$31 Million Jury Verdict For Nurse Overlooking Symptoms Of Fetal Distress

The medical name for a vaginal delivery subsequent to a prior C-section is VBAC

. VBAC women are known have a greater chance of a ruptured uterus during labor. In these cases the unborn child's much needed oxygen supply, which is generally obtained via the placenta, can be cut off. In the event that this happens for an extended interval of time the unborn child can suffer brain damage and be left with significant lifelong disabilities.

Examine a published claim regarding an expectant mother who reported to the hospital for a scheduled natural delivery of her child. She had a C-section in an earlier pregnancy. Yet, the nurse administered a drug generally employed to induce labor. The application of this medication , however, needs to be diligently followed because it end up a serious complication notably at greater dosages. The nurse did not notify the attending physician that the expectant mother started having an unusual pattern of contraction. Instead, as the contractions increased to clearly dangerous levels, the nurse continued to administer the drug.

The woman sustained a uterine rupture. The unborn baby was in fetal distress. The baby was deprived of oxygen for 18-20 minutes as a consequence of which he suffered a brain injury. The diagnosis: cerebral palsy. Consequently, the child will never be able to talk or to walk. He will never be able to hold anything in his hands. He will never be able to eat on his own. He will always require the use of a feeding tube. He will always need full-time life assistance. He does, though, recognize his family and he is aware. The law firm that represented the child and his parents was able to report that at trial the jury delivered an award of $31,000,000 with included $26,000,000 to pay for the cost of the child's future medical care.

As this lawsuit illustrates nurses and hospital staff have a duty to realize when problems occur in a pregnancy. They also need to know and understand the consequences and danger signs of the medications they dispense, and let the physician in charge know of any symptoms that indicate there is a difficulty happening. Whether caused by a lack of training, inexperience, overwork, or communication breakdowns, a failure in any (or as in this case all) of these areas can result in devastating injuries to the baby. If this takes place the family may be able to bring a claim for malpractice. As this lawsuit furthermore illustrates - such cases, because of the nature and degree of the injury to the child, can lead to a considerable recovery.

by: Joseph Hernandez

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