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I have an 11 month old that had a stroke during his birth. He was born with the cord around his neck. I was in labor for 14 hours and 6 of them my son was having problems. His heart rate was dropping during contractions, at one point down in the 40's and he never progressed any lower. After 6 hours of this my doctor got ready to deliver . This was when I stepped in and said I think I need a c section. I was then rushed in and he was delivered in a few min. This was when they noticed the cord around his neck. My son later needed an MRI for development problems and they discovered he had a stoke and they said it looks consistent with his birth issues. Does it sound like this could have been prevented? I was not given an ultrasound and everyone just kept telling me everything was fine. Does it sound like I have a case for medical malpractice? The last thing I want to do is go forward if my doctor did nothing wrong but my son will need years of care and is at high risk for CP. Any advice?
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We caution all potential clients that medical malpractice claims are very difficult to win - few settle and those that are tried are won by the doctor 9 out of 10 times. Those cases which have the best chance for a good outcome for the plaintiff are those where a clear act of negligence, or omission of appropriate care, are apparent in the medical record.
We estimate that the litigation expenses alone, excluding attorney fees, will run $30,000 to $50,000 for the "average" medical malpractice case - these are costs for which the plaintiff is responsible regardless of the outcome of the claim. Only those cases where there is catastrophic injury requiring significant future medical expenses do the damages warrant the risk of litigating the claim.
If your son suffers significant developmental problems and they are the result of negligent care during delivery, then you may wish to consider a lawsuit. The first step would be to obtain your medical records and have the file reviewed by a medical malpractice attorney. If appropriate, the next step would be to have a medical expert identify any issues with the care.
Please keep in mind that you have a two year statute of limitations in Colorado for filing a medical malpractice claim, you must file within two years of the act of negligence or lose your right to do so. Other time limitations may apply.
Answered on Jul 10th, 2014 at 7:53 AM