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Seeking legal advice... what do you think?

Posted by on Jan. 3, 2010 at 5:19 PM
  • 13 Replies

I have O negative blood, and as many of you probably know, when you have a negative blood type you have to have Rho-gam shots (1 during pregnancy and 1 within 72 hours of delivery). Well I had my first one when I was pregnant, right around 27 weeks I think. After I had my son I asked the nurse when I would be getting my second shot and gave her the little card that they gave me to give to the hospital when i received my next shot. The nurse then told me "oh your blood type changed. it's now o positive." I argued with her for about 5 minutes back and forth telling her that I know my blood type because I've had surgeries before. She finally told me "the doctor said you didn't need it, so you're not getting it." I asked to speak to a doctor, and she told me he was busy. After she left I asked the next nurse for the doctor, but she told me the same thing. I finally gave up because I figured they must know what they are talking about. Well after I was discharged from the hospital I told my mom about it. She was furious and told me to call my doctor. So I called my doctor, but he told me that the doctors at the hospital knows what they're talking about and not to worry. He wasn't even paying attention during our phoen call and kept cutting me off.

So when I went in for my 4 week check-up I mentioned it to the nurse. She immediately left the room and went to get the doctor. She then made me repeat everythign I had told her. The doctor didn't remember me calling him and apologized over and over. He then ordered an immediate blood test. As I already knew it would, it came back O negative! He asked who the doctor was that had said I didn't need it and I told him. The doctor was a friend of his and a doctor at my OB-GYN office, and he insisited that the doctor wouldn't have told the nurse to not give me Rho-gam knowing that I needed it. They said I would have to come back next week to have the Rho-gam shot because they were too busy to do it that day.

The doctor then told me that because I hadn't received it within 72 hours my blood had become sensitized because my son had O positive blood. He said this meant that any pregnancies I would have there on out would have a 95% chance of miscarriage. He said that my sensitized blood would kill the baby's red blood cells and it would be almost impossible to stay pregnant. He also said that on the off chance that I did manage to stay pregnant, I would be a very high risk pregnancy and would have to be treated as if I were a 45 year old woman. I would have visits every week, sometimes twice a week and would have to have many tests during my pregnancy that most women don't have. I got my Rho-gam shot exactly 5 weeks after havign my son, and my doctor said that was only so he could cover his butt. He said that it was too late, and that the Rho-gam wouldn't have any affect on me now.

I left his office in tears and came home and told my mom everything. She was furious, and we looked up everything we could find about Rho-gam. We have enough of a case to take it to our attorney and try to sue the hospital/ doctor. I feel like it's worth it, but at the same time I'm scared that they will say it's my fault for not continuing to insist upon speaking to a doctor.

What do you think?

by on Jan. 3, 2010 at 5:19 PM
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Replies (1-10):
Kesstan
by on Jan. 3, 2010 at 5:23 PM

omg ! I'm sorry!
You should def. seek legal advice! the least that will happen is it being taken to the medical board, and they may settle out of court for $ (which I know doesn't replace anything that has happened)

Kesstan
Proud Mommy of:
Joslyn Pearl
Justin Emery
Shiloh Isabella

blondebabygherl
by on Jan. 3, 2010 at 5:26 PM


Quoting Kesstan:

omg ! I'm sorry!
You should def. seek legal advice! the least that will happen is it being taken to the medical board, and they may settle out of court for $ (which I know doesn't replace anything that has happened)


Yea I mean its not like I'm looking for compensation, I just want it to be noticed so that it doesn't happen to someone else. I've been told for years that I couldn't have children because Endometriosis runs in my family big time, so being pregnant was an amazing thing for me and I want to have another baby one day. But my doctor pretty much said that's not gunna happen.

TheMrsH
by on Jan. 3, 2010 at 5:32 PM

I think you should continue on with your case. I am no lawyer but that is just plan stupid and uncalled for. If you continue on I wish you luck with your case. Keep me posted. Good luck.

cjsmom1
by Silver Member on Jan. 3, 2010 at 5:40 PM

I say go on with your case. This is a very serious issue, especially if you do want more kids in the future.

Jaimielee317
by on Jan. 3, 2010 at 5:53 PM

Ok first of all they are dumbasses and I'm sorry for your situation. But here might be some hope for you. My bestfriend is Onegative and her 1st pregnancy didn't need the shots her 2nd pregnancy she miscarried because her blood foughtoff the baby like it was a forgien object, but her 3rd 4 th a 5 th pregnancy she just had to have the shots like everymonth I think, I think anyways and she has 4 boys!! same with my cousin she has to girls and she had to keep getting the shots cause her body would try to abort the bab y. but my point is all hope is not lost you just might need to get more shots during a preganancy then just 1 or 2. so do not give up hope. But yes you should get legal advice for what they did! GL

jeckellette
by on Jan. 3, 2010 at 5:56 PM

visit this website:

http://www.avvo.com

You can get free legal advice there. Just post your question/ story and someone will answer your questions.

Or contact lawyers in your phone book that will do initial consultations for free, and see if you have a foot to stand on. and they should answer your questions as well.

Good luck and I am very sorry this has happened to you.

blondebabygherl
by on Jan. 4, 2010 at 11:50 AM

I looked up legal advice on that website someone left, and basically it said that there is no way they can prove that I will always have miscarriages and I would wind up losing the court case 9 out of 10 times.

swizzlefiz
by on Jan. 4, 2010 at 11:59 AM

Did you look up about the miscarriage rate for not having the shot?  I only ask b/c people did have babies long before that shot was available .... so maybe the miscarriage rate isn't that high? 

I dunno, thats a horrible situation, but you don't have it in writing so you have no proof that you talked to the nurses, ya know?  Maybe if you can get your medical records and the notes nurses took during your hospital stay?  Hopefully they wrote something down.  You can also contact a local lawyer and they will give you a free consult to tell you if you have a case or not.

Richerise
by on Jan. 4, 2010 at 12:00 PM

I am only a student so I cannot give "advice" but I will say that laws vary from state to state and in each jurisdiction and also laws change everyday. Make sure that you have notated every individual that you spoke to about this. When you talked to them and what happened. I say keep on pushing and get a free consultation from a local attorney. Accepting no for an answer has put you in the position you are in now so don't accept no as an answer anymore.  Also try to get all supervisor information and find out which boards certified the doctors you are reffering to and see if they have a procedure to follow in instances like this. Best of luck to you dear.

army_wife_06
by on Jan. 4, 2010 at 12:00 PM

If you don't think you have a case then bring media attention to it. If you don't do something then who knows what those doctors will do to someone else.

Endometriosis is a big problem with infertility but it is not impossible. I had no trouble getting pregnant with my first. My second took 18 months of trying and we ended up using fertility drugs. Those did not work but I did get pregnant when I lost all hope.

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