Soooo...I heard from the lawyer today and he basically said that their expert said it doesn't look like medical negligence occurred. What he means by this is that it is his opinion that any other doctor, put in that same situation, would have used the same techniques. So this doesn't mean that she didn't perhaps cause damage with the vacuum, or possibly during the c-section. It just means that he thinks she did what she was medically trained for.Their expert is now looking for another specialist in the field to see if maybe someone else would have a different opinion. He said they're going to pursue "cautiously" because there is no medical negligence statute in Canada so damages would be limited in any case, whether they find the doctor wrongful or not.
I offered to get Dr. K's notes for him so we'll see if he wants those. It was Dr. K who is well known and well respected in the field of Obstetrics that initially told us we should pursue legal action. He didn't agree that everything went according to what it should have. He told us we received substandard care in his opinion so I hope that our lawyer retains Dr. K's notes and uses them.
In any case, I feel like shit. Like there's a ton of bricks in my stomach. I am having such a hard time advocating for Anna in the NICU so I lost my mind today and spoke with the charge nurse and DEMANDED that we try her mouth feeding her tomorrow. I am sick of being thrown back and forth because every time a new nurse comes on shift we have to start from scratch. And now this email from the lawyer, it was just the last straw for me today. I might just sleep the rest of the day away to keep me from overanalyzing and thinking too much. I am already starting to replay the "video" in my head again, that's all it takes.
Anyways, on the other side, Anna has her eye exam schedule for September 1st now, which is this Wednesday. So Thursday we start from scratch again and call the hospitals to see for available beds and the whole transfer coordination dance begins all over again. Let's hope this time it works out and we have no other set backs.
M.
Hi Marta. i just read your good news post about Anna and your bad news post about Liam. I'm SO sorry to hear that they are making it difficult to ensure that the doctor involved in Liam's birth is reprimanded appropriately. Stupid system. I hope they use Dr. K's notes too and that this doctor is at least scared into being more careful in the future. Geez.
ReplyDeleteAs for Anna...what wonderful news that she's weighing more and that it's looking like she'll be moved closer to home in the (somewhat) near future. Hoping and hoping that her eye exam goes well and that you are able to find her a bed easily in teh place you want her to be. She is looking SO incredibly good in the recent photos. Much less like a 'preemie' and much more like an average 'newborn'!!! :D Soooo happy for you!!! Keep us posted! I've been following your story since 2008 and I'm so excited that good things are on the horizon now with Anna!