Vacuum assisted birth

[janedoe23]

What is the name of your state? Illinois

The other vacuum thread reminded me of a similar situation so I figured I would ask.

My sister is thinking of filing a lawsuit against the DR who delievered my nephew. The reason being is because he was delivered with the assistance of a vacuum and now has a disfigured head. I was present during the birth and the vacuum popped off twice (which by the way sounds awful and looked painful) and when they finally delievered him he had a severly deformed head. They all said give it time for the swelling to go down but almost 5 years later he still has the lump on his right side of the head where the vacuum was placed. His pediatrician has been keeping tabs on it and says it's not a problem right now.

Is this something she should pursue or just accept the little extra bonus on her son?

 

[Shay-Pari'e]

Maybe she should feel lucky her child is alive?

 

[ecmst12]

The parents have until the child is 18 (at least) to file a malpractice action if the damage turns out to not be correctable and there is evidence of malpractice. But not all medical accidents which result in damages are malpractice. Though I would imagine that if surgery is needed to repair the bump at some point, the parents shouldn't have to pay for it.

 

[janedoe23]

Maybe she should feel lucky her child is alive?

Well of course she does!! The fact is the situation wasn't an emergency situation, the child wasn't sick and maintained a healthy heart rate throughout the labor. It's not like he was in distress and she should thank her lucky stars he made it through delivery.

 

[rmet4nzkx]

What is the name of your state? Illinois

The other vacuum thread reminded me of a similar situation so I figured I would ask.

My sister is thinking of filing a lawsuit against the DR who delievered my nephew. The reason being is because he was delivered with the assistance of a vacuum and now has a disfigured head. I was present during the birth and the vacuum popped off twice (which by the way sounds awful and looked painful) and when they finally delievered him he had a severly deformed head. They all said give it time for the swelling to go down but almost 5 years later he still has the lump on his right side of the head where the vacuum was placed. His pediatrician has been keeping tabs on it and says it's not a problem right now.

Is this something she should pursue or just accept the little extra bonus on her son?

All babies heads are deforemed as a result of traveling through the birth canal, that is why their skulls are softer and the sutures between the bone plates are not joined in a solid manner. As the child grows, the deformity may diminish and it is being monitored.
Statutes of Limitations

Any action for personal injury or death against a physician or hospital must be filed within two years from the date the claimant knew or reasonably should have known of the injury. 735 Ill. Comp. Stat. Ann. § 5/13-212 (West 1992). In no instance may a claimant bring an action more than four years after the date on which the alleged act or omission occurred. Id. This statute of repose is constitutional. Mega v. Holy Cross Hospital, 111 Ill. 2d 416, 490 N.E.2d 665 (1986).

If the claimant was under the age of eighteen when the cause of action accrued, the limitation period is eight years from the date of the alleged act or omission, except that in no event may such an action be filed after the minor claimant's 22nd birthday. Id. If the claimant is mentally incompetent, the period of limitations does not begin to run until the disability is removed. Id.

Wrongful death actions are governed by a different two-year statute of limitations that begins to run on the date of death. 740 Ill. Comp. Stat. Ann. § 180/2 (West Supp. 2002). However, such an action can only be brought if, on the date of death, the decedent could still have commenced a malpractice action for the injury that caused the death. Wolf v. Bueser, 279 Ill. App. 3d 217, 664 N.E.2d 197, cert. denied, 168 Ill. 2d 629, 671 N.E.2d 745 (1996).

 

[janedoe23]

Rmet,

Is there a rule of thumb where after 2 pop offs a vaccum should be discontinued? I thought I had heard that somewhere.

 

[rmet4nzkx]

Rmet,

Is there a rule of thumb where after 2 pop offs a vaccum should be discontinued? I thought I had heard that somewhere.

Did you read the links I provided? When was the FDA warning? What type of cup? If it was before the warning, it is a different burden of proof. I'm glad I was able to push my 8&9 pounders out in 1-2 pushes. Vacuum is better than forcepts, they leave dents and strawberry marks on the forehead. There are risks with C section as well. There are risks to haveing children and raising them too

 

[janedoe23]

Did you read the links I provided? When was the FDA warning? What type of cup? If it was before the warning, it is a different burden of proof. I'm glad I was able to push my 8&9 pounders out in 1-2 pushes. Vacuum is better than forcepts, they leave dents and strawberry marks on the forehead. There are risks with C section as well. There are risks to haveing children and raising them too

I got you beat rmet!! I pushed an 11 pounder out without any assistance except getting cut all the way to my butthole

 

[Job_Hunting]

LOL! Now THAT is criminal. I'm sure glad the cut jobs are not common anymore!

 

[CALIF-LAWPRO62]

My response:

That's how a salesman demonstrated oue Kirby! He picked an 8 pound bowling ball. No pop-off's either! He threw dirt all over the place (didn't make Mrs. Liable too happy), but he cleaned it all up very nicely. Kirby to the rescue!

Maybe the doctor wasn't using a Kirby. He was probably using a Hoover. I'll bet the kid didn't even get to keep the attachments as toys!

IAAL

 

[CALIF-LAWPRO62]

I got you beat rmet!! I pushed an 11 pounder out without any assistance except getting cut all the way to my butthole

My response:

Do you know the name of that skin between the butt hole and your pussy?

IAAL


p.s. Oh, God. There goes my membership again!

 

[Job_Hunting]

Oh my god IAAL-you better hope Mary isn't reading this.

I believe it's called the "perinium"

Correct me someone if I'm wrong

 

[janedoe23]

My response:

Do you know the name of that skin between the butt hole and your pussy?

IAAL


p.s. Oh, God. There goes my membership again!

I have no idea I just know it doesn't exist anymore!!!

 

[rmet4nzkx]

I got you beat rmet!! I pushed an 11 pounder out without any assistance except getting cut all the way to my butthole

how many pushes? I could have done it is 1 but we stopped to take pictures, they were used for educational purposes, thankfully no face shots.

 

[rmet4nzkx]

LOL! Now THAT is criminal. I'm sure glad the cut jobs are not common anymore!

Oh yeah, it is better to get 4th degree tears anyday