United Brachial Plexus Network, Inc.

To all those wondering whether to sue or not - there are so many factors, but one thing for sure you should consult with an attorney and get the medical records. It really added some closure for us to read the records and understand what was going on amidst the pain and screaming (sigh). I don't think attorneys usually charge for this - ours did not.
Good luck to all of you.
Tina

When it comes to an amount here were my calculations. In the obgyn field the average doctor after insurance and all other fees makes around 250,000 per year. Since this doctor has taken that option from my child 250,000 x 20 years of practice is right around 5 million. If the doctor who injurs my child makes that much in his lifetime then my child deserves just as much since they now do not have the opportunity to do that same job. That might sound wacky to some of you, but it is just in my eyes.

I appreciate your anger at your childs injury - and can see how having a bpi could prevent your child from practising as an obgyn -but your child could be a dermatologist, neurologist, pediatrician, oncologist, etc etc - so your child may well earn 250,000 per year - as parents we must be careful NOT to pass our negative thoughts and feelings about our childs injury onto them. Whose to say what line of work your child may undertake - my child wants to be a lawyer - I hope that his earnings will be as much as a Doctor - if not even more.
In most cases these children ARE capable of holding down a job and earning a living - we should not forget that fact

Ok so maybe I will step in Here, the amount of money should be base on you and your child not being able to do something and finding training to have a life and the parents that have to deal with Erbs! I dont even know how you loses case I dont get it so I am going to post It!Dont juryies have a heart or are some doctors still look at as a issue of dont blem me! Here my point only beacuse I lived my life with no hope from my Erbs and they call it a deformite in the 50,s Please dont tell me this true anymore.This is what I would tell your laywer or a jury! I want to have all the operation now and in the future for my child.I want my child to beable to see a phycrtised and job training so my child will have a life! Without it how would you ever think my child will ever have a chance to find a way to be nomal to a point! loses I have to post next I have a human right case right Now no just on my Erbs but my age To maybe a life time of Erbs Will help Here! Tom

Wow, thanks again for all the help. I will post another question, related to this sensitive topic, later today. There is so little guidance available anywhere else, your input is and will continue to be greatly appreciated.

How do you know to sue? -When you've taken perfect care of yourself for nine months to ensure the health of your child and your child's arm dangles immediately after birth while the other arm is figiting and moving around perfectly. -When your child requires surgery to fix the mistake the ob made. -When your child may never have a normal life because one doctor decided to delivery him too hastily. That, my dear Mellanie, is when you know to sue.

Sorry i lost this site so i haven't been able to get back right now Angelina is on full meicaid we tryed to get her ssi but were told she would still be able to work(haha she is 18mo. old)and were denied.
any ideas of were to go from here?

ok,I've read all this, but I guess we wouldn't have a case...... I got a sona gram every month till my last month and it was every week. When angelina was born our doc tryed all diffent things....even had his armup there working on it....she started to quit breating from being in there so long and i started screming at him to get her out. So i guess it was my fault it happened but at least Angel os alive today even if she does have BPP.

Melanie, please don't blame yourself. This injury is NOT your fault! Of course you're glad that Angelina is alive. Everyone here is thankful for the same thing, but that doesn't mean that the dr. was not negligent. There are maneuvers that the drs. should know how to do so that it shouldn't ever even get to the point where not breathing is a serious concern. From the time the head is delivered, they have over 5 minutes before permanent brain damage is likely. That's quite a bit of time because each of the maneuvers doesn't take a long time.

I'm a strong believer that it's a personal decision as to whether or not to sue. I know from personal experience that it's not a fun process and can understand some people choosing not to sue. I'm also a strong believer though that for our children's sake, we should at least look into it. I think it's always good to at least request a copy of the medical records or have an attorney request a copy. Also, I think it's good to consult with at least one attorney (2-3 if necessary) who specializes in medical malpractice and has experience with BPIs specifically. Once you get their opinion, you can opt to not pursue it any further if that's what you want. You're not obligated to file a lawsuit simply b/c you have them review the records.

If you don't at least look into it, then you'll likely always wonder. Also, try to think about how your daughter might feel when she's older. If you at least look into it, then at least you'll be able to tell her that whatever your decision was, it was a well-informed decision.

BTW, I don't know if you realize, but attorneys work on these cases on a contingency basis so if you don't win, then you're not out any money.

As far as it being your fault because you were screaming at the dr. to get her out, well, I'm sure that drs. hear lots of things from pregnant moms in the delivery room. I'm sure they don't make their decisions based on an emotional and screaming Mom. Part of their job is supposed to be the ability to remain calm in such a stressful situation and to safely deliver the baby.

It is interesting to read that you had ultrasounds monthly then weekly. Was Angelina a large baby? Did they figure that she would be big? Did you have gestational diabetes? Did they ever discuss a c-section with you?

Please be careful what you post though because if you do ever decide to pursue legally, a defense lawyer can try to use some of your words against you that you write.

Please know that I'm not judging you if you decide not to sue, but I really do recommend getting professional opinions before finalizing any decision. You might findout what the statute of limitations is in your state because you might have until she's 2 y.o. to file a lawsuit to make a decision. Sometimes it takes going through surgery and / or intensive therapy and still seeing lost function to finalize a decision.

-Written with care and concern, guest this time