Unnecessary death of unborn son.

[ellencee]

Well, let's move in to more recent times and Florida's amendment 3 (2004) which pertains to medical malpractice suits.

AMENDMENT 3

Official Title: The Medical Liability Claimant’s Compensation Amendment

Ballot Language: Proposes to amend the State Constitution to provide that an injured claimant who enters into a contingency fee agreement with an attorney in a claim for medical liability is entitled to no less than 70% of the first $250,000.00 in all damages received by the claimant, and 90% of damages in excess of $250,000.00, exclusive of reasonable and customary costs and regardless of the number of defendants. This amendment is intended to be self-executing.

The impact on the income of attorneys must be astronomical. No longer can attorneys charge 30-40% of awards plus additional compensation for expenses.
It is possible that 30% of the award of many malpractice claims would not pay for all of the expenses, depending on the time it takes to reach an award and on the costs of medical experts. If an award is $250,000, the attorney would only be entitled to $75,000. Expert expenses could be $25,000; expenses could be $5-6,000, leaving the attorney less than $50,000 for five years or more committment to the case. Most attorneys would not be interested.

EC

 

[LittleK]

Thankyou. I didn't understand what he meant, and we only met briefly as he was in a hurry. But he returned a call to us after reviewing my medical records and said that a attorney friend of his would be willing to take on the case as after reading the records they both believe there is a significant claim. that somethings definatley weren't done right and a standard of care should have been upheld and was not. Thankyou again for your input. We are going to meet with the other attorney once we get the results of the genetic and placenta/cord testing back.

 

[rmet4nzkx]

I'm glad you were able to get another referal because it does seem that the SOC was substandard and that may be easier to prove than other issues. It makes no sense to ripen lungs and not deliver when essentially full term after you had amnio. Keep us updated.

 

[ellencee]

LittleK
I'm glad you found an attorney willing to review your claim.
Best wishes,
EC

 

[msincognito]

Amendment 3 took effect Nov. 3. Your attorney might be able to find a way to get you in under the old rules. (ellencee is on-target about the impact of Amendment 3 on plaintiffs.)

I am sorry for your loss.

 

[LittleK]

I have spoken with two lawyers here in Florida, and they both told me there isnt much I can do about what happened. Can anyone recomend a lawyer who might give this some actual thought? I am young, only 21, and the lawyers I talked with kind of brushed me off like I was a little kid. Please help!

 

[rmet4nzkx]

What has the doctor said since you were last here re the cause of death? You may have to keep looking for a doctor, one with a good record with OB cases who might better understand that this was not the standard of care. When did your baby die? When did you first have symptoms showing the baby was in distress?

 

[LittleK]

they have not told me anything other than "this happens." My baby died december 18, 2004, I was almost 40 weeks pregnant. Symptons were first noticed on the 13th when I was admited to the hospital and diagnosed w/ pre eclampsia, I was given (steriod shots) to ripen the babies lungs but sent home on the 16th, even though I was having contractions, and very high bp., proteine in urine, severe headaches, vomiting,and abnormal labs.

 

[ellencee]

Keep interviewing attorneys. I believe you were denied care at the minimum standard and as a result, well...keep interviewing attorneys; find one who can see beyond the cap on percentage to the attorney.

EC

 

[rmet4nzkx]

"This happens" is NOT acceptable as a cause of death. The care you received is substandard. In what county did this occur? In what county do you live, who was the insurance carrier?

 

[LittleK]

Thia Happened in US, Florida. I only had medicaid. And when I was first admitted to the Hospital with preeclampsia, and released, the Dr. told me I couldn't stay beacuse the insurance had said I had to leave.
I recently was reading and found something on Tributalie (brethine) and that it is not FDA approved to treat pre term labor. No one ever told me that. They told me I had to take it , even though it made me very shakey and jittery. I had been having contractions, but no cervical change when they prescribed this. And, after they administered the bethametasone (steriod) shots, they still gave me tributaline injections to stop contractions, even after I told nurses that I wasnt feeling much fetal movement after the first shot. They told me it was normal. It doesnt make any sense why thet=y wouldnt let me go into labor after the steriod shots

 

[rmet4nzkx]

What county not what coutry like Dade, etc, just because you were on medicaid shouldn't mean that you get substandard care.

 

[LittleK]

Oh, Saint Johns County is the county the Hospital is in. I am in Putnam County.

 

[rmet4nzkx]

Ok that helps some lets see what we can find out, re complaints re mediaid malpracitce in FL. Your complaint is most likely against the insurance or hospital not the doctor per se. You may also have a civil rights complaint with more merit and not affected by the state cap. Keep looking for an attorney look into wrongful death in addition to malpractice, also complain to the DA's office about wrongful death of a fetus. The medication is commonly used with ptl but your treatment or neglect for preeclampsea may be a bigger issue.

edit: Here is a link to a FL case of wrongful death of a stillborn fetus, it is very important to clarify how the case is brought and the viability of the fetus. Yours was viable.

http://www.aclu.org/ReproductiveRights/ReproductiveRights.cfm?ID=9055&c=144
also on same case, facts different than yours, FLORIDA: CATHOLIC HOSPITAL _Florida's Supreme Court upheld an earlier ruling "that a fetus cannot be considered a person under Florida's wrongful-death law," reported the Washington Times. The ruling prevents Gwendolyn Golden Young from pursuing a lawsuit against St. Vincent's Medical Center of Jacksonville in the death of her preborn baby in 1989. Young "was eight months pregnant with twins when she underwent amniocentesis . . . Her lawsuit alleged one fetus died when a doctor accidentally punctured it with a needle." Young's attorney, Annette J. Ritter, said that "she suspected the justices were afraid that changing their position would have implications for the abortion issue."

(Reading: "Wrongful Death Ruled Out for Fetuses," Washington Times, 3/16/96, p. A3)

Here is another source

http://www.atla.org/subs/PNLRindex04.pdf

 

[ellencee]

The negligence lies with the physician. Having Medicaid or any insurance is only as good as the treating physician. Medicaid will extend hospital stays when the physician seeks justification and Medicaid REQUIRES that no patient be improperly discharged (not stable, in need of continuing hospitalization, or resulting in readmission for the same problem within a short time frame).

The MD gave substandard instructions, failed to continue admission regardless of ability of the patient to pay, failed to justify continued hospitalization via Medicaid protocol,...it just goes on and on. (Based on what the OP has stated).

The medication Brethine was appropriate and most likely did not contribute to the outcome.

EC