Is there any legal hope now?

[GinaR]

I am 28 now and at birth I was nearly 12 pounds and one month overdue. The Dr. told my mother she was just getting fat and no attempt at scheduling a c-section was made. Of course I got stuck, so the doc pulled on my shoulder and voila -- a girl with erbs palsy.

He did the same to another child the same year -- their family sued and won. My parents wouldn't ever sue anyone as my mom was a nurse and that would have been a white cloud over her head.

I go through times when I wish the lawsuit was completed. At 16 I was told we couldn't sue because he had retired and the file was closed. Later I heard I should have had until 21.

I would like to close this chapter of my life with this arm. Is it over? To help me heal further, does anyone know where I can find the answers?

Thanks so much, Gina

[m&mmom]

If you're in PA you should have until you're 20 to file a law suit. I would contact a few attornies in your area and see what kind of information you get.

Cindy

[admin]

I'm a nurse and I was hesitant to sue, but we did - and won! I'm not sure about your local laws - but I would sure check into it. Regardless, you'll have your answer and maybe that will help you to close that chapter. Good luck!

[GinaR]

I'm in NY and actually jumped the gun -- I am ALMOST 28. Sheesh.. I need to slow down.

At any rate, I am not expecting much, but some closure would be nice. Though there will always be "what if?".

Thanks!
Gina

[Dean-na]

Gina, I wish I could help with this, but my doctor past away long ago. When I was born in 1971, I wish my parents had sued the doctor...

~Deanna

[GinaR]

Deanna, If you're like me you feel a little greedy when you think what the reward would be should you win. I don't want that.

But when you think about what it's like to NOT sue.. I feel justified in doing so. It's for the peace of mind, an end to a nasty little chapter.

I'm the one who has to live with the Dr's mistakes. His wasn't an oops. I am ok with an oops.

Mostly I think it just would make me feel a little better about what I have been through. I always resented my parents for never fighting harder for me.

Of course I have more peace with that now.. but I had a pretty crappy childhood emotionally, and a lot had to do with my being different in a small town where different wasn't acceptable.

Water under the bridge - I think this forum's going to dredge up a lot of nasty emotions (I'll try and keep my blathering to myself and I think it will facilitate more healing.

I am looking at Dr. Nath's site and just balling like a baby. How many years ago could I have had surgery? I didn't know and none of us ever really looked for help either.

I am a wreck! I've suddenly found out so many things today -- so much for work!

Gina

[Dean-na]

Gina,

This is a great place to vent also.

~Deanna

[Kathleen M]

Gina

I wish my parents had sued also. They knew it was the doctor's fault from the beginning. They did not believe in suing and thought they could always take care of me.... Wrong... dad died at ten... medical costs high...

Now I am paying again for someone else's mistake. I have the secondary injuries that occur as we age.
As my husband has all the bills that pile up for PT etc... it somehow seems unfair. We were deprived of our rights the age limit of 10 in NY... No one knows what is in the future and no one ever studied the long term effects of OBPI and yet we were ruled out before we ever knew what a lawsuit was. Also it was a hidden injury and one we were often told "saved our lives" we had no idea that it was preventable.

Ok.. that was just my two cents.
NY law requires that a child must sue by 10 years of age -- whose rights are being protected with that law?

Kath

[GinaR]

Eeew, well that's just ugly. 10.

The saving grace is that there could be some kind of surgery.

Of course there will be bills, and as I get older I am finding more and more problems coming from this injury.

I don't know how we'll manage more medical bills! Ugh. But I am hopefull and know I will need to get back into therapy and see about this Doctor in Tx.

I'm so elated to have found this place! I keep saying it over and over -- but I've been waiting so long to have someone who even understands, let alone thousands who understand and possibly surgeries!'

Gina