Can Pursuing A Medical Malpractice Claim For The Stillbirth Of A Baby Bring Closure To The Parents?

Statistically, 1 in every 150 births is a stillbirth

. This is a devastating occurrence for any family. Many times, the death of the baby is unavoidable. Medicine is not perfect and there are many things that can go wrong during a pregnancy. In some cases, however, there are warning signs. In those cases the recognition of the warning signs followed by immediate and appropriate action by a physician or nurse can prevent harm to the baby. The failure of a physician or nurse to recognize those warning signs or to take action to protect the baby's health of the baby could result in a medical malpractice claim.

Consider, for example, the following three cases involving different types of birth injuries:

The first involved an obstetrician who, after being notified that his patient, an expectant mother, was being transported to a hospital to check on her baby with a fetal heart rate monitor after the woman had fallen, agreed to go to the hospital to check on the woman. Instead of going to the hospital, however, the obstetrician went home. At the hospital, a nurse noted that the fetal heart rate monitor was registering signs of fetal distress. Having been told that the obstetrician had agreed to come to the hospital the nurse, instead of informing one of the obstetricians from the hospital, decided to wait for the obstetrician.

The fetal distress worsened as the nurse waited for 2 hours. Finally, after the monitor showed a precipitous drop in the fetal heart rate, the nurse informed a hospital obstetrician who immediately performed an emergency C-section. During the procedure it became apparent that the mother had experienced a placental abruption and the baby's oxygen supply had been severely restricted. The baby was not breathing and all attempts at resuscitation failed. The law firm representing the parents was able to report that the resulting lawsuit settled for $750,000.

The second involved a pregnant woman with a history of hypertension. She put herself in the care of an obstetrician who took her off her hypertension medication. When the hypertension could not be controlled the obstetrician (in consultation with her primary care physician) placed her on one-half her pre-pregnancy dosage. As the pregnancy progressed, the woman began having headaches, nausea, vomiting and blurred vision. Her physician determined that she had moderate preeclampsia and raises the dosage of the blood pressure medication.

Her symptoms became more frequent and the obstetrician documented that the woman began leaking amniotic fluid, detected from the amount of protein in her urine. An ultrasound indicated that the unborn baby's nutrient levels were depleted to the point of risking harm to the baby's central nervous system. The physician told her about the leaking but not about the nutrient levels and assured her there is nothing to worry about.

The physician never performed any testing to determine how the baby was developing. At near full-term, she went to the physician for a prenatal visit and informed the physician that the baby has reduced movement. The woman's mother, who accompanied her for this prenatal care visit, asked the doctor to induce her but the doctor scheduled her for an induced labor the following week. By the time she reported to the doctor the following week as scheduled, the baby had died. The law firm that handled this matter reported that they were able to settle the resulting lawsuit on their behalf for $650,000.

Both of these cases settled. It is common for settlements to be reached without the admission of malpractice on the part of the defendants. Nonetheless, given the facts in these cases it is clear why such a substantial settlement was reached in each. A monetary recovery can never make up for the loss families suffer under such circumstances but perhaps it can help them achieve a certain amount of closure.

by: Joseph Hernandez

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