Unnecessary death of unborn son.

[LittleK]

Florida At 38 weeks of pregnancy I was diagnosed with pre eclampsia. I was admited to the hospital, and an amnio was done to check the babies lungs, they weren't quiet mature and an ultrasound showed me to be 36 weeks. Steroid shots were administered to help the babies lung mature quicker. All this time I was having contractions, but was given tributaline to stop them. After 4 days, they sent me home on bed rest despite my telling them I didn't feel well, and that I wasn't feeling the baby move as much as he had been and was worried. The doctor said my insurance wouldn't let me stay in the hospital. But I couldn't understand why they wouldn't induce me.That was a thursday night, Saturday afternoon I woke with very bad stomach pain, and started to have vaginal bleeding so called mid wife and went back to hospital. By the time I got to the hospital I was having contractions every other minute. When they hooked up the fetal monitor, they were having trouble finding a heartbeat so they brought up an ultrasound machine. Still they found nothing. Before anyone told me, I was ready to give birth. But my baby was no longer alive. If they had induced me after the steroids, he would have been fine. But they sent me home and sometime within that short time he had died. It's not clear why yet as this just happened, but most likely it was from a lack of ozygen to the fetus from the pre eclampsia. It doesnt make sense because I was full term either way they were looking at it and the only way to stop pre eclampsia is to deliver the baby, especialy since I was already dialated,having contractions, and so far along. Is this medical malpractice or wrongful death? nothing will bring back my baby, but they shouldn't get away with all the mistakes they made. can someone please give me some advice?

 

[rmet4nzkx]

I'm sorry for your loss.

I take it you are from the UK?

One cannot determine the cause of death from your account alone, or attribute fault even though it makes sense to you that it was because you had pre-ecalmpsea. Most certainly you could consult a med-mal attorney and have your case evaluated.

I have some quesitons. How old are you? How many pregnancies have you had? When did this occur? Did they do an autopsy? What was the cause of death? Was the due date in question? Did you have any problems during pregnancy besides the pre-eclampsea, such as itching? Any abnormal test results? Were you offered any proceedures which you refused, such as a "C" section? Did the pre-eclampsea improve with hospitalization? Were you monitored after you were sent home, or told to count kicks? Stillbirth may occur, even without reason although there may seem to be other reasons here your answers to these quesitons and or your records may disclose whether or not there was any way to avoid the out come.

 

[LittleK]

no, I am from Florida. I am 21, this was my 1st pregnancy. This happened on the 18th of this month, I was due on the 31st. An autopsy wasnt done. There was genetic testing, and testing on the placenta. I didn't have any other problems or abnormal test nor did I refuse any procedures. The pre eclampsia didn't improve with hospitalization. And I was told that as long as I was feeling 10 movements in 10 hours it was ok because I had expressed concern at a lack of movement. And I wasn't monitored when I was sent home. Thankyou for your time

 

[rmet4nzkx]

no, I am from Florida. I am 21, this was my 1st pregnancy. This happened on the 18th of this month, I was due on the 31st. An autopsy wasnt done. There was genetic testing, and testing on the placenta. I didn't have any other problems or abnormal test nor did I refuse any procedures. The pre eclampsia didn't improve with hospitalization. And I was told that as long as I was feeling 10 movements in 10 hours it was ok because I had expressed concern at a lack of movement. And I wasn't monitored when I was sent home. Thankyou for your time

I definately would see a med-mal attorney, some things don't add up, unless there is something you don't know, that might be foiund in your records. It would seem that you should have either been allowed to deliver once the lungs matured or monitored more closely after leaving the hospital. I asked if there was any question about the due date because being 2 weeks off and the lungs immature may have been the result of a miscalculated due date or that you baby had some failure to develop as expected inutero. I asked about other problems because you may have has what is called ICP even without symptoms, but you should have had some abnormal labs or it should have shown up in the amnio, this is a common cause of stillbirth. Are you sure they told you 10 kicks in 10 hours and not 10 kicks in 1 hour or ways to induce kicks such as drinking soda? Please keep us updated. Was there any discussion about an autopsy? Did they give you any reason why this happened? Again, I am sorry for your loss.

 

[ellencee]

I agree that the OP should consult with a medmal attorney.

Since pre-eclampsia is a sign/symptom/condition that results from a damaged placenta, the challenge will be to prove that the delay in delivering the baby is the cause of the baby's death and not the damage to the placenta, which had already occurred when the symptoms presented.

The mother needs to know the true cause of the death of her baby and I sincerely hope an attorney will take her case on a contingency basis.

EC

 

[rmet4nzkx]

So sad and so little that can be said, and nothing that can change her loss. Not knowing why is so difficult, especially when one would have expected induction after ripening the lungs. Hopefully someone will take the case on contingency. Please give us an update when you are able.

 

[LittleK]

Thankyou all. Well. they definitaly told me to do 10 kicks in 10 hours which I thought was odd since all along my ob had me watch for 10 in an hour everyday and when I was voicing a concern about not feeling enoung movement I thought they would take that as a sign something may have been wrong. We could not afford to have an autopsy done with everything else, as it was 2500 dollars upfront. They did genetic testing and testing on the placenta. The placenta was fine, we havent gotten any other tests back as of yet. I had assumed they would induce me after the 2 days after the steroid shots, but that was when they sent me home. When I asked why they said it was just a precotionary messure in case I went into labor so his lungs woulld be mature. By my dates I was 38 weeks and 3 days when I entered the hospital, but by the ultrasound, I was 35 weeks and 4 days, and they just let me go home at ,according to ultrasound I was 36 weeks. I am a very small person, 4' 11 and I only weighed 94 lbs before becoming pregnant and I thought that this may have had a lot to do with the sze of the baby, maybe he was tiny becuase I am very tiny and the due date wasn't wrong. I only wish they had done the logical thing and induced me then.

 

[purple2]

1st please let me say how sorry I am for your loss. I can't imagine what you must be going through.

A little hindsight....hospitals usually give patient rights booklets or at least a handout with patient rights. Usually one of the published rights is for a patient to protest a discharge if he/she feels she is medically not ready for discharge. You can also file similar complaints with your insurance company if they insist you leave the hospital early.

Just a thought for you, as if you failed to protest your discharge, a later claim that they forced you to leave to early will be harder for you to prove.

 

[rmet4nzkx]

All your concerns are right on target, but now is the time to find an attorney and hand it off them.

I know you need answers, but some may never be forthcoming.

As to the Ultrasound dating, there can be some normal variance as the pregnancy progresses, I would need more information to calculate that variance but 2weeks is roughly in the ballpark, my concern is that there was increased risk, since the lungs were not mature whether it was 36 or 38 weeks.

While it is true that you size may have contirbuted to the size of the baby, it also depends on other factors, such as the size of your husband, some small women have 10 lb babies, other women over 6 feet have small babies. My daughter-in-law who is also under 5 feet had a child at 35 weeks that was over 9 pounds.

When you get your records check to see if there was anything said about IUGR or other condition that may have affected normal growth. Have you asked your OB what the cause of death was?

Thank You for updating and let us and feel free to continue as you feel comfortable.

 

[LittleK]

Thankyou. My ob hasn't given me a cause for death as of yet. When they discharged me, I hold told the doctor, who never examined me or anything, that I wasn't ready to leave the hospital and that I didn't feel safe leaving. Especially since I live an hour from our hospital and I don't drive myself. But he said my insurance was kicking me out and that they just wouldn't let me "hang around anymore". I do only have medicaid but I think I was still entililted to recieve good care. When I went into the hospital, from a previous exam at the office, my ob said I was 2 cm. dialated and 50% effaced. But when a nurse did exam, she said my cervix was complety closed and thick. But she barely took time to check, And the doctor never did an exam. I never even met, or saw an actual doctor until he was telling me I had to leave.
I know that pre eclampsia can result in groth restiction in uetero, is this what you are refering to ,IUGR? I figured when the ultrasound showed him to be small for gestational age, they would have thought this. But all that was said was that my dates were off. But I was quiet sure of when I got pregnant.
Thankyou all, again. I will keep you updated.

 

[ellencee]

LittleK
The answers you seek can be found only in a thorough review of your medical records and those of the baby's. A medical malpractice attorney in your area can obtain copies of all of the records and have the records reviewed for indications of negligent act(s) resulting in the loss of your infant.

I am not supportive of our what-if-ing our way through this truly sad event. There are as many possible causes as there are contributors/responders to your post.

You were/are entitled to the same care as a private pay patient or as a fully insured patient. If your clinical picture suggested the need for continued hospitalization, you should have received it. If the ultrasound indicated a damaged/faulty placenta, then delivery of the infant was indicated. If any condition of the fetus indicated the need for early delivery either by induction or by C-section, it should have been provided. If the clinical picture and/or the ultrasound were not properly interpreted and proper intervention was therefore denied, negligence most likely occurred. Those are the only issues that truly matter.

All of this about your height and weight and the baby's size, etc. is not of any use in evaluating whether or not you have a valid claim of medical malpractice resulting in the death of a nearly fullterm infant. Your answers will only be found via a review of your medical records (and those of the baby's) and the laws of your state.

You may benefit from reading these books, "Born Still" (more of a pamphlet, usually available in hospitals' L&D or Postpartum units), "When Hello Means Goodbye", and "Still to be Born". At this point in your grief process, "Born Still" and "When Hello Means Goodbye" may be of the most value.

Best wishes,
EC

 

[LittleK]

thankyou all. My husband and I have an appointment Monday with a lawyer here in Florida. And I will keep you updated. Again, Thankyou!

 

[rmet4nzkx]

Good, I'm glad you and your husband have an appointment with an attorney and that you will keep us updated.

 

[LittleK]

How does ammendment 3 affect a malpractice case? the lawyer I spoke with said it may be hard for me to find someone willing to take on the case because of ammendment 3

 

[rmet4nzkx]

How does ammendment 3 affect a malpractice case? the lawyer I spoke with said it may be hard for me to find someone willing to take on the case because of ammendment 3

That makes no sense, were they military doctors?
Amendment III

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Consult with another attorney.