On November 4th my twin boys were born premature, the doctor never put my sons on a ventalator or anything,he handed me my babies and basicly told me to watch them die. I want answers,and I want them to explain to me why nothing was done.They are going to pay for all the pain and suffering they've cause me and my family.My first son weighed 1lb 5 oz, the second 1lb exact.Do you think this would be a good case?
2007-11-27 01:05:17 · 9 answers · asked by DiamondXxx 6 in Politics & Government ➔ Law & Ethics
Its not really about the money,I just want an understanding of why nothing was done.
2007-11-27 01:05:56 · update #1
If you just want answers, then ask the doctor.
Sounds like your babies may have been below the viable stage where anything could be done for them - too small, too early, or both. And few hospitals are able to handle such cases.
Were you receiving regular pre-natal care and following the instructions? Even if so, sometimes these things happen.
Many people find comfort in deciding it is God's way. Others find counseling to be a great help in such a sad situation.
2007-11-27 05:21:44 · answer #1 · answered by Barry C 7 · 0⤊ 0⤋
No attorney can tell you if you have a case. Before they do that, they'll have to get the medical records, have them read by an expert, and then decide to take the case if the expert says malpractice was involved. In some states, an attorney is required to have this expert opinion in writing before filing a malpractice case.
So, you should find an attorney where the kids were born who is board certified in medical malpractice or trial law, and represents PLAINTIFFS. They will interview you for free, and if they decide to take the case, they will do so on a contingency fee basis (you pay nothing unless there is a recovery).
But you do pay a pretty high fee. It could be as much as 40% of the recovery. One sticking point: does the contract say that the attorney gets the percentage amount, or percentage plus out of pocket expenses. Out of pocket adds up quickly and can easily be thousands of dollars. After subtracting that from your recovery, then the remaining amount is subject to percentage for attorney fees (or are the fees based on the gross recovery?). In any event, it might look like you are getting less than the attorney. However, remember, when you walked through the door, you couldn't hire an attorney.
Also, some states place limits on what a contingency fee can charge. Be sure you get copies of anything you sign with the attorney.
** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
2007-11-27 09:17:42 · answer #2 · answered by scottclear 6 · 2⤊ 0⤋
This is very sad, and I'm sorry for your loss, this sounds like negligence on the hospital's part. Definately contact a lawyer and sue for as much as you can, The hospital owed you an explanation, you had every right to know the answers to the questions you have. This sounds like a good case as long as you have some proof. I wish you the best and hope you can sue the pants off that hospital. There is a hospital where I live, that is just horrible, they have been sued many times and they have a bad reputation, everyone I talk to hates this hospital. Right now they are trying to gather enough money to build a new one, lets hope things change in the new one, or what's the sense of wasting tax payers dollars for the same thing going in the new!!! GOD BLESS you and your Family!!!
2007-11-27 10:37:40 · answer #3 · answered by 24Special 5 · 0⤊ 0⤋
The person to start with asking questions would be the doctor. If you are seeking answers then you need to go to source - and even then you still may not like what you hear. Based on the information you gave here no one can tell you that you have a lawsuit or not. There are simply too many things not said.
Sometimes bad things happen - and there is nothing anyone can do. Some babies are to premature to save. I have been in your shoes - and I gave birth to an extremely premature child. He was just 22 weeks gestation. He was alive, but there was nothing they could do for him. Yes it's awful, and yes we want answers - but in reality there weren't any to be had.
Seek a support group for parents who have lost children and speak to your doctor - if you feel you need to then speak to an attorney.
2007-11-27 09:56:33 · answer #4 · answered by Susie D 6 · 0⤊ 0⤋
I am very sorry to hear about your loss.
Not what you want to hear, but it sounds like your babies were born to premature for the doctors to do anything to save them and likely have no case.
As you have access to a computer, the internet is a good place to start in searching for understanding why they could not do anything and there is an article below on infant viability and pre-mature births by AAP (American Association of Pediatrics) to start with.
2007-11-27 09:44:22 · answer #5 · answered by bottleblondemama 7 · 0⤊ 0⤋
You must ask for written reasons why the doctor did not intervene. There must be negligence for you to have a case, so far, as all others said, you have no facts, evidence etc. You will have to be strong to start this process, but at least, case or no case, you will have the answers.
2007-11-27 10:13:16 · answer #6 · answered by daria 3 · 0⤊ 0⤋
Scott gave you the only correct answer based on the facts you provided. Had you entered my office with just this story, I would have told you to speak with another attorney. Because you have given no facts on which to base an opinion.
2007-11-27 09:33:46 · answer #7 · answered by hexeliebe 6 · 2⤊ 0⤋
OMG, I am so sorry for your loss, I would contact a lawyer and talk to them.
2007-11-27 09:10:36 · answer #8 · answered by Brenda 4 · 0⤊ 2⤋
Sorry but the answer is No case
2007-11-27 09:14:15 · answer #9 · answered by Jan Luv 7 · 2⤊ 3⤋