3D - 2

I had a very expensive but normal 3D ultrasound ,then my son was born with a deformity, lawsuit?

At 32 weeks I had a a very expensive ultrasound. It lasted over an hour while they measured and marked, and took photos and video. She said that they would check all the pictures and measurements and call if there was an abnormality. They sent a copy of the report to my OB/GYN. I told both the ultrasound tech and my OB doc that it felt as if he were stuck under my ribs on the right side. Because the ultrasound report showed nothing, I was told not to be concerned and that rib pain was common. This was my second child, so I knew better. My son was born with a severe deformity to his right leg and foot. Not only was he missing many bones, but his foot was flat against the side of his shin. We were obviously devastated. He is now six months old and has been casted and braced since birth. We have gotten many professional opinions and they are positive that is was fetal positioning. I know that a fetus can be repositioned during pregnancy, but I never got that chance. Lawsuit?

Public Comments

1. Kids move around in the womb. If there is no obvious evidence of a deformity on the ultra-sound, then you don't have a case.
2. Gather all of your documentation, and sue the crap out of them. At the very least seek legal advice from an actual attorney, rather than on yahoo answers from a bunch of internet lawyers.
3. I worked for an ultrasound company (as an engineer) and you would be surprised how much data has been collected over the years and how well this topic is studied, and how many safety precautions are taken. The deformity sounds like something that probably began early in development, in which case it seems very unlikely that U-sound could be at fault. There have been many animal studies at acoustic energies *way* beyond what they normally use, and it just doesn't cause the kind of thing you're describing. Best of luck in recovering from this tragic episode.
4. You should have asked for it, you knew that you could have it done. Why not sue yourself and your hubby for not being a more careful parent in the first place? You were the one dropping the ball. Or is this a way to use your child to get some 'fast' dollars out of him? You child needs a guardian ad lidium (sp), so they can you as parents for not asking for the procedure to be done.
5. You would have to prove negligence on the behalf of your OB/GYN. You would also have to prove that those deformities were the direct result of her actions, or lack of reasonable and forseeable actions. That would be hard to prove. You would need to hire a lot of experts and an experienced medical malpractice attorney and it could cost you lots of $$$. So it's up to you.
6. Thank god you were able to have a child.
7. yes defentially. Most likly those people lied to you. Not to mention when ever a pregant woman complains of something like that and wants it to be checked out there is no reason they shouldn't belive you and double check anyway. This is a defenant lawsuit, this could've been fixed but nobody took the chance or even bothered to try and help.
8. I don't believe you have grounds for a lawsuit. Ultrasonography is not an exact science and it is almost impossible to see every single part of a fetus's body. The position of a fetus in utero can distort images or make it difficult to see any abnormalities. No type of radiology exam is exact. I'm sorry your son was born with such a problem. What you need to do is focus on the future and your son's future care. EMT
9. No. That's just the game of life, you never know what you are going to get. Just love your child and make the most of your situation. You will be better and stronger for it in the end. Now if the doctor intentionally did something to place your child in that situation, sure, but nature is nature. No one is at fault.
10. You seem so intelligent and knowledgeable , If I were on the jury I would ask my self If you felt the doctors were wrong Why did you not seek out a second opinion. After all you saw the same pictures as they did . Personally I would award you Zip Nada Not a dime. I am 56 my wife and I adopted a beautiful little girl last year with one severely deformed leg. We had it removed because of the intense pain it caused her. She is happy healthy and gets around on one leg better than most folks do with two. You son is not crippled unless you mentally make him one.
11. Sure, you are an American, you can sue anyone, anywhere, any time. Sue everybody and every business that was within a 3 mile radius of your ultra-sound. Some idiot jury will find someone to blame and some deep pockets to collect from.
12. At 32 weeks any bones that were going to form would have already formed so repositioning at that point would not have solved that problem. I can see that the flattening of the shin could have been caused by fetal positioning. But considering the missing bones that could not have been fixed at 32 weeks I think the problem was more than the positioning. No- do not sue.
13. You will not be able to get a definite answer from this board. You need to consult with an attorney who specializes in medical malpractice. From what you have said, you appear to have enough questions and issues to merit talking about this with someone who can give you a definite answer. All I can say is that medical malpractice typically requires proving several things -- first, that what you told the doctor should have caused the doctor to investigate further; second, that the doctor did not do an adequate investigation or misinterpreted the results of the investigation; third, that, if proper investigation had been done, the problem would have been discovered; and fourth, that the problem, if discovered, could have been corrected. What constitutes an adequate investigation depends on the standards of the medical profession.
14. I don't think you have a case. Of course, you can sue if you want, but do not believe you would win. Babies do a lot of moving in the womb. Be happy your son is otherwise healthy. It seems like the problems he has are correctible.
15. At 32 week (8 months) it was too late to correct the kind of problem you described, obviously this started very early (bones don't get missing overnight when birth is just about 4 weeks away). Since finding out about it would have made no such a big difference on the heath of the baby then you cannot claim them to be responsible. Besides, the first thing you will be asked is why did you waited so long to do the tests when it was too late. You say professionals say it was "fetal positioning" but at 32 weeks (that's 8 months) did actually any of those doctors told you that those problems would have been reversed when the baby was 32 weeks old? I don't think any doctor would claim such a thing. At 32 weeks the baby was already formed there is no way you could have done anything to help him at that late stage of pregnancy. At most you can ask to have your money back if you prove the ultrasound clearly show those problems (but ultrasound is not 100% accurate no matter how expensive it could be, and can't show all possible complications). To sue someone you need to prove they caused you or the baby any damage. In your case the damage was already done long before you stept into that ultrasound lab. So I don't see any merit on your claim.
16. Why is it every time there is problems with our lives we always ask the mind bugling question: LAWSUIT? Should I sue the shop, hospital, buildings superintendent..etc In your case, I simply sympathize with your grief and concern, but suing the hospital staff for negligence in your case is something else you should think, if this is deliberate or the machine didn't detect the early sign. Another question: do you have a case? You can sue your OB/Gyn for what miscalculations on your child defects, he/she will definitely defend her/his side of the story telling you that he/she done the best care not only to you but your child as well. The only thing I see here is cooperation between your pedi and the immediate recovery of your child instead of law suit that will eat up not only your time but your care to your child.