While there are statistics available about maternal mortality rates generally (stats that show a troubling *increase* in the United States, contravening a decline in most other wealthy nations), there is little data about the rate of maternal or infant injury during birth. However, when you find your way into web-based and social media communities of women who have suffered birth injuries, you quickly see hard stories of pain, life changes and feelings of anger and hopelessness. Women who suspect that their or their baby's injury is a result of medical negligence share feelings of anger, confusion, and fear. Many voice hesitancy around taking legal action -- "I'm not the type of person who sues." "How do I know if that's even what happened?" "I don't want to be seen as greedy." For women whose injuries are due to medical errors and who face a lifetime of medical expenses, using the legal process can bring closure and a solid future. But where do you even begin?
In order to get an expert perspective, I sat down with Parker Stinar, an attorney with Southfield law firm Sommers Schwartz. Parker has handled hundreds of personal injury cases, with a specialty for birth trauma cases. He brings a genuine perspective to this area as the father to two children and as part of a family of physicians. Our meeting resulted in this list of 6 things you need to know about pursuing a birth injury lawsuit that I encourage you to share with friends who might need it.
- You don't have to be 100% certain of medical negligence to call an attorney. "[At my firm], we carefully evaluate every potential case that comes our way," Parker explains. "We have nurses on staff and medical experts we consult with to help you start to understand what took place in that hospital or doctor's office." The worst outcome is, if you find out that you don't "have a case," you at least know that and can move on.
- It can totally be scary to pick up the phone, but it's worth making the call. Have someone holding your hand, or write out a script to cut down on the anxiety. Many attorneys take a personal interest in their clients, so you don't have to worry that you're talking to a call center or a dismissive executive-type of person. "I like to make direct contact with clients. Sometimes it's over email, but I prefer to have a phone call. Women should feel like they have someone who is really listening to them and understanding what they are going through. I work directly with my clients, and won't turn you into just a number on a file. I've been to my clients' family barbecues and children's birthday parties. I know them and can help them feel like they have someone on their side."
You're not alone. While it's difficult to quantify the number of times medical malpractice goes unaddressed (since there's nowhere for people to report that they could have filed a lawsuit but didn't), Parker suspects that there are thousands of instances a year that nobody really talks about openly. However, if you look, there are hundreds of support communities on Facebook and other sites, where women share their traumatic experiences with one another and seek insights, information and support. In those same communities you will find many posts about feeling afraid to pursue legal action, stemming from the stigmas described above.
You have the right to advocate for yourself. "Don't be afraid to seek a second medical opinion," Parker reminds. "If your doctors or nurses aren't explaining what took place, or you feel like something in their explanation is off, ask to meet with hospital administration. You are just one patient among so many in a hospital, and there is nothing wrong with insisting that you get all the information you can."
You don't need to ask for medical records right away. Parker explains, "If you or your baby has sustained an injury, the first and foremost thing you need to do is focus on recovery and care. With all major providers using electronic medical record systems, you don't need to worry about anyone hiding or tampering with your information. Even if an unscrupulous doctor or nurse were to falsify or delete a record, our firm has forensic experts who can easily discover what took place."
Bringing a lawsuit doesn't mean you are "greedy." Parker puts it this way: "If your baby is born with a condition that will have life-long medical costs -- therapy, modifications to your home, ongoing medical care, there is going to be a point where insurance -- even great insurance -- just won't cover all those expenses. If you have to have one parent pull back on work in order to care for the child, you may lose insurance coverage altogether and will certainly see a reduction in household income. I have never seen a mother come in and want to bring a case for 'the money.' They come in and want to make sure that their family will be taken care of, that the mom's injury won't make the family suffer or that the baby can be taken care of into adulthood." And in our current system, you are a little bit "the little guy" in a world of big businesses. Why not bring on an advocate for you? Parker also points out that this area of the legal system benefits more than just the person bringing the lawsuit. Just like many safety measures in public places or with products wouldn't be in place but for individuals who brought suit after injuries, seeking compensation for your injury can help a hospital understand where they need to make improvements in delivery of care.
