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Could this possibly be a reason to file a lawsuit? |
My twins were born 1 day shy of being 3 weeks early, they were born at 37 weeks! My son was almost 7 lbs, my girl was only 4! They were no test ran, although my daughter was very small. They just assumed the boy got more nurishmnet than she did. Now they are almost 2, they daughter is still small, and they don't look like twins at all. The boy looks 3 or 4 and the daughter barely looks 2. She has just started walking and still says no words. She is delayed developementally, as far as her speech and motor skills. CPS was called in to investigate on a doc visit when she was admitted to the hospital for failure to thrive, and being underweight. She gained 2 pounds in the hospital and CPS deemed neglect on my part, saying that nothing medcially was wrong and that it was an environmental neglect, which is crazy! Can the docs from back then be sued for neglect if there was something wrong and they failed to tests my daughter to see if she was okay. She has been frail since their birth! Daughter gained weight after they upped her calories by a thousand before that, the pediatricain said that the 2200 calories she ate at home were sufficient. I gave my daughter pediasure as well. The failure to thrive diagnosis came after CPS got involved, before that the ped' never mentioned anything about it, and I had never heard of it. She acted completely baffled about my daughter's weight, and showed no concern in my child being almost 2 and not walking or talking. In other words, she was no help. I started getting help for my daughter through an agency that works with developemental/speech problems in kids. They made only 2 house visits, when the kids were taken. Once in the hospital, the staff had my daughter in therapy daily, for several hours at a time, plus they increased her caloric intake and were giving her vitamins. Had I been allowed 2 continue the agency's services at home and been alerted to increase calories, who knows what would happen! CPS would be outta a case!!! It sounds like you may have a case, although of course ALL the details need to be reviewed. You should consult an attorney, I think it may cost you but it may be worth it if it was the hospital's fault. ONLY IDENTICAL TWIS LOOK ALIKE SO YEA AND NO YOU CANT FILE A LAWSUIT ESPECIALLY AFTER 2 YEARS I would contact a lawyer for a free consultation. Good luck Seek the advice of a lawyer. Most do a first session for free. Its hard to say. If the hospitol didn;t see anything wrong with her other than weight, they might not have thought tests were necessary, but what about your pediatrition?(baby doctor) Yes it might be a reason to file a lawsuit. But you must go to the hospital and get all the records from her birth. Then take all the info. that you have to a lawyer who understands the medical terminology of her records. Also bring in your sons records and the records from the time she was admitted to the hospital. Actually, sounds more like an appeal to a decision in your case. If you can research information about your situation and advocate for your children that would demonstrate to others you are more knowledgable than they. I always thought failure to thrive was something determined by your doctor or a coroner. You actually have the doc's on your side unless they are the mandated reporters that called CPS. Your doc's did a lot for you, they are your friends. I would consult "another" social worker, perhaps one that has a masters in social work. I know here, there are "free" ones at the Salvation Army, You might get support and iron out your problems, good luck! My first question to you is: what has your pediatrician been saying about your daughter's failure to thrive? I sure hope you have been taking these children to the doctor on a regular basis. I'd sure like to know the reason why she gained 2 pounds in the hospital and couldn't do that at home. Does she eat? What are you feeding her? Before you start thinking lawsuit, the first thing you need is a thorough medical workup and consultation on your daughter and determine what it is that is delaying her development. Without a correct diagnosis a lawsuit would be dismissed anyway. Right now, focus on your daughter's health and find out what's really wrong. Why are you concerning yourself with litigation? Life may be far too short. It won't change how your daughter is. It may very well consume valuable time/resource that you could be spending with your family. Do you need the financial assistance it would bring in the future? I think you should be considering what your goal is first, then consider whether it is worth persueing. It seems that the only question you need immediately answered is what is the statute of limitation in terms of time for a case like this. I apologise that I can't answer this but maybe somebody else can. Anyone can be sued. The question is what is your real motivation behind this? Would you win the lawsuit? Probably not. Are people heading away from obstetrics because of frivolous lawsuits? Definitely. Four pound babies are not that uncommon. |
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