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    ashamanjunath's Avatar
    ashamanjunath Posts: 1, Reputation: 1
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    #1

    Jun 15, 2012, 05:57 AM
    Newborn baby death
    Dear Sir/Madam

    My baby was died after the delivery mean within 18 hours and there was no proper explainiation to me on this

    Pregnecy was very normal and as per the doctor the its very low risk pregnecy. After the baby born bay cried immdiatly and there is no blue baby systems.
    After sometime there was a murmur sound hence the baby was kept in the observation and they told after 18 hours baby is passed away due to the heart problem.

    I don't understand why the baby sudden died? Are diagonised wrongly or where is the issue.

    This is not a relative marriage, no heart problem in the family history.

    Please advise how proceed now legaly on the hospital
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Jun 15, 2012, 06:01 AM
    Quote Originally Posted by ashamanjunath View Post
    Dear Sir/Madam

    My baby was died after the delivery mean within 18 hours and there was no proper explainiation to me on this

    Pregnecy was very normal and as per the doctor the its very low risk pregnecy. After the baby born bay cried immdiatly and there is no blue baby systems.
    After sometime there was a murmur sound hence the baby was kept in the observation and they told after 18 hours baby is passed away due to the heart problem.

    I don't understand why the baby sudden died? are diagonised wrongly or where is the issue.

    This is not a relative mariage, no heart problem in the family history.

    Please advise how proceed now legaly on the hospital
    How do you know there wasn't a congenital heart problem? If you are going to sue the hospital you are going to have to prove they did something wrong. You will have to prove they did... they don't have to prove they didn't. I don't see where you have any indications anything was different than what they told you.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Jun 15, 2012, 06:04 AM
    Quote Originally Posted by ashamanjunath View Post
    Please advise how proceed now legaly on the hospital
    Hello a:

    Visit a medical malpractice attorney. They won't charge for an initial evaluation.

    excon
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #4

    Jun 15, 2012, 06:06 AM
    Without being able to review the medical chart of both the mother and the baby as well as knowing the complete history of the mother, the prenatal care, as well as what happened during the labor, delivery and recovery period, I cannot advise you either way.

    You say that there was a "murmur sound," so that indicates a cardiac abnormality.

    How far along was the mother in her gestation? How long was the labor? Did she get proper prenatal care? Did she take proper prenatal vitamins?

    It's a sad fact that many babies that appear otherwise healthy inutero pass suddenly after birth. You can contact a medical malpractice attorney in your area to review the records to determine if, in fact, malpractice was indeed committed.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #5

    Jun 15, 2012, 06:08 AM
    Quote Originally Posted by smoothy View Post
    You will have to prove they did....they don't have to prove they didn't.
    Actually this is incorrect. We DO indeed have to prove that we provided the standard of care to every patient.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #6

    Jun 15, 2012, 06:25 AM
    Smoothy, when a complaint of medical malpractice has been issued, it is our responsibility to prove that we cared for the patient in the highest standards possible. It's called the Standard of Care. In medical malpractice it is not "guilty until proven innocent." That is only in the case of criminal acts, not malpractice acts.

    It is much harder to prove that we, as practitioners, did nothing wrong than it is for the patient to prove that we did do something wrong. There will be panels of expert witnesses from both sides who will try to prove the case either way.

    Sorry for being long winded, but as you know, this is my specialty and I am also (not personally but professionally) involved in a lawsuit that is similar. (Thank heavens I only admitted the patient and had nothing to do with the outcome).

    With that said, I see the username of the OP and have to wonder if this is a country such as India who has a much lower standard of care than we do here in the U.S.
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #7

    Jun 15, 2012, 06:43 AM
    I think they are in India... if you have visibility to their IP tag on the post you can determine if that's the case unless they come back and let us know.\

    And I guess that's a huge reason why Medical Malpractice insurance is so high.

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