I was at a training on Law and Ethics for my job and the presenter was a malpractice attorney. As she was speaking, my mind was reeling, Why didn't they bring me in the first time I called and told the nurse I thought I was leaking Urine? Oh, its cause your having triplets she said...again and again that was the response. Then with baby Joseph, so early at 14 or 15 weeks I told my new perinatologist I think I'm leaking (but I was so anxious) she checked my fluid and said I was fine three weeks later he was about to be born. So, I went up to the attorney at the break and briefly told her my story. She told me I had a good case for "Pain and Suffering" She said there was a cap for the award of $250,000. Of course for me I told her I didn't care about the money I just want them to check people with a simple paper test that shows any amniotic fluid if leaking. The more I think about it..If I would have been checked with the triplets I may never have had my water break so early at 23 weeks, maybe it would have been at 26 weeks and then I would have lasted another 3 weeks like I did with my triplets. I just get so mad!!!!! She also told me that it would be a up to the attorney if he/she would take the case and it may cost initially to review medical records. I spoke to my husband and he is not sure he wants to go through it. I too am on the fence. Any advise.

Raquel
Mom to triplet angels: Sophia, Steven Jr. & Xavier b/d 25w4d (11/26/06, & Sweet baby Joseph (11/14/07-11/14/07)
Eliana Grace-God has answered
Born 4/03/09

Raquel,

As an attorney who has represented families in wrongful death cases, I would never wish on a family member or friend to be a plaintiff in a personal lawsuit because it is very emotionally difficult. However, I do believe that sometimes it is a very necessary choice and that you need to be prepared to go the distance together as a family if that is what you decide.

If you are not sure, you could certainly have a consultation with an attorney and then decide - the consultation should not cost you anything. You should do this as quickly as possible because there are statutes of limitations that will apply (not knowing the dates involved or your jurisdiction I can't comment specifically) and time could run out if you wait. You should also understand that it will be up to the attorney to decide whether they are willing to take your case, so be prepared for that if you do seek advice.

Depending on the legal standard that applies to the facts of your case, it is also possible that after researching your case the attorney may determine that the facts do not support a malpractice lawsuit, so you should be prepared for that as well.

Whatever your decision - and I don't mean that lightly because I can imagine it is incredibly difficult - I hope that you will accept and be at peace with it. Best wishes to you and your family.

ETA: By no cost for consultation, I mean just an initial consultation meeting - the attorney you met is correct that some attorneys do charge for further review of medical records.



http://lilypie.com>

Raquel,

I have thought about this too right after Jaxon died and I decided against it. I "know" that the second hospital caused the death of my son. I "know" that nurses didnt scrub up after lunch as they would walk in with their dirty wallets in hand. I constantly heard one of his primary nurses talk about all the yard work she did yesterday and then I watched my son die from complications of aeuro basidium - the mold in rotting wood/soil. However, although I "know" all of these things and more the hospital's lawyers would kick my ass emotionally...big time. That is their job. With you still ttc and going through a lawsuit...it isn't a good combination...too stressful and emotional.

On your future pregnancies I would insist on a cerclage, change doctors and insist on more checkups. With your history of tragic loss any decent doctor will do that for you...

Best of luck my friend.

Love,
Rachel

Rachel - mother of four...forever
^Jaxon^ (3/2/07-5/29/07)
^Courtney^ (3/2/07-3/8/07)
^Colin^ (3/2/07-3/8/07)
23 weeks 6 days
www.tripletbutterflywings.blogspot.com
www.themcconathys.blogspot.com
Kenzington Rae 12/26/08
Born at 36 weeks after 5 months of

Thank you both so much for the comments. I am trying so hard to prepare for trying again which can be as soon as next week. Also, I have been putting off taking my lincensure exam As a Family Therapist, its to the point where I will have to start from scratch if I don't do it. Taking on a law suit may just push me over the edge. I just want valadation (I think) from Kaiser. Two perinatologist took the easy way out. It just seems wrong for them to be able to dismiss me like that without even doing the fern test, which could have prevented my water from completely breaking. I'm still very confused as to what would bring me peace. Thank you so much. God bless

Raquel
Mom to triplet angels: Sophia, Steven Jr. & Xavier b/d 25w4d (11/26/06, & Sweet baby Joseph (11/14/07-11/14/07)
Eliana Grace-God has answered
Born 4/03/09

Raquel:

If I'm remembering correctly, you are here in California. If so, the statute of limitations is one year from the date you knew, or should have known, that you had a cause of action.

Personally, Kaiser is one of my favorite people to sue. That said, I will echo what Michelle said: A wrongful death suit keeps all of the wounds open. It is very hurtful. And, you have to prove up the causation. The fact is that it will be very difficult to prove that had they caught the fact that amniotic fluid was leaking, they could have prevented the very early delivery and that the results would have been different.

I filed suit on my loss of Carina. It has been an ongoing battle and very nasty. The comments that have been made to me and during depositions; as well as "about me" in court hearings, have been very hurtful and nasty. I'm simply unwilling to walk away from it.

My facts are different from your's. I agree with Raquel regarding her case -- and, her case seems somewhat stronger than your case does. In my case, Carina was at 31 weeks and it is a bit stronger, still. And, in the final analysis I am probably tilting at windmills with my lawsuit.

I agree with everyone else: I would encourage you to put your focus on moving forward with your efforts to become pregnant, and I would go ahead and obtain my license as a Family Therapist. In addition to that, I'd focus on warm bubble baths; peaceful music; and, spending time with the people who understand your grief.

Good luck and God bless you.

Cat


Cat w/3 Kittens
Caidan, Carina and Caeleigh
Born at 31 weeks, 1/8/04.
It is better to have loved and lost, than never to have loved at all. In memory of Carina, who was greatly loved.

http://b3.lilypie.com/bDA

i haven't been on this forum for a couple weeks and it's funny to see this post because we've been thinking of suing, too. My Spencer got sick and the decision was made to mediflight him to Stanford for surgery in the morning around 10 am. It's a 2 1/2 hour drive, and they decided he was critical enough to warrant the helicopter. I sat in the NICU all day long watching my baby get sicker, literally dying in front of me, waiting for that damn helicopter until 4pm! My neonatologist was having a fit calling every 15 minutes wondering where it was. And then when it did arrive, they came without oxygen tanks. How is that even possible?!? They knew he was on a ventilator! So it took nearly an hour to get him ready to go. It was almost 6pm when he arrived at Stanford and it was too late for surgery and he died shortly thereafter.
No amount of money will change what happened, but I'm so angry that they took so long. I doubt that Spencer would have survived because he got so sick so fast, but I can't be sure that if he'd gotten there earlier and been able to have surgery he wouldn't have been okay. It's hard to even let myself go there...
We spoke with a family friend who is an attorney and knew us and what happened. He said that here in California it's almost impossible to win malpractice cases and that we'd have to hire specialized lawyers in the Bay Area to take on Stanford. We decided against it because of the emotional toll it would take for a very slim chance of winning. And it isnt' about the money. I wish you luck in making your decision. I know I felt better after hearing the lawyer tell us it wasn't advisable. Now I can stop wondering.

I totally understand you... you want to make drīs, nurses, etc stop and think about their consequences and how their actions (or mistakes) affect others for life FOREVER.

I want to start saying that I live in a Country where triplets are not that common, so we dont have the infrastructure for a triplet pregnancy (no contraction monitors, no mag sulfate, no NICU level III, very few perinatologists). I bought all of my books when I found out I was pregnant (including Dr. Lukeīs Book) and read about preventive cerclage, and all the PTL signs you had to look out for. From the start my dr. was so excited about having a triplet pregnancy (I guess it would be a trophy for him), I asked him if there was a perinatologist in my Country and he said yes, but they were not high risk pregnancy specialists, but specialized in the peritoneal area (?????). Ok! I asked for a cerclage, he said it was not necessary until it was necessary (????, ok when it was necessary, it was too late), I asked him if I should stop working after I started contracting regularly, he said that I would be more stressed if I stopped working (????), when I contracted regulargly I would go to his office and he would touch my belly and say, no you are not contracting (when they flew me into St. Petersburg FL I was having 12 contractions per hour), when I asked that he checked my cervix length he would say that it was better not to stimulate the area, and when he did I was already funneling!

To make long story short, I was flown at 25wks to St. Petersburg FL and my PTL was so advanced, they could not do anything to stop it. My babies were born at 26 wks and it was soo complicated... My DD had multiple gut perforations due to the medicine they gave me to prevent PTL, all of my children had severe blain bleeds due to their prematurity....

I have so many WHAT IFS!!!!

Having said all of that, nothing I do now will bring back my babies, it will just open the wound and hurt me badly. Now, I just changed drsī, I know better and will push for what I believe, thats what I can do to prevent any more losses in the future.

I hope you can come to a decision that will help you heal...
lots of luck!

Monique
Mom to 26.5wk triplets, born 09/14/06
^Nicole^
^Daniel^
Nathalie