Rowan, in the waiting room, just before he is killed

Rowan, in the waiting room, just before he is killed

I knew nothing about this issue until Rowan was killed during a “routine” outpatient diagnostic procedure, after doctors openly ignored our repeated pleas for his safety.

In our case, my husband and I had the time, talent, and access to pro-bono medical researchers to present our case on the internet: a luxury that most bereaved parents don’t have..

Even then, after ten months of presenting a solid case of gross negligence, we are still struggling to have the hospital admit fault.  We have presented the expert opinions of both doctors and medical researchers, a 5,000 signature petition, and have worked tirelessly on seeking justice at a time when we are suffering in immense grief for our son, raising a small daughter, and trying to fulfill all of life’s other requirements.  To this date, we have not been successful at obtaining an investigation by the Medical Board of California, the organization who ultimately has the power to hold our doctors’ accountable.  (Though the Dept of Health has recently opened an investigation, their powers are very limited)

I am against making our society more litigious, but parents have no where else to turn. These cases are ignored by those who oversee hospitals and are immune from our criminal justice system. Parents need to go somewhere for help and justice, not be left to fight institutions on their own, and sadly, the civil legal system is usually the only resource available to them.

Now that I am more informed, I realize that the current cap in California does not even cover the cost to the lawyers to try a case, and because of this, cases for children are often simply not tried.  I truly wish there was another alternative to find justice, but there doesn’t seem to be.

I don’t care how voters decide on this issue tomorrow, but I do hope that people take the time to become educated.  The issue is much more complicated than this simple proposition.  My hope is that some kind of change is made to allow families to seek justice for their children.

No one in our society should be able to act without accountability.  Especially those who are responsible for our children’s lives.

http://ballotpedia.org/California_Proposition_46,_Medical_Malpractice_Lawsuits_Cap_and_Drug_Testing_of_Doctors_(2014)

My daughter asks, “Mommy, did the doctors say they are sorry?” How does a parent then say, “No, because they don’t have to.”