My beautiful baby boy was born in September via a c-section. During the procedure he received a spiral fracture to his left humerus and a haematoma (bruising mass) to his scrotum. I am angry that this has happened and have been informed that there is no avenue to sue the doctors repsonsible as I can't prove pain and suffering because he was a newborn baby at the time these injuries occured. I am not a money grubber and do not want to sue for monetary benefit. I just want the doctor to be held accountable. It is extemely rare for a baby to sustain a fracture during and c section and it is rare for a baby to receive a bruised scrotum so I imagine it must be exceptionally rare for a baby to receive both!!! My friend is a vet and has said that they pull calves out with tractors and they don't break limbs, so how rough did the doctor have to be for this to happen??? This happened in Australia and is more of a rant than a question but feed back from anywhere is very welcome.
2006-12-27 08:55:53 · 4 answers · asked by Anonymous in Pregnancy & Parenting ➔ Newborn & Baby
Anyone who has watched a baby - newborn - get a shot, like Vitamin K at delivery, can tell you that newborn babies DO feel pain. And, with your son's fracture, I'm sure that you noticed that he cried more when someone touched or moved that arm.
Your OB should be held accountable. I live in the US, and am a mother-baby nurse in a large hospital (5000-7000 births/year), and here, suits are successfully brought for less injury.
At the very least, I would request a copy of your hospital record, have it reviewed by an attorney and report the doctor to whatever the national review board is for physicians in Australia.
I hope your little guy is healed, healthy and happy - and good luck!
2006-12-27 15:27:25 · answer #1 · answered by kids and cats 5 · 0⤊ 0⤋
You should talk to a lawyer because I think that you can sue, not for the damages to your son, but for the medical bills that you have to pay in addition, such as the x-ray bills and such and for the psychological damage that it inflicted on you as a parent. There are a couple of avenues that you can go down that whomever you talked to isn't thinking about.
If you want the doctor to be held accountable you can report them to the medical board, he might have his license taken away and won't be able to practice until their inquiry into the matter is complete.
Also, I'm sure that you know that some babies that have to be delivered by c-section are more prone to injury, it's very common for them to have limited hip movement and frailer bones. I don't think that it excuses the doctor... I had a c-section and none of that happened, I think that the doctor should have been extremely careful because of the risk involved. I'm just glad that you're baby is okay and nothing worse happened.
2006-12-27 09:17:39 · answer #2 · answered by Mel 4 · 1⤊ 0⤋
You need to speak to a lawyer. If there was a birth injury then you should be able to sue. Seek advice from someone who knows something about the law.
2006-12-27 09:00:25 · answer #3 · answered by momma2mingbu 7 · 2⤊ 0⤋
Ask several attorneys. There will be one to fight for you and believe in this case. You owe it to your son.
2006-12-27 09:04:01 · answer #4 · answered by kiki 4 · 1⤊ 0⤋