Advice Urgently Needed - Newborn wrongly diagnosed

[slim21]

I have posted this forum to seek advice for my cousin. My cousin's wife delivered their newborn baby girl at a Private Hospital couple of months ago through c-section. A few days after birth, the surgeon confirmed that the baby was diagnosed with Hirschsprung's disease. Babies with this birth defects are born without special intestinal nerves cells called ganglion cells.

The surgeon opened up a hole (size of 5cts coin) in the stomach and connect the small intestine to this hole for her to pass motion. After a year, the small intestine will be moved to the anus and the large intestine will be removed completely.

After the surgery, due to the high costs at the ICU, my cousin and his wife decided to transfer the baby to NUH. The Senior Surgeon at NUH conducted a second round of test on the large intestine. To our surprise, he has confirmed that the large intestine does have the ganglion cells and this baby girl is a normal child. He then performed the second operation to put everything back together.

This entire nightmare caused the poor baby to suffer where I have no words to describe her suffering. Two ops within a month, needles poking to her neck, hands and legs. Family members watching round the clock at her hospital bedside. Financially burdened by the large hospital bills of almost $50K.

The surgeon from this Private Hospital called them for interview when he found out the problem recently (only 4 days ago). He pushed all responsibilities to the pathologist that the report given to him was wrong and misled him to the operation. After the interview, the CEO's secretary from this Private Hospital called my cousin telling them that they are looking into the case and will revert in 3 to 4 weeks time.

Before they revert, I like to take this opportunity to seek advice from the public. What should my cousin do in this kind of situation? They do not have much money to engage a so called "Medical Lawyer" which will be a very costly and lengthy process. What kind of compensation (if any) will they demand from Private Hospital? This is not only the money that they spent on the hospital bills. It involves emotional stress, physical suffering and permanent scars (2 long lines of about 8cm each and a stitched up hole) in the stomach. Also left behind an unknown future side effects. Insurance companies may impose loading on her too.

Although my cousin and wife were happy to see that they are now having a healthy child, we have advised them to pursue the matter further. This may also happen to any one else and we should stop this kind of neligence in the hospital.

 

[lawla12]

cannot use CPF to pay ?????

but 50k is alot too......

i'm really not very sure how to help u.....

does going to MP helps ?????

u know those meet the pple session by the MP ???? they can offer u some help...but they'r only available on certain timing.....u can check the website for the communiunity centre near ur area....they will state the timing to see the MP......

 

[stonston]

Private hospital can only claim a certain limit from medisave. The rest gotta pay by cash. tt's y alot of majoy surgery usually ppl will go to govt hospital instead.

I'm just wondering, if it's really so serious, how come they din transfer to govt hospital in the first place? Cos afterall the costs will be very much cheaper at a govt hospital.

But since it has already happened, your cousin should consult a lawyer (consultation is about $100) to get proper advice on what are their options considering the fact that they may not be able to pay the legal fees for a court case. But once they are able to get a lawyer to issue letters to the hospital, the hospital will definitely take it more seriously. Usually for such cases the lawyer's fees will be a certain percentage of the amount of compensation they can fight for you plus some basic charges for their time.

They need a proper lawyer to help them calculate the amount of compensation they should recieve for:
- Hospital bill itself
- Emotional stress
- Loss of income due to having to take leave to look after child (& any future loss like got lesser bonus cos keep taking leave or missed out promotion)
- Misc expenses related to baby staying in hospital (transport costs, etc etc)

& if the hospital offers a compensation they are willing to accept, pls make sure tt they still keep their right to pursue the matter after they accept the compensation (make sure they dun force them to sign discharge of liabilities).

Anyway, they should consult a proper lawyer so that they can advise them accordingly. Some lawyers who are confident of the case may even allow them to only pay the legal fees after they obtain the compensation.

 

[stonston]

BTW, if negotiations with with private hospital fails, ask ur cousin to go to the press.
oh ya, and ask them to DEMAND a faster reply. give them a limit of ONE WEEK only. cos they hv already suffered so long, i dun see y they should have to wait 3-4 weeks just to get a reply!

 

[Ting]

BTW, if negotiations with with private hospital fails, ask your cousin to go to the press.
oh ya, and ask them to DEMAND a faster reply. give them a limit of ONE WEEK only. cos they have already suffered so long, i dont see why they should have to wait 3-4 weeks just to get a reply!

i agree!
they will just keep dragging n dragging!
n this hosp is so horrible, how can diagnose such a serious thing wrongly!
they shld double check it since she's such a young child!

 

[slim21]

Thanks so much for all your responses. I would encourage more people to contribute to this thread. After this incident, it really made us think twice when selecting hospitals. Does it mean you pay more money at the Private Hospital you will get more errors instead?

Yes, there is a cap for medisave deduction at the Private Hospitals. I think they have deducted whatever they can from the $50K from their medisave.

When the baby wasn't able to pass motion, the surgeon told my cousin and wife that it was due to blockage between large and small intestines. It will only be a very simple operation to remove the blockage. Only during the operation, the surgeon came back and told them that it was due to this Hirschsprung's disease. They asked my cousin to sign the authorisation paper and conducted the operation immediately. At that moment, there isn't really a chance for the couple to consider transferring to a govt hospital or seeking for second opinion.

Going to the press will be the last resort as the couple would prefer peaceful settlement. We are only average people and it is difficult to go against these prestige hospitals. They have all the money and good lawyers to fight for them. The couple already had enough nightmare and they are just hoping to be compensated adequately. If serving them with a legal letter to expedite their respond helps, I think this may be a good suggestion.

In your opinion, what should be the adequate amount of compensation? This was the question that my cousin has asked me.

 

[mrsmorgan]

BTW, if negotiations with with private hospital fails, ask your cousin to go to the press.
oh ya, and ask them to DEMAND a faster reply. give them a limit of ONE WEEK only. cos they have already suffered so long, i dont see why they should have to wait 3-4 weeks just to get a reply!

totally agree! go to e press!! i believe u'll get a quick reply that way.. it works most of e time! =)

 

[stonston]

Slim21, as mentioned, there are many factors they need to consider to work out the compensation amount.

A lawyer should be able to help them work out the 'legally accepted' amount. Meaning usually how much is compensated for certain things like emotional stress, etc.

 

[apollo]

even can claim all from cpf, i personally feel that the money shdn't be paid! in fact, the hospital shd pay ur cousin instead for letting their baby to suffer so much!!

 

[uddermummy]

wah, your cousin should go to the press definitely! or write in to the medical association?

the press is a great tool for ordinary people like us! If you keep it hushed up, you are actually falling into the hospital's trap.

why should they pay for the costs when it was a mistake on the doc's part???

you may be able to seek for free legal advice but you'll have to check with the law society.

 

[Angelmum]

wah, your cousin should go to the press definitely! or write in to the medical association?

the press is a great tool for ordinary people like us! If you keep it hushed up, you are actually falling into the hospital's trap.

why should they pay for the costs when it was a mistake on the doc's part???

got solid proof, go media so these people cant get away so easily .... especially the medical cost to bear is so high!
Can try Singapore Medical Council - Home but u know 官官相护 so maybe no discipline action taken.

 

[Angelmum]

The surgeon from this Private Hospital called them for interview when he found out the problem recently (only 4 days ago). He pushed all responsibilities to the pathologist that the report given to him was wrong and misled him to the operation. .... They do not have much money to engage a so called "Medical Lawyer" which will be a very costly and lengthy process. What kind of compensation (if any) will they demand from Private Hospital? This is not only the money that they spent on the hospital bills. It involves emotional stress, physical suffering and permanent scars (2 long lines of about 8cm each and a stitched up hole) in the stomach. Also left behind an unknown future side effects. Insurance companies may impose loading on her too.

ring 前线追踪 or news hotline 68222268 (forgot, better counter check) after every news broadcasted. This is a less costly method and the targets u reach is more + create awareness.

 

[CDL]

While it is true that going to the press will give you more coverage, you also want to be careful with the kind and amount of information that you provide them - you must be able to justify and substantiate what you say (proof by way of medical reports, medical records of the baby kept at the hospital). It is hard to draw the line in deciding what to reveal and what to keep back. For negotiation purposes with the hospital, it is also important to keep some information back and reveal it later as a strategy to inducing them to make a higher offer.

I would suggest that the parents consult with a lawyer immediately. Approach the big firms - Allen & Gledhill, Wong Partnership, Khatterwong, Lee & Lee. They will write in to the hospital for copies of the babies medical reports. They can even arrange to inspect the original records if necessary. They will also arrange for the baby to be examined by another doctor/specialist of their choosing.

Once they are certain that they have all the necessary information, they will be able to determine how much can be claimed (there will be different components to the claim as Stonston has indicated). They will then draft a formal letter to the hospital citing the nature of your claim and the amount that the parents are seeking.

While I agree that this process will take time, it is preferred as the parents will be better informed and better able to receive a fair and reasonable compensation. Advise the parents that being patient will reap them with better benefits in the long term.

 

[jopeck]

agree.. getting the press involved may not work to your advantage all the time. And if you do get them involved you have to be rather careful about what you tell/say to them. Had experience with that once.

I'd say spend the money and talk to a lawyer to get sound legal advice. Make sure to bring all your documentation along when you do so.

 

[slim21]

Yes, going to the press will require all information to be published including which hospital, surgeon's and the pathologist's details. My cousin may need to be very careful on all these information. It may have adverse effects on them.

As I am currently in overseas, I will email them to ask if the hospital has come back with any compensation. Unfortunately now the private hospital has witheld the medical report of the child. The only report that they are holding was from NUH saying that the baby girl is normal. I guess if they were to sue the hospital, the best person to witness the wrong doings will be the senior surgeon from NUH.

This thread is also a warning for all the moms-to-be. After operating on the baby, the surgeon has told my cousin and wife that there is a 10% possibility that their second child will get the same disease. Please tell me how would you feel if you get this kind of news from your doctor?

The lesson is : Never listen to just one doctor. Always go for the second opinion.But I understand it is not easy at times when decision has to be made immediately.

 

[Angelmum]

Yes, going to the press will require all information to be published including which hospital, surgeon's and the pathologist's details. My cousin may need to be very careful on all these information. It may have adverse effects on them.

.... I guess if they were to sue the hospital, the best person to witness the wrong doings will be the senior surgeon from NUH.

How come NUH didnt check the baby before op?
Think NUH cant run away fm responsibility so this senior surgeon may not want to stand as witness if he values his rice bowl.

I had bad encounter with Kandang Kerbau Hospital. Suspect they did something to cover up my past medical visits thus when SMC stepped, everything was to their favour. I dont have any lab tests nor the visit logs which the doc wrote on every visits. 1 big lesson learnt is, next time do any lab test, request to keep a copy. If decide to take actions/make enquiry, all these lab tests which you previously paid are chargable.

Just 1pc A4 size, medical report made me part with $80. If I had asked for a copy of all the lab tests dear daughter did earlier, I would be paying zero.... certainly not more than $80.

My case was discharged cos SMC found 'KKH had acted accordingly to the medical rules & regulation'. Just a simply excuse of 'no family history' kicked me off.

 

[MsKoh1973]

Think the wrong opn is done at the private hospital.

Tat why sometimes I dun really thrust pte hospital, heard a fren's fren, bb overdue, the doc say dun need to induce, in the end, the bb grew so big and crashed the prelvic bones, nearly paralysed. In the end, doc fr pte hospital also walk away as nothing happen.

 

[CDL]

"Unfortunately now the private hospital has witheld the medical report of the child."

No doctor or hospital can withhold your medical report - it belongs to you. At the most, you will have to pay a fee to get a copy. As I indicated earlier, get the parents to meet with a lawyer quickly - they will get things moving and the doctor/hospital will know that the parents are serious about seeing this matter through. The longer the delay, the harder it may be for a new specialist to assess what may have happened and determine who had made the mistake.