Please advice if i have a case for newborn DX of HIE due to possbile negligence in a Clinic in Japan

5 comments

1. I’m so sorry to hear this. I have no advice, but I hope your son recovers fully and brings you and your wife much joy and happiness.

2. I am sorry that happened. If the procedures taken were negligent in those situations, you may have a case. The first steps are to check if it is standard procedure in similar conditions to do emergency CS and at which point that should be called. Then if it is standard procedure to monitor the mother in similar situations (edit: in Japan).

   If the condition was an unexpected abnormality, you will hardly have a case. If it was considered likely to deteriorate or the standard procedure is to be ready for an emergency CS in those cases, you may have a case.

   Keep in mind that resources at hospitals are limited, specially highly qualified workforce. It is standard to only prepare for some procedures if the likeliness of it happening or the consequence of it are deemed valuable enough to redirect other resources. I don’t mean that as justification for what happened, it is always an error of judgement when the unlikely happens, no way around that. But the law will account for how reasonable that error of judgement was.

   Maybe asking other doctors could be a start before spending money with a specialized lawyer.

3. I am very sorry to hear this. While I can’t advise on a specific lawyer, I can say that in Japan mid to large sized law firms list their staff and their specialty clearly on their websites. Would suggest you look for a list of law firms by size then go to the sites and look at either Litigation practice or Medical Negligence if they have a practice area.

4. I am so sorry for what is happening to you and your familiy right now. Please know I just created this account because I recently had a baby that had complications after birth and wanted to share some things for others that could be in a similar situation in case this page gets archived. I apologyze before hand if I can not fully answer your request.
   Excuse my grammar, I’m a non-native speaker. Yes mods, I am a TK resident.

   I would like to first introduce some context to my comment, I apologyze for the lenght of my reply.

   In our family’s case:

   -Wife delivered at a hosptial , not clinic.-No Japanese “proficiency”. Maybe N5ish and deepL.
   -All crazy covid rulings and “standards” were implemented at the time of birth, [she gave birth exactly one year ago just barely before borders opened].
   -Rules meant, I was not allowed in the delivery room and EVEN after a healthy pregnancy she was requested to go for C-section if covid test were to be positive few days prior to due date/delivery. As specified , a covid test was requested , and she got “positive”. [My western distrust kicked-in]…That same day we went and took a second test at a government facility that … showed “negative”. “shocked/s”
   -After being born my baby had to be put in a coma state, to reduce his brain activity due to complications[unrelated] and spend 10 days in a vegetative state.
   So I am coming to you as a dad who knows the pain and wanted to feel joy but had to deal with a thousand paper works.

   Mind you, before my wifes delivery, I watched a lot of “delivery” videos. I was surprised on how common it is for japenese women to record the medical staff at the delivery room. It seems that it is fairly common for moms to record the delivery, and not for “fun”. They wanted to gather video information in case negligence happens. At one time, I even came across a video of a malpractice from a nurse.
   As stated before, my wife and I barely speak any Japanese so, starting from the premise that this procedures are usually very structured, I wanted to know/memorize what common phrases to use with the hospital staff at delivery and how to ask for pushing, confort, when something was wrong, or how to call for their attention. (In such a way that we were 100% they would understand).
   Basically, I gave my wife 5 sentences I would hear constantly in every delivery video regardless of the hospital. So even when she would scream they would not downplay her pain , as she was “screaming in Japanese”. If the /r knows what I mean.
   My wife is such a warrior. She did amazing, and I am sure yours did too. Let her know.

   My two cents:
   Once again, I am so sorry.This should be a moment to rejoys. I understand your pain, frustration and anger.
   >For the sake of your wife, do not make of this a crusade to empeach the clinic and forget about conforting your wife. This situation was not only hard on her body, but she could also start blaming herself for something totally outside of her control. Check on her constantly and reasure her it is not her fault.
   >Try to remember if the delivery was video recorded. Hopefully by you or by the hospital staff. Any cameras on sight? This information could be very important for your case. I specifically told my wife to record the delivery, (even when the staff had a camera of their own) at the very least to put the phone in an angle in which it was clear how things were being carried out and conversations between the nurses could be clearly recorded.
   >If you feel your baby’s needs are not currently being met are your healthcare facility, ask to be transfer to a better hospital. Talk to your medical provider, doctor, the one who took care of your wife most of her pregnancy and honestly ask if they believe your son will be better taken care of at a bigger hospital. My baby was transfered to one of the best [redacted for privacy]. He was given the latest of everything, because it was available at the hospital. Something that will not have happened if we would have stayed at out local city hospital.
   >Go to your city hall and explain the emergency to get your baby registered so he can be covered with all the health inssurance documentation so the hospital won’t shy on expensive care. It came handy eveytime my baby needed special care later on because they would inmediatly start asking for his kenkô hoken instead of posponing forms that latter will come back to take your time.
   >At the City Hall, slso ask for resources on [医療過失]. You are not the first one complaining about Medical Negligence. If Japanese is not an option, go with an interpreter or a native friend. DifferentWindow already pointed you to specific names. This type of issue is confusing for native speakers. Most of the legal fees are very expensive and a good lawyer that specializes on this topic can assist you with a 1h consult, usually 10,000 yen.
   Edit:>I will assume you are American. Your local US. Embassy or Consulate could provide you with a list of attourneys that work with the embassy in Japan. I believe you can google “LEGAL ASSISTANCE US. Embassy in Japan”, or try to call/go in person.

   TL:DR?>Take this time to be a pillar for your family. You can not be in two places at the same time. Your son needs you. Your wife needs you. They don’t need a batman that will deliver them justice at the cost of not being “there” for them. One day a time. I was there. You can do this.

   Baby is now 1 year old. The joy of my day and second to my wife as love of my life. Do not dispair. God Bless your family.

5. I’m sorry to hear about it. I would not wish for this to happen on my worst enemy’s child. I hope the damage is not significant to the point of having disabilities.

   Do you mean no sensors were attached to her to check for heartbeat and stuff? If so, that’s negligence, consult a medical malpractice lawyer. A quick google search shall show you English-friendly lawyers specializing in those cases. If money is a problem, please search for Houterasu.