Hire a Lawyer or Not?

I was just wanting to know how many of you have hired a lawyer to look into what may have happened at birth to cause ur child to have CP.  I am thiking about hiring one, but I know it is gonna be a long, hard process, and I can't really decide what to do.

[alwaysbelieve]

Our case was fairly simple. Doc #1 missed my son's heart defect ENTIRELY...that was why we went to a lawyer. However, once the lawyer started investigating.....Doc # 2 was the direct cause.

CP is a garbage term for brain damage affecting muscle tone/control occurring before 3 years of age.

How was your pregnancy? Delivery?

My son was born Oct. 1987. First surgery (and stroke) Jan 1988. Contacted lawyer May 1988. Referred to another lawyer Jan 1989. Lawsuit filed later that year. Settled out of court Oct 1993.

There were a lot of interrogetories and I only had to go through 1 deposition. In the end, hind sight...should have gotten more for him. But......he passed away 12 years later. The mess after he passed was worse than the original lawsuit.

I have been through various BS with all of this......happy to help in whatever way I can!

[momoftwins30807]

I had a good pregnancy until i went into preterm labor at 31 weeks.  I was in labor off and on for about a week.  I developed a fever and tachycardia (both indicators of amnionitis) 3 days before they finally delivered me.  I wasn't placed on any antibiotics for the fever.  In fact they thought I had caught the flu while in the hospital.  I twasn't until I developed severe abdominal pain that they decided that i had an infection in one of the babies sacks.  Ella's Heart Rate was running higher than normal,so they were pretty sure it was in her amniotic sac.  Now she has cerebral palsy, and chorioamnionitis can be a cause of cp.  I just feel like the doc's should have taken the fever and tachycardia more seriously and not have waited 3 days.

[crabby70]

My daughter is almost 11...I had a normal pregnancy...full term....second child...first one emergency c-section...prolasped cord....went v-bac....if there were any problems during delivery was suppposed to have c-section but doctor said better to go v-bac....well problems during delivery...needlss to say I didn't get my c-section...she was born not breathing.....but she made it...started law suit when she born....wasn't officially filed to years later...and settled out of court....took about six years.....they always said she had global developmental delay...18 months got the diagnosed as CP....best of luck

[mommyofnathan]

Busy with a lawsuite.  It is pure hell - having to relive every single minute of that time.  I don't encourage people to do that.  It is necessary but honestly, I wish I could back out.  My son suffered a brain injury during a simple surgery.  Their reasoning is that he was like "that" before and I was just so incompetent that I couldn't pick up his severe delays for 5 months.  Ours will probably go to court because we are suing 3 doctors and the hospital - multi million.  It is NOT about the money and if it was possible, I would rather try them in a criminal suit because I feel very strongly that their negligence has for all practical reasons killed my son and destroyed all of our lives.  There is no harm in getting a lawyer to investigate, just make sure before you actually sue.  All our expert reports came back saying we have a open and shut case but of course the ones in question will try every tactic to get out of it - including making it sound as if I am only looking for someone to blame for my child's problems.  Too bad all the evidence shows that I did not miss such a severe brain injury.   Good luck    

[alwaysbelieve]

It is a heartbreaking thing to go through. Re-living everything over and over and over. Sometimes you think it would be easier to not be able to 'blame' someone. Then you worry that all other docs you take your child to will treat you/your child differently.

And mommyofnathan......you are so right......it is FAR from being about the money. My son's settled for several million and it wasn't like "Now he can have that really expensive surgery to fix this and be 'normal'". However, it is a matter of being able to have modifications done to make your child more comfortable and make things a little easier to care for your child. As well as your child being able to experience the most out of life.

After my son passed we went through a TON of issues. His dad and I divorced when he was 6.  I took care of him at home. While we were married and after we divorced. When my son was sick, his dad wouldn't take him for visitation. When my son was hospitalized, his dad wouldn't visit him or take the other kids so I could give my son 100%. His dad would give me receipts for laundry soap. His dad refused to modify his home to make things easier for my son. His dad refused to modify his vehicle as well. So he would park his car at our house and take the modified van my son's estate paid for, then he would use that vehicle to run errands or take the other kids somewhere because his car was at my house.

None of that would be an issue EXCEPT the law says it is divided EQUALLY among surviving family members....INCLUDING my ex's children from his second marriage!!!!!!! (by the way, his oldest child from #2 broke my disabled son's nose). Meaning.....his ONE YEAR OLD HALF-SIBLING GETS THE SAME AMOUNT AS HIS 19 YEAR OLD FULL BLOOD SIBLING WHO SACRIFICED EVERYTHING!!!!!!!!

I had to file a 'claim' in order to pull funds away from my ex and his 2 kids from #2....bad. Horrible process.

I would hire an attorney. They may find it was an act of God. They may find it was someone's mistake. Either way and win or lose a lawsuit, you will ot have that question anymore.

Keep us posted!!!!

[crabby70]

I agree with alwaysbelieve.....every word of it...best of luck





and alwaysbelieve thats so terrible about your ex!!!