has to do with lung immaturity. For various reasons, C-sections seem to be routinely performed at 37, 38, and 39 weeks; sometimes, but not always, the mother is given steroids (prednisone) to improve fetal respiratory function ("ripen" the lungs).

Perhaps there is some validity to a theory of 'should have given the mother prednisone', which should have/could have prevented the need for mechanical ventilation.

Only an OB/GYN medical expert with the same qualifications and similar practice as your treating OB/GYN will be able to render an opinon on whether or not your treatment records indicate one or more areas of medical malpractice that resulted in significant damages to your infant.

Consulting with a medmal attorney in your area should be your next step. If an attorney is interested in your claim, the attorney can gain a copy of your medical records and have the records reviewed by an appropriate medical expert.

Ultrasounds do not provide exact measurements of fetal size or provide 100% accurate identification of fetal gender or number of fetuses! Ultrasound findings are a diagnostic tool, not an authoritative finding.

Amniocentesis is a risky procedure, though considered a safe procedure; but it is not done routinely in every 'early' delivery situation. In the presence of GBS, it's very possible that the risk of amniocentesis is greater than not performing one. It is possible that an amniocentesis was not indicated and therefore not necessary. Again, only the appropriate, reviewing medical expert can render an opinon on the issue.

EC

 

[critterperson]

critterperson
I don't see any effect of gestational diabetes except for what could be considered greater than normal birth weight. I also do not see any effect of his being born a month early unless it has to do with lung immaturity. For various reasons, C-sections seem to be routinely performed at 37, 38, and 39 weeks; sometimes, but not always, the mother is given steroids (prednisone) to improve fetal respiratory function ("ripen" the lungs).

Perhaps there is some validity to a theory of 'should have given the mother prednisone', which should have/could have prevented the need for mechanical ventilation.

Only an OB/GYN medical expert with the same qualifications and similar practice as your treating OB/GYN will be able to render an opinon on whether or not your treatment records indicate one or more areas of medical malpractice that resulted in significant damages to your infant.

Consulting with a medmal attorney in your area should be your next step. If an attorney is interested in your claim, the attorney can gain a copy of your medical records and have the records reviewed by an appropriate medical expert.

EC

Thanks for your imput- Gestational diabetes causes a fetus's lungs to mature at a slower rate than mothers that are not diabetic and most gestational diabetic mothers are tested for lung maturity prior to delivery in the case of planned c-sections- Several doctors and nurses told me this while he was in the NICU. A nurse also told me in confidence that GBS is not required to be treated prior to a c-section but it is a common practice and that they base malpractice on what another doctor would have done had you presented to them for treatment and given that 90% would have given IV antibiotics 2 hours prior to the c-section that is what she would be judged against as a standard of care.

 

[ellencee]

critterperson
I prefer not to address the gestational diabetes issue. As you stated in your original post, you slammed a physician for telling you that you had gestational diabetes during this pregnancy and you informed that physician that during your pregnancy you had no confirming tests, etc. In subsequent posts, you state you had undiagnosed gestational diabetes.

Without your medical records to review, including all labwork, it is impossible to determine if you had indicators of gestational diabetes and that is all I would be able to tell you if I reviewed the records. Diagnosis is a physician responsibility and a medical expert (MD) will be able to opine if the diagnosis should have been made and if such impacted the outcome.

EC

 

[critterperson]

critterperson
I prefer not to address the gestational diabetes issue. As you stated in your original post, you slammed a physician for telling you that you had gestational diabetes during this pregnancy and you informed that physician that during your pregnancy you had no confirming tests, etc. In subsequent posts, you state you had undiagnosed gestational diabetes.

Without your medical records to review, including all labwork, it is impossible to determine if you had indicators of gestational diabetes and that is all I would be able to tell you if I reviewed the records. Diagnosis is a physician responsibility and a medical expert (MD) will be able to opine if the diagnosis should have been made and if such impacted the outcome.

EC

The neonatologist determined that I had gestational diabetes due to the fact that my son crashed after birth (very low blood sugar) I took his word because he should know, he sees infants of mothers that don't get any care during pregnancy and he has to treat their symptoms if mom was a gestational diabetic. My first test said I was positive for Gestational diabetes (1 hour test was 204 technically at 23 weeks, 27 according to ultrasound) second test was negative and done 4 weeks early due to the pregnancy being dated incorrectly and therefore was inaccurate-

anyway thanks for your imput

 

[ellencee]

critterperson
I am not finding a standard of care for administering IV antibiotics two hours before a C-section. I am only finding "immediately" upon active labor and/or delivery.

Also, medical practice evaluation is not determined by what another doctor would have done but on standards set by the AMA, professional organizations of OB/GYN physicians, JCAHO, hospital policy and procedure, MD practice policy and procedure, and on the opinion of a medical expert of the same qualifications and practice.

EC

 

[rmet4nzkx]

Please consult a med/mal attorney in your area. You have some reason to do this based on the comments and reactions of some of the medical personel who attended the birth of your child and what you have told us here, but it will still have to be reviewed before before an attorney can advise you further. Update us after you have done this.

 

[critterperson]

Please consult a med/mal attorney in your area. You have some reason to do this based on the comments and reactions of some of the medical personel who attended the birth of your child and what you have told us here, but it will still have to be reviewed before before an attorney can advise you further. Update us after you have done this.

rmet4nzkx-

I contacted several attorneys offices(4)... told the senerio and was told I would get a call back from them... told they were out of the office that type of stuff--- no more than 10 minutes after the last call 3 of these attorneys started calling wanting to make an appointment ASAP.......2 of them said they would even drive to my home to see me? These lawyers are 2 hours away on mapquest...... but they said not a problem??? I think I may have something here....I'll keep you posted. Do you know how to pick a good attorney for something like this......I guess I'm a little overwhelmed with the response from them.....I told them that I would call them back and they were insistent on time constraints and the importance of acting immediately and I should make my decision very soon. HELP! My son is only 4 months old so I don't think the statute of limitations is close to being up???

 

[rmet4nzkx]

It takes a while to be ready to file the case and that is why you want to start as soon as possible, but it appears you have a good case and that is why attorneys are eager for your case. I suggest you make appointments with several and see who you feel most comfortable with and how they approach your case, then make a decision. You might also look up their names on the internet and see if they have any cases that come up or informaiton about them. You are looking for someone who handles med/mal, personal injury types of cases, not a family practice or general practice attorney. You will hopefully find someone to take the case on contingency. Good luck, also contact that link for the free and confidential test.

 

[rmet4nzkx]

I see you commented on another thread, do you have an update on your progress?

 

[vrzirn]

You should choose an attorney with a lot of experience and from a large, well-funded firm. These caes are very long, terribly expensive and provide years of grief.The end result may well be good job, bad result. At this point I do not see great damage awards. Your posts are subjective and a NICU nurse is not the authority for the community standard of care.
It is costly just to acquire and review the medical record. Be assured the defendant will have many expert witnesses with another point of view. Do not be surprised if they try to lay blame on your doorstep. Good luck