I lost my baby at birth and I wanted to bring the doctors that performed the birth to court cause it was all doctors mistake but at that time I was living the death of my baby and wasn't ready to go to court to fight them. What shoul I do??
2006-09-08 04:32:37 · 14 answers · asked by sophie p 1 in Pregnancy & Parenting ➔ Newborn & Baby
I am sorry for what happened to your child.
In order to fight the doctors the most important thing you need is proof. They wouldn't let us film my daughter's birth (it is actually a law that you can't) because if they messed up, they didn't want us to have proof. Secondly, get a malpractice lawyer who will be able to tell you if you have a case.
I hope it works out for you, and again I am truly sorry to hear of your tragedy.
2006-09-09 09:09:30 · answer #1 · answered by Queen D 3 · 0⤊ 0⤋
I'm so sorry you had to go through this. One thing I want to point out to you is: if you take this to court, you will be re-living this all 24 hours a day, for many years to come. I have been through a similar experience of dealing with a court case where my son's father hurt him as a baby...3 times. It drags the hurt out and takes up every moment of your thoughts for years and years and years. And what happens when it all comes to nothing?
But having said that, if you search inside yourself and find that it really was the doctor's fault, and not just wanting to blame someone or something, and if you can afford to pay for a lawyer or get legal aid, and you think the outcome will be positive, then go ahead, but know that you will have to have enormous strength, and also know that hospitals have special departments of lawyers dedicated to these lawsuits which reduces the chances of success. If you think you're strong enough, then by all means, go ahead, but don't torture yourself more as a result.
I know it sounds stupid, but having another baby does help to some degree. You will always hurt for your baby, but if you can find something or someone to keep you busy, then that will help too. That is the key: to keep as busy as you can. Get productive, maybe helping others to take the focus off your own thoughts.
Maybe you could make a scrapbook or poster as a memorial to your child. Something to make you feel a bit more positive about your baby's short life.
Good Luck, and be kind to yourself.
2006-09-08 05:19:52 · answer #2 · answered by NurseKaia 2 · 0⤊ 0⤋
I am soooo SORRY for your loss.I have gone through the same thing about 3 years ago now .I think you need to do what is best for you do not rush getting through this. In my OPINION I would contact a lawyer you can file malpractice within three years of the incident so if you need more time to grieve the loss of you child I would take it . You will never get over the loss you will just learn how to live with it . Once again I send my regards and you are in my thought and now my prayers.
2006-09-08 04:49:58 · answer #3 · answered by thunder_rainclouds 3 · 0⤊ 0⤋
Legal action wont make you feel any better. The laws are set up now to protect the physician so monitarily, you won't get anything more than the legal limit and to say that you were able to see them get justice, how do you achieve that when they are protected from suffering in the only actualy way it hurts them? In their pocket?
It is unfortunate what happened to you... It is impossible to filter and make yourself feel better is probably not going to happen any time soon. Time truely does heal all wounds. It is the only thing that does.
Your body and you mind need to adjust and in order of them to be able to, you simply have got to comfort yourself in the same way you would a friend who was going through the same thing.
What would you do to make them feel better?
I lost a baby in my 6th month of pregnancy and since it was in a catholic hospital, they nun's felt that I HAD to see it, in order to get over it. I had to say good-bye to a 6 month fetus. It twisted my soul into knots for many years. I did not want to and felt it was kind of forced on me. It made no sense to me and the damage it caused in my life and the hurt in my heart was immesurable.
You can't punish to make yourself feel better. It is your heart grasping at anything to survive the pain it is in. It won't bring the baby back. It won't do anything but cause you a frustrating distraction that may not turn out the way you want it to.
I would hand write a letter, addressed directly to the Physician(s) letting them know from you to them. How this has made you feel, how it has effected you, how devistated you are. Then I would read it, take it outside and burn it.
Sometimes... it just needs to get outside of you. If that and time do not help, please get some from someone who can help you to start the healing process. Don't screw your life up like I did to manage the pain. It is a long and horrible road.
I will you peace and pray that the Spirit with the peace that passes all understanding fall upon your heart and hold you in love and understanding encompass you and comfort you in your time of need.
Don't blame God sweetie... I am not a Christian in the classic annoying sense and I don't mean to sound as if I am preaching to you... but.
He had nothing what so ever to do with this. Let Him comfort you and know that your little cherub is on the outskirts of Heavens being tudored by the angelic hosts in preperation to recieve His glory and His peace. The baby is in a better place.
2006-09-08 04:49:27 · answer #4 · answered by Anonymous · 2⤊ 0⤋
I am devastated to hear that you had to go through this as well!!! My deepest sympathy to you! If it was the doctors fault you definitely need to seek legal advise. You don't want this to happen to another baby. Good luck and I wish you the best at whatever decision you come to. Just remember to do what you want to do and not what other people are trying to convince you to do! Take care!!!
2006-09-08 04:38:30 · answer #5 · answered by Jules 2 · 0⤊ 0⤋
I do not have an answer for you but I just wanted to say that I am sorry and I hope that this does not affect you to the point that would stop you trying for another child. I wish you the best.
2006-09-08 08:07:23 · answer #6 · answered by LondonLou 3 · 0⤊ 0⤋
Sorry for your loss. Talk to a lawyer about your baby's death and see what your options are. Go to counseling to help you through this its going to be hard reliving your baby's death.
Good luck
2006-09-08 04:39:09 · answer #7 · answered by fungirl 3 · 0⤊ 0⤋
I'm sorry you had to go through this. It's the worst thing in the world. I agree, consult a malpractice attorney.
2006-09-08 04:42:56 · answer #8 · answered by Ricky 6 · 0⤊ 0⤋
Consult a medical malpractice lawyer and get hold of your medical records from the hospital. Thanks to new HIPAA laws you can view your medical records with no problems and if you do have problems, your attorney should have no problem subpeona-ing your records for you. Sorry for your loss honey and I wish you well.
2006-09-08 04:36:00 · answer #9 · answered by Southern Lady 3 · 0⤊ 0⤋
get a copy of all your medical records and take them to a lawyer that deals with wrongful death cases.
2006-09-08 04:40:08 · answer #10 · answered by Annie Hightower 3 · 0⤊ 0⤋