OB Covered his own BUTT!!!!

[denaegirl]

I am sitting here very frustrated. I just got a call from a lawyer I have been working with, and he said that he will not be able to take Malik's Medical Malpractice case because the post birth documentation was "TOO PERFECT" The doctor used terms such as *GENTLE TRACTION* and did not report the third nurse who was pushing on my ribs! The second was pushing on my pubic bone. I am very angry that it had to happen in the first place, and even more angry that he knew well enough to cover his butt, makes me wonder if he has dealt with this before!

So if anyone knows of a Medical Malpractice Lawyer who actually goes to court 1-2 times per year and has been practicing for more than 5 years, and has actually fought BPI cases, PLEASE LET ME KNOW so that I can get in contact with them and find out what they say.
I swear THIS BATTLE WILL NEVER END!

I know that you all know just how I feel, and I can really appreciate that there is such a place to go and speak with others who have the same issues, What did people do before internet??? When they had questions, they just had to rely on the answers given to them by the doctors, specialists and whatnot!
THANK GOD FOR YOU ALL without ya I would be doing this alone!

Denae
Mom to Malik 1yr old LOBPI

[Mare]

Denae
I went nuts and traveled from state looking for a doctor it seemed doctors knew as much about bpi as they did the internet. Your lucky the lawyer refused to take your case you would have lost its sounds like he isn't very good. I'm not sure what state you live in but there is a GREAT lawyer Carol Forte in NJ her law firm advertises in the Out Reach and they have offices in other states and she will help get you a lawyer if her firm can't do it. Her phone # is 973-635-5400 her email is cforte@njatty.com you can goggle her name and get results from other bpi cases she has handled she was named one of the top 10 super lawyers of 2008. Hope this helps, Mare

[Ken. Levine]

Denae,

Every ob/gyn writes down gentle traction in the delivery note of a child that suffered a brachial plexus injury. The ob/gyn's have been trained to write down gentel traction because if they admit there was more force used, it would be admitting that they committed malpractice. There are usually other clues in the mother and child's medical records that the lawyers and medical experts can use to show that the traction was excessive and not gentle. This is why is it so important to find a lawyer with experience in with brachial plexus cases.

I do not know where you live, but if you contact me directly, I can find a lawyer for you in your area that has experience with brachial plexus cases or look at the case myself.

Ken Levine
Tel (617) 566-2700
KLevine@KLevineLaw.com
Www.Klevinelaw.com

[Cole's Mommy]

Danea,
I know exactly how you feel. Our note read "spontaneously delivered" and our lawyer decided not to take our case. I am be looking for a more experienced, confident lawyer. Good luck to you.
Nicole

[Cole's Mommy]

Danae,
I know exactly how you feel. Our note read "spontaneously delivered" and our lawyer decided not to take our case. I am looking for a more experienced, confident lawyer. Good luck to you.
Nicole

[Ken. Levine]

The reference to "spontaneously delivered" should not be accepted. Doctors write that down to suggest that there could not have been a shoulder dystocia, and therefore excessive traction, at delivery because the baby "spontaneously delivered". Once again, it is very important to look past the doctors note. The doctors write the delivery note after the baby is born and they are aware of the brachial plexus injury. The day that a doctor writes down the truth....there was a shoulder dystocia and I pulled too hard causing a brachial plexus injury....I will shout from the rooftops. It has not happened in my expereince and i don't expect it ever will.

The lawyers job it to look past the doctors note for the clues to the truth. The clues can be found in nursing notes, by breaking down all of the times in the medical records to see if things really happened when the ob/gyn says they happened, by searching for inconsistent notes, by many means. Again, because shoulder dystocia cases are complex and presuming the ob/gyn's will never tell the truth in the medical records it is important to have a lawyer that know how to search for the truth and will not be scared away by what the ob/gyn writes in the delivery note.

Ken Levine
617-566-2700
Klevine@Klevinelaw.com
www.Klevinelaw.com

[Kaiden'smom]

Mine too covered his butt. He did mention the shoulder distocia in his report, but that he did McRoberts with mild traction and then spontaneous delivery. Then he had the nerve to write in the report that both arms were moving in the delivery room. Interesting since his left arm was paralyzed until a little after 3 months when he started getting back a little function. I cried when I read the report. Then on the day I mailed all the reports to my lawyer, that OB had the nerve to call and see how the baby is doing. After lying about his injury, and then it took him over 3 months to even bother to see how he's doing. What a jerk, I just hope he doesn't hurt any more innocent babies. My son is 7 months now, and the case hasn't even been filed yet, we still have a long road ahead. Good luck to everyone out there pursuing the legal side of this terrible injury. I hear it takes a very long time, up to 5 or 6 years.

[katep]

Kaiden's mom,

I hope that his lie in the report (that your son's arms were both moving right after delivery) comes back to bite your OB in the butt! After all, such that such a blatant and obvious fabrication SHOULD cast a lot of doubt on everything else he wrote!

It really bothers me that most places are no longer allowing videotapes in the delivery room... it just makes it that much easier to make up a story if something goes wrong!

Kate

[F-Litz]

I think that parents should bring in a hidden camera - concoct something out of a gym bag and put it somewhere at the side pointing in the right direction. Not allowing videotaping is just ridiculous.

[mommieinneed]

We not only was told we couldnt video tape but we had to sign something saying we wouldnt tape.

I guess I should have thought there was something up with that.

I think it should be a law to video tape all births, mainly for legal purposes (at least if there is a tape of what happened then there would be no doubt on if there was any malpractice or not) and then also if the parent wants it as a momento of their birth then they have it too.