Told our daughter may have down syndrome

[BabyGirl0408]

My dear wife recently had a baby after experiencing a normal and easy pregnancy. Upon meeting our girl the first time together as a family (the day after) were told by our family Dr. that the Pediatrician and others in the NICU unit all agreed our baby 'showed' signs of having Down Syndrome, and they would like to test the Trisomy 21 test through blood work. Now the first genetic test we had the Dr said could be a false negative, so this came as a bit of a major shock!
Our baby was further tested. Since being told about the suspicion of DS and the tests needed, we have all been sick with anxiety, stress, and depression.

The baby and I share most similarities and I am Caucasian (Norwegian/Italian ancestry). My wife is Mongolian/Chinese – and we have a mixed baby, who is beautiful! We believe the initial assessment came the evening she was born, as mother had received every drug available due to experiencing a tough birth! Baby obviously taking her time to be born, needed Oxygen and must have had some of the drugs which were given Mom enter her system, as she was relaxed, lifeless the Dr/Ped. may say. Her conehead has since gone away after her travel through the birth canal in a ‘natural birth’ with the help of forceps. Regardless, today (one week later) she is hungry, feisty, strong, beautiful, and shows every sign of being a normal mixed blood baby.

My question, due to the shocking news, my wife and I both, including her visiting mother all cried and have been nervous, anxious, and depressed obviously upon hearing this dreadful news and having to wait for the results. I am angry at the Pediatrician and whoever agreed with her assessment. The blood results show negative. We are happy our girl is a normal baby, but for that first meeting with her (mine being the evening of delivery and walking her to the NICU dept. shocked over my wife’s condition in the delivery rom and the Ped. Dr. insisting on a Spinal Tap (Lumbar Puncture) on our baby, and the first few days with her, we were all a nervous wreck! I had to get my mother-in-law sleeping pills. I had to console my sobbing wife to sleep. It has been Hell!

Do we have a medical malpractice suit based on mental anguish? Shouldn’t an experienced doctor maybe instead, watch the infant over 48 hours, as they insisted on due to other reasons (wife’s fever). Wait and see her within a short while to see if there’s a change in appearance, question the parents about the similarities they see as ‘signs’ (everything mentioned I have!). She’s mixed, Downs was once called “mongoloidism.” My wife is even saying these doctors were racist and discriminatory towards our baby/her. It has been a week and our girl looks so much different than her first night in their care.

The Pediatrician has been practicing for less than one year at the hospital, we will cease to follow up with our family doctor who gave us the news, and agree she was rather not compassionate or sensitive at all, and could have opted to mention another time in a office. The Staff seemed to change their behaviour around us ad everyone knew, as they talk obviously. About the way our Dr. brought the news up without ever seeing our girl? Without being more respectful to our feelings, in the privacy of someplace else maybe?

We refused the blood test, but I was persuaded verbally to agree to it. I signed nothing!

The same went for a Spinal Tap they performed on her the evening of her birth, of which they could not get a test specimen after 2 punctures in my babies back! I even heard I could have been arrested if I did not comply and give my consent. Why the Spinal tap, well due to my wife having a fever towards the end of labouring, and we refused, and again, I was told it is in baby’s best interest.

We even lectured the staff how the fever may have been due to my wife’s epidural injection, of which they knew nothing about and it being the first time they ever heard of such. According to Elizabeth Greenwell, a doctoral candidate at Harvard School of Public Health, is where we based our findings. Regardless, we still to this day do not know why she had a fever, even though they tested my wife’s blood multiple times.

Do we have a case? Baby is normal, just fresh and new to this world, she 'showed too many' of daddies traits which to them 'looked off.' Big toe seperated form rest, low hung ears on her little head, hand prints or lack thereof.

Talk to us!

Regards,

Concerned and upset family

 

[Ladyback1]

Do we have a medical malpractice suit based on mental anguish? Shouldn’t an experienced doctor maybe instead, watch the infant over 48 hours, as they insisted on due to other reasons (wife’s fever). Wait and see her within a short while to see if there’s a change in appearance, question the parents about the similarities they see as ‘signs’ (everything mentioned I have!). She’s mixed, Downs was once called “mongoloidism.” My wife is even saying these doctors were racist and discriminatory towards our baby/her. It has been a week and our girl looks so much different than her first night in their care.

The Pediatrician has been practicing for less than one year at the hospital, we will cease to follow up with our family doctor who gave us the news, and agree she was rather not compassionate or sensitive at all, and could have opted to mention another time in a office. The Staff seemed to change their behaviour around us ad everyone knew, as they talk obviously. About the way our Dr. brought the news up without ever seeing our girl? Without being more respectful to our feelings, in the privacy of someplace else maybe?

We refused the blood test, but I was persuaded verbally to agree to it. I signed nothing!

The same went for a Spinal Tap they performed on her the evening of her birth, of which they could not get a test specimen after 2 punctures in my babies back! I even heard I could have been arrested if I did not comply and give my consent. Why the Spinal tap, well due to my wife having a fever towards the end of labouring, and we refused, and again, I was told it is in baby’s best interest.

We even lectured the staff how the fever may have been due to my wife’s epidural injection, of which they knew nothing about and it being the first time they ever heard of such. According to Elizabeth Greenwell, a doctoral candidate at Harvard School of Public Health, is where we based our findings. Regardless, we still to this day do not know why she had a fever, even though they tested my wife’s blood multiple times.

Do we have a case? Baby is normal, just fresh and new to this world, she 'showed too many' of daddies traits which to them 'looked off.' Big toe seperated form rest, low hung ears on her little head, hand prints or lack thereof.

Talk to us!

Regards,

Concerned and upset family

simple answer: No, you don't have a mental anguish malpractice case. And you most likely wouldn't have a medical malpractice case, either.

Enjoy your child.
(and I'm actually offended by how you have portrayed the diagnosis of Down Syndrome. It is not a death sentence for goodness sake!)

 

[Silverplum]

We only do US law here.

 

[BabyGirl0408]

simple answer: No, you don't have a mental anguish malpractice case. And you most likely wouldn't have a medical malpractice case, either.

Enjoy your child.
(and I'm actually offended by how you have portrayed the diagnosis of Down Syndrome. It is not a death sentence for goodness sake!)

Okay, and I appreciate your feedback. I am not here to make DS sound anything like what you interpreted my writing as. I am not here to gain moneys either. What I am here for is to hear legal opinion on the fact that the Pediatrician and her team did the initial assessment. However, the comments regarding it came from the doctor who has seen us throughout my wifes pregnancy and never saw our child prior to uttering her remarks.

What I am pissed off about is the timing, the nature and 'matter of fact' statement. I understand there may be a grieving process, but its the thought, not the fact. I am angry that they insisted on a lumber puncture after i said No, but they convinced me otherwise, and still retrieved nothing to test after two stabs in the back.

Give the girl a break, let her be under monitoring for 48 hours, then maybe with someone who is a professional in psychology/counselor by their side inform the patient about their concerns in private, with support. Time is not a major factor in this.

My wife had been through hell and needed to be with her daughter before any further concerns mentioned. Baby blues is one thing, but add the preliminary diagnosis based on her physical look alone, and Mom, Dad, and mother in law all became sick! Depressed, sad, and suffered.

We obviously care about our daughter, she means the world to us! We love her and will support her the rest of our lives.

No offense meant.

So any doctor can insist on spinal taps, further blood work against patient wishes. Still get negative results and nothing happens?

Is it not fair to say that the doctor was hasty, perhaps wrong with the place and timing of delivering their message of concern? Perhaps even misjudging the physical attributes, not asking if any of the parents have the same things, which we do by the way.

Wife is Asian, Dad is caucasian, baby got the best of both worlds.

Regards

 

[Zigner]

Okay, and I appreciate your feedback. I am not here to make DS sound anything like what you interpreted my writing as. I am not here to gain moneys either. What I am here for is to hear legal opinion on the fact that the Pediatrician and her team did the initial assessment. However, the comments regarding it came from the doctor who has seen us throughout my wifes pregnancy and never saw our child prior to uttering her remarks.

...were told by our family Dr. that the Pediatrician and others in the NICU unit all agreed our baby 'showed' signs of having Down Syndrome

It seems that their concerns may have been valid, but upon further testing they were found to be incorrect.

Go forth and enjoy your healthy baby - really.

 

[Proserpina]

Let's not convict the hospital just yet. Many Asians and Downs patients share one or too characteristics rarely found outside of the two subgroups and because your baby is of mixed Asian descent, the hospital would have - not unreasonably in my opinion - wanted to make sure as early as possible.

The more you read up about it, the more you'll understand.

 

[LdiJ]

Let's not convict the hospital just yet. Many Asians and Downs patients share one or too characteristics rarely found outside of the two subgroups and because your baby is of mixed Asian descent, the hospital would have - not unreasonably in my opinion - wanted to make sure as early as possible.

The more you read up about it, the more you'll understand.

I think that maybe they were a bit insensitive about wanting to find out so quickly.

 

[Silverplum]

We STILL don't know the name of the OP's US State.

(Not that it matters much at this point.)

 

[Zigner]

I think that maybe they were a bit insensitive about wanting to find out so quickly.

Seriously?

 

[Proserpina]

I think that maybe they were a bit insensitive about wanting to find out so quickly.

Whaaaa?



Gawd, heaven knows in this country they'd stand a greater chance of being sued for the delay in diagnosis.

 

[Proserpina]

Okay, and I appreciate your feedback. I am not here to make DS sound anything like what you interpreted my writing as. I am not here to gain moneys either. What I am here for is to hear legal opinion on the fact that the Pediatrician and her team did the initial assessment. However, the comments regarding it came from the doctor who has seen us throughout my wifes pregnancy and never saw our child prior to uttering her remarks.

What I am pissed off about is the timing, the nature and 'matter of fact' statement. I understand there may be a grieving process, but its the thought, not the fact. I am angry that they insisted on a lumber puncture after i said No, but they convinced me otherwise, and still retrieved nothing to test after two stabs in the back.

Why was the lumbar puncture performed? How old is your wife? Did she receive any pre-natal care?

Give the girl a break, let her be under monitoring for 48 hours, then maybe with someone who is a professional in psychology/counselor by their side inform the patient about their concerns in private, with support. Time is not a major factor in this.

My wife had been through hell and needed to be with her daughter before any further concerns mentioned. Baby blues is one thing, but add the preliminary diagnosis based on her physical look alone, and Mom, Dad, and mother in law all became sick! Depressed, sad, and suffered.

Mmmhmm.

We obviously care about our daughter, she means the world to us! We love her and will support her the rest of our lives.

No offense meant.

So any doctor can insist on spinal taps, further blood work against patient wishes. Still get negative results and nothing happens?

Is it not fair to say that the doctor was hasty, perhaps wrong with the place and timing of delivering their message of concern? Perhaps even misjudging the physical attributes, not asking if any of the parents have the same things, which we do by the way.

Wife is Asian, Dad is caucasian, baby got the best of both worlds.

Regards

Answer the questions.

 

[HorseUrodeInOn]

BabyGirl, as far as waiting to tell you is concerned, that's completely unrealistic. I believe that (most) healthcare professionals are compassionate and sensitive, but "waiting 48 hours" to inform you of concerns about your daughter's health would be neither and it would be extremely inappropriate. She is your child and you have the right to be fully informed from the moment she is born. The moment she is conceived, for that matter. Nobody wants to tell brand new parents that their child may have Downs Syndrome but withholding that information is certainly morally wrong, if not legally. Imagine you had reason to suspect something was wrong but when you asked the doctor he said "I'll tell you in a couple of days". If it were me I'd tear that place apart.

I think the only possible complaint you have is the tests. If you would have been more comfortable waiting for a couple of days I think they were wrong to "force" you to consent--if that's actually what happened. The exception to that is if there is some medical reason for performing the tests as soon as possible.

Forget pain, suffering, and mental anguish. I don't believe you would have been any less stressed if you had found out later or if the tests had been performed a few days later.

The accusation of racism is absurd. If the mixed genes of her parents caused your newborn to have physical characteristics similar to Downs Syndrome, that's just the way it is. You might as well sue nature. The doctor didn't suspect Downs Syndrome because your wife is Asian. He suspected Downs Syndrome because it look like Downs Syndrome.

Speaking of your "mental anguish". While you were going through this how much did you hope that the tests would be negative? If you prayed, how many hours of your day were spent praying that your daughter didn't have Downs Syndrome? Well, your hopes and prayers were answered. You have a perfectly healthy daughter. You have every reason to be joyful, not bitter. Be thankful, and enjoy your beloved daughter.

 

[I'mTheFather]

Babies born with Down Syndrome very often have serious complications. The presence of fever, with the possibility of DS, was the reason the doctors took those actions to determine the source of the infection.

If your newborn had DS and an infection, waiting 48 hours could have resulted in a dire outcome. None of the doctors did anything wrong, nor were they insensitive.

 

[Ladyback1]

I think that maybe they were a bit insensitive about wanting to find out so quickly.

Really???

When my husband was dx'd w/ head & neck cancer (throat), I was elated that the Drs. wanted to move quickly.

And as far as when and how a doctor should break, possibly life altering--at best, diagnoses there really is no "right" or "wrong".

The husband's doctor walked in (with myself and out two teenage boys), asked how Hubs was feeling--waited to hear the answer and then said: "you know that abscess tooth you thought you had? It's cancer." Want to talk difficult? Want to talk Earth-shattering? Want to talk stress, mental anguish and agony, praying, etc.

Really and truly, the OP (and his wife) should move on and love their child as much as they possibly can.

 

[ecmst12]

A fever in an infant younger than 3 months old is an automatic lumbar puncture due to the risks of a fever in a baby that young. It would have been completely negligent to just "watch and wait" for 48 hours as the baby could have died in that time without treatment. And if down's syndrome WAS present, that frequently presents with heart problems, which would have made a fever even more dangerous. How you treat an infant just can't be compared to how an older child or adult would be treated, illness can progress very quickly and overwhelm the tiny body in a heartbeat, extreme caution is appropriate.

Your wife's fever was most likely due to the prolonged labor/infection. Did she have proper prenatal care? Was she tested for group B strep prior to going into labor? Did she have any prenatal screening such as ultrasound or blood work to assess her risk for birth defects and genetic defects? I suspect she did not as that would have prepared you for the possibility, or it would have informed you that your risk was low and might have made the doctor less likely to jump to worrying after the birth.