View Full Version : Any lawyers out there? Need opinions
November 24th, 2003, 2:45pm
Hi i think i might have a possible medical malpractice case, but i am not sure. i would really like any opinions. My daughter had a condition when she was born (a partially malformed lung which created a mass called ccam). I had 2 ultrasounds the last one only 7 weeks before i had her. They didnt see anything on the ultrasounds supposedly, and the main symptom for the condition is excess amniotic fluid which i had and they noted in my chart, but never tested for anything. We had birth complications and their tools werent working and then she had to have surgery immediately after being born because she wasnt breathing. I was just wondering if I can take legal action for them. She is fine now but she had a traumatic and complicated birth all because of not knowing ahead of time that she had a condition. they could have induced me early so the mass wouldnt have been as big, plus there are prenatal surgeries i could have decided to do (not sure if i would have but i wouldve liked to have the option). Both the surgeon and a nurse from the hospital i had her said they were very surprised that no one caught this on the ultrasound, but said not to quote them on this. The surgeon said this was the largest mass in a baby he has ever seen in his career. Just a question, because i am very unsatisfied with the way everything happened. You can pm me or post here. Thanks for reading.
November 24th, 2003, 7:23pm
I'm not a lawyer, so I can't give you legal advice but it does sound like you have a strong case. Maybe if no one here is a lawyer, you could call one that specializes in malpractice. That is a special area and they would probably be able to answer you quickly. (I have been looking into it a little myself).
I am so sorry to hear about your baby. That is a lot to have to go through just coming into the world. :worry: I hope your little one is doing better now.
November 24th, 2003, 7:43pm
I'm not a lawyer...just work for them. Most of my career (if that's what you want to call it) has been in the med mal field on both the defense and plaintiff side. It does sound like you have a potential case because of the breach of the standard of care in not doing further testing and possibly the "tools not working". Not sure what that meant, but sounds bad. Is your baby going to need future medical care? Laws are different from state to state, but the breach is a key issue in Florida and I would assume elsewhere. There is a lawyer site called martindale hubble (not sure about the spelling) and you can type in your state, city, township, etc. Try to find an "A" rated attorney is you can or there is always word-of-mouth. You should be able to get a free consultation and they could at least obtain the medical records to see if there is a possible case. Good luck and please let me know if I can help further.
January 23rd, 2004, 1:09pm
Hi I am still looking if anyone can help. The lawyer i thought was going to take my case can not travel right now so i need to find one. Any help is appreciated or opinions.
January 23rd, 2004, 3:45pm
Here is the website that Binski (Robin) told you about, where you can search for an attorney in your area: http://www.martindale.com/xp/Martindale/home.xml
I am only a law student, and haven't really taken anything that went into depth about medical malpractice. It has been my experience that people like Binski who work for lawyers typically know as much, if not more, than the lawyers they work for. And since she has done both sides, she is probably the best source of information. There is a lawyer on here (jsolka or jskolka is his name, I think), but I don't know what type of law he practices.
I don't know how old your baby is, but you should check with an attorney sooner, rather than later; if you wait too long, you may not be allowed to sue. Binski could probably tell you what sort of time period you have to file your lawsuit (called a statute of limitation).
Good luck to you!