I need help and or advice on my case please!!! I feel so hopeless and helpless. I had a repeat C-Section almost 2 yrs ago when my doctor partially amputated one of my daughters fingers! Imagine how I felt and I am still feeling. My lawyer can't seem to find an OB/Gyn Doctor who can write us and Expert Report. The two years are almost up and I feel so depressed because it seems our case is going downhill and the Doctor will get away with this. All I am asking is for her to pay my daughters medical bills related to the incedent and money for future surgery if my daughter in the future decides she wants to have surgery on it. My question is does anyone know if an OB doctor in Austin, TX who would be willing to help out? What should I do?
I can't imagine telling my daughter when she's grown that the Doctor that amputated her finger at birth didn't pay for what she did to her! I can not give up on her. Please any advice, help is appreciated. Thank you
Thanks to the ones who really gave me legal advice I am copying and pasting your advice so I can take notes.
I also feel that I left out somethings and people are not understanding what happened, beleive me I don't know how someone could of made that kind of mistake so here goes.
I was scheduled for a repeat C-section went in the OR Doctor makes the incision to my uterus which then took my daughters finger with it. At the time she did it she didn't know it had happened unitll they noticed that her finger was bleeding and then a nurse saw her finger in me. I did sign papers that talked about the risks of having a c-section and no where in that did a say "proabable amputation of body".
Sounds like you need to find a new attorney. If this is a valid case I can't imagine why a good lawyer cannot dig up a doctor to use-esp with all that $$ on the line.
I would find another lawyer. They usually have a whole slew of docs they can call to get the letters they need. Perhaps if you contacted a larger firm....
There is SO much missing here. I apologize from the get go if I am off base.... and I already know I m blunt. No insults intended... just realistic thoughts....
My initial gist.... you are angry, you want someone to pay, you are out for a huge $$ settlement and revenge. Juries are opposed to people suing now because it is so rampant, waste of tax payer $$ and resentment of people trying to make a buck for doing nothing.
I have a friend (attorney) who just won a car accident case for her client because the person suing was obviously only out for money and abusing the system. The jury awarded them $1... which means no appeal, no nothing, it is DONE.
Be VERY careful if you plan this and anyone gets any type of hint that you are in it for $.
For starters, you signed agreements with potential risks, it was a partial finger... not good, certain mistake but not life threatening. Thank goodness your daughter will be ok.
If you act like this is some debilitating factor/handicap for your daughter, then she will pick up and model your behavior. Do you want her to be someone who is a go getter or someone with the "poor me look what happened".
You need to clearly sort out your motives here.
Sorry...but kinda sounds fishy to me.
You and your lawyer really need to scour the contract you had with the OB and the hospital regarding the c-section surgery. Things like that are usually covered, and that could be why you "can't find" an OB to be your expert and speak out against the OB and hospital that did your c-section.
When your daughter is older, you leave out all of the drama that you're feeling in your turmoil of emotions. You tell her simply and matter of factly that there was a birth accident caused by the OB performing the c-section surgery. Take whatever other questions she may have from there.
The problem with medical malpractice is that it is very difficult to find a Doctor to say that another Doctor made a mistake, that is why often times Expert Witnesses come from out of state at a huge expense. I know you want him to pay and you want all these bills covered, but really sit down and do the math. How much are you going to get, how much is your lawyer going to take, how much are expenses going to be, etc? I know when I worked for Personal Injury attorneys in car accidents, the average Expert Witness fee of a Doctor was $6K-$10K, and that was just their fee, not counting what they charged for travel time and any other expenses you can think of. If you really want her to "pay" report her to the medical board. I'd be really surprised if at the end of all your expenses, you will not have enough for medical bills or future medical bills from you portion of the settlement.
WHYYYYY did they amputate the finger? Lot's missing from the story here...
In all the papers I signed when I had my c-section, this very thing (injury while cutting or removing) was covers. Do you still have all the papers? If so, you should read them very, very closely. (With your lawyer.) Chances are, you signed away the doctor's liability.
From the VERY little I know about this, I don't believe an expert witness is always needed. (Like Dad said.) Again, I agree with Dad on this one...your lawyer should have filed already. It's been 2 years, have you consulted with another lawyer? There are chances another lawyer will do more for you.
ETA: I also feel like there is a lot missing to this story.
Welcome to Mamapedia. I'm so sorry your first question has to deal with such a troubling issue.
How many docs has your lawyer asked to be an expert witness? Has your lawyer attempted to look nationwide?
Short of cold calling OBs, there's really no way to know which ones will agree with you. Moreover, I'm confused as to why the lawyer isn't filing just to toll the statute of limitations while he/she continues to find an expert witness.
BTW, an expert witness is helpful, but not necessary in many cases. Couldn't he simply use the OB in cross-exam to establish that removing fingers isn't in the normal standard of care?
hmm. heard a story similar to this on the radio a few weeks ago.
Hate to be the bearer of bad news, but you signed an informed consent, which apparently included amputation of a body part. You can get a new lawyer, but most likely you will just find yourself out a lot of money for lawyer fees. Since you were aware of what could happen, and you signed something saying you were aware you don't really have much of a case. Be glad that your daughter is healthy and (hopefully) happy and doesn't have a handicap that will slow her down in any way. I agree with another mama that said be careful how you present this to your little girl, as she gets bigger you don't want to give her any reasons to be insecure about herself. You and your lawyer will have a rough time finding an OB/GYN willing to be an expert in this case. Anytime you are cutting into something, you have the potential to cut the baby. It happens, however unfortunate it may be. There are fewer and fewer OBs out there, because malpractice insurance is astronomically high for this specialty area, due to people (such as yourself) suing for compensation for the complications that unfortunately can happen during deliveries. Best wishes to your little girl, I hope you don't let this slow her down a bit!
Isn't this what doctors have incredibly expenses mal-practice insurance policies for?
Oh my god, that is terrible. I would simply contact the doctor's insurance company and ask for a settlement. That is why they pay the malpractice insurance. I would think that cutting off a finger would not require and expert to report that this is not usual during birth! Otherwise, call head of obstetrics at various big hospitals, or talk to another medical malpractice lawyer. I cannot believe that since you are only asking for reasonable reimbursement and not mental anguish money that a court would not side with you. But the best thing to be would be to offer his insurance company to settle out of court to avoid the lawsuit. But even without a finger, I bet she is beautiful.
You do need another lawyer.
You ALSO need money to pay for OT to help your daughter learn to do normal things (like being able to write and type) with her disability he caused. Didn't your lawyer tell you that?
I think your lawyer stinks, btw.
Dawn
This isn't unheard of. My little cousin has a scar on his head because his forehead was sliced open during his c-section birth. I don't believe his mother pursued any legal action.
My main question is why couldn't they reattach the finger at the time? Obviously it was a clean cut... I know that it is well within their ability to do so.
I think you should definitely get a new lawyer, NOW. It is HIS job to find what you are looking for, not yours. That's what you pay him for. Sounds like a crappy lawyer you have.
Good luck!
It's hard to imagine that your attorney cannot find a doctor! There are literally books with listings of experts in every field. Your expert DOES NOT have to be from Texas. Your lawyer knows that or should know it.
The statute of limitations for you to pursue this action may run in the 2 year time period BUT you can toll that statute by filing a lawsuit. If you cannot resolve the matter by the time the SOL (statute of limitations) runs, file the lawsuit to preserve your rights. I have an inkling in the back of my mind that says medical malpractice suits can only be filed if you have an Expert who agrees that the standard of care was breached. I am in CA so I don't know if this is the same in Texas, but if it is you should be advised that the SOL for your daughter to pursue the matter does not even begin to run until she reaches her 18th birthday so SHE has until her 20th birthday to resolve the issue. So all is not completely lost if you can't resolve within the 2 year SOL but then it will have to wait until she's 18. Confirm this with your attorney but that's how it is in CA.
Did they attach the portion that was cut off? The witnesses would be the nurse & surgical technician at your c-section.
I agree, you need a new lawyer...this is his/her job, not yours!
Isn't the statue of limitations extended for a minor?
I'm sorry you are dealing with this. I don't think you need to limit your search for expert testimony to your local area.
First find a malpractice lawyer that will look at your case. They will then
tell you if you have a chance of winning. Usually if they feel you can win,
they will not charge unless you win. Let me tell you these lawyers know,
what case can be won and what case cannot. Good luck.
Great first question! Welcome to MP!
