Monday, November 22, 2010

A day 14 months in the making.

Today was a big day for me. A day that I have been dreading, putting off, ignoring, and avoiding for 14 months. Today I had a meeting with a lawyer involving Fisher's birth trauma and injuries. I was hoping that if I avoided the issue it would go away. We would pay the medical bills, Fisher would be fine, and we could move on. Alas, that hasn't happened. So I met with a lawyer today just to see if we have a case. I know that things went wrong at Fisher's labor and delivery. I know that my medical records are not representative of what happened - but what I don't know is why things went wrong, why my medical records aren't correct, why Fisher had to suffer. I didn't know if we had a case or if was just the proverbial "one of those things."
So today I took all of my medical records, all of Fisher's NICU records, his Ear, Nose, and Throat records, and pictures of his birth injuries to a lawyer that specializes in birth injuries. I told a very brief overview of Fisher's story. Just the bare bones basics. Explained that his medical records and mine do not match up. His NICU records describe all of his injuries in detail and why they occurred - my records describe me going into labor, Fisher being vertex presentation, I didn't progress, and therefore had a c-section. This is entirely not true. I wish it were the case, I really do, because if that was what happened then I wouldn't be seeing a lawyer today. Unfortunately, putting it in my records that way does not explain the days in the NICU, the four surgeries he has had, the trips to specialists and Children's hospital out of state, or his future surgeries. I said all this to the lawyer who listened patiently...and then I pulled out a few pictures of Fisher's first days that I had brought with me. As soon as he saw the pictures the lawyer said "Unbelievable, we will definitely look into this. This is entirely unacceptable and inexcusable." My sentiments exactly. Just knowing that I have not been overacting and that an actual birth injury lawyer thinks what happened to Fisher is ridiculous and was unwarranted was so empowering. Hearing the lawyer say those words was an extremely emotional moment for me.
So what's next? The lawyer is going to review my case in more detail. He is going to talk with a medical expert and they will get back to me soon to let me know if they decide to take the case. So it isn't definite he will take the case, but from our discussions, I think he will. Even if he doesn't, I am so glad I went today. I healed a little. I took a little piece of power back that I have been giving to the OB for the past 14 months. I feel a little stronger and a little braver and a little less like a victim. It is a step in the right direction for so many reasons - to get my medical records corrected, for Fisher, and for me.


  1. GOOD FOR YOU!!! Fisher's lucky to have a strong, determined mother on his side. I'm so proud of you for going. Sending you a big 4-H hug. There may be a time delay since we're 1000 miles apart, but it should get there sometime tonight.

  2. Thanks Erin! It was ridiculously hard to go - I am soooo anti litigation, but this is just down right ridiculous. When I realized the medical records are not correct I knew I couldn't let this slide.
    Got your hug BTW :) ha ha!

  3. Hope you get some answers soon. Sending you hugs.

  4. Oh, I am so glad they took you seriously. I'm sorry you are having to go through this but in the end everything will work out for the best. I'll keep everything crossed you hear good news soon!