$31 Million Jury Award After Nurse Fails To Recognize Signs Of Fetal Distress

An expectant mother who has previously delivered via a C-section gives birth to her

new child by natural childbirth has a greater chance that she will experience a ruptured uterus in the course of labor. In these cases the unborn childs necessary oxygen supply, which is normally received by the placenta, can become restricted. When this continues for a prolonged interval of time the unborn baby will experience brain damage and be left with major irreversible disabilities.

Consider a reported lawsuit regarding a pregnant woman who reported to the hospital for a planned natural delivery of her baby. She had a C-section in a previous pregnancy. Yet, the nurse administered a drug frequently used to induce labor. The application of this drug needs to be properly monitored as it end up a major complication especially at greater levels. The nurse failed to convey to the doctor that the woman developed an unusual pattern of contraction. Rather, even though the contractions increased to clearly dangerous levels, she continued to administer the drug.

The baby was deprived of necessary oxygen for an interval of roughly 18-20 minutes from what turned out to be a uterine rupture. The baby was in fetal distress while in this period a condition that can be tracked by a machine which monitors the unborn childs heart rate. He has significant cerebral palsy. He cannot walk or talk. He cannot hold objects in his hands. He is unable to eat without the use of a feeding tube. He can, though, identify members of his family and is alert. But he will need full-time life assistance. The law firm that represented the child and his parents published that at trial the jury delivered an award of $31,000,000 with included $26,000,000 to pay for the cost of the childs future medical care.

As this lawsuit demonstrates nurses and hospital staff have a duty to figure out if complications arise during a pregnancy, need to know and understand the effects and side effects of the medications they dispense, and let the physician in charge know of any symptoms that suggest there is a complication developing. Whether the result of a deficiency of training, inexperience, overwork, or communication breakdowns, a failure in any (or as in this case all) of these areas can lead to devastating injuries to the child. When this happens the family (both on their own behalf and on behalf of the baby) may be able to bring a claim for malpractice. As this matter furthermore illustrates, such claims, because of the type and degree of the injury to the child, can lead to a substantial recovery.

by: Joseph Hernandez

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