United Brachial Plexus Network, Inc. • Legal Action??
Page 1 of 3

Legal Action??

Posted: Tue Jun 26, 2007 10:21 pm
by adamsmom
Hi...just wondering if anyone has had the experience of taking legal action against the medical profession responsible for your child's injury??

Re: Legal Action??

Posted: Tue Jun 26, 2007 10:35 pm
by felicia
We have a case pending. We originally met with the attorneys in March of 2006. We have not even gone to deposition yet. From what I've been told, it can be a very long process (sometimes up to 5 years). I figure we're not going anywhere and I'd rather see what my daughter's longterm outcome will be (she's 22 months now), so I don't mind waiting. A good lawyer will be able to tell you whether or not you have a case.

Re: Legal Action??

Posted: Tue Jun 26, 2007 10:52 pm
by mommieinneed
Ive let a few lawyers look at Maggies file and finally the last lawyer said the reason we are having such a hard time getting a lawyer is because doctors didn't put how Maggie was born in her file. What doctors can get away with kills me, my daughter shouldn't have to live with something a doctor did without compensation but now we cant get that because doctors lie.

Im sorry it just makes me so mad. Hope you have better luck with your case.

Re: Legal Action??

Posted: Wed Jun 27, 2007 2:37 pm
by Ben's Dad
Where do I start...we sued the doctor in 2002, went to trial in 2005 and lost the trial, appealed the verdict, the appellate court reversed the trial court (about 3 weeks ago) and granted us a new trial, so...back to the courtroom we go. My personal opinion is that the doctors and others in the medical profession rarely take responsibility for their actions, they seem more likely to deny any wrongdoing and take their chances in court. If you are considering legal action, remember, you have a limited time to start the case. If you miss that window, you could lose any chance at recovery for your son.

Re: Legal Action??

Posted: Wed Jun 27, 2007 7:24 pm
by ldeverna
We have a case pending. According to my lawyer and the medical expert who reviewed our file, we have a pretty strong case. Like the others have said, though it could be years before we actually go to trial. I'm hoping it doesn't even get that far.

~Lisa
Mom to Harper, LOBPI, 8 months old

Re: Legal Action??

Posted: Thu Jun 28, 2007 9:17 am
by Ben's Dad
Lisa and Felicia,
Please pass along a copy of the decision in our appellate case to your attorneys. It is a New York case and might help you in some way.

Re: Legal Action??

Posted: Thu Jun 28, 2007 9:53 am
by ldeverna
I already have :) Thank you for posting it here.

~Lisa

Re: Legal Action??

Posted: Thu Jun 28, 2007 10:37 am
by Ben's Dad
That's great! I'm glad that this community exists so that we can share important information and help each other. Best of luck with your case.

Re: Legal Action??

Posted: Thu Jun 28, 2007 11:51 am
by mommy
I did too Ben's dad. Thanks for info.

Our case starts in mid july.

Re: Legal Action??

Posted: Thu Jun 28, 2007 12:15 pm
by Ben's Dad
mommy, are you a NYer too? Good luck!!! I hope that we all have a good outcome for our kids.