Medical Malpractice-resulting In Death Of Infant

[Chaim]

My 10 1/2 monnth old son passed away January 2010. He was born March 12, 2009 in a small town hospital. He had shoulder dystocia upon vaginal delivery and suffered a severe collarbone break. They called it a brachio plexus or something along that lines. He was blue and could hardly breathe. He was bagged and then intubated and upon xray they learned he had a severe Congenital Diaphragmatic Hernia. He was transported via med flight a few hours later to the childrens hospital a couple hours away. He was immediately put on ECMO(heart and lung bypass machine) He remained on ECMO, paralyzed and sedated for 2 weeks, and then had his diaphragm repair surgery. He was sedated for the first 8 weeks of his life. He opened his eyes and took his first breath on his own without a ventilator at 8 1/2 weeks old. He had severe pulmonary hypertension, heart defects, and underwent 9 surgeries in his 10 months of life, including 2 open heart surgeries. He spent his whole life in the childrens hospital, on many iv medications, and was intubated multiple times throughout his life due to his pulmonary hypertension. He had a very small underdeveloped left lung. I had excess amniotic fluid while I was pregnant with my son and a few ultrasounds, all of which the defects in my sons heart, lungs and diaphragm were not detected. The reason for the excess amniotic fluid was never looked into, and I have been told things would have been done much differently had they known about this defect. I would have had a c-section via ECMO, and my son would have not been distressed for the first few hours of his life, because he would have been put straight on ECMO.I would have delivered at a qualified hospital, and my son never would have suffered the collarbone break. Steroids could have possibly been given to help with his good right lung and poor left lung while in utero.. among other things that would have been done differently. I held my son for the first time when he was 9 weeks old. He passed away due to a pulmonary hypertension crisis episode. The emotional trauma his father and I experienced, we live through every day. It was beyond horrible. I have been told getting a good look at heart and lungs is policy during ultrasounds. My son suffered distress he never shoudld have been put through. Is this grounds for possible medical malpractice?? THank you very much for your time.

[Murchadh]

Jamie,

I am very sorry for your loss.  This is a heart-breaking history.

I strongly suggest you find a qualified medical malpractice attorney in your area that has done traumatic birth injury cases. I also urge you to do this immediately since there are strict time frames to file malpractice lawsuits.

Once again, I am very sorry for your loss.

Paul D. Friedman, M.A., Ph.D., J.D.