Do Nothing While Baby In Fetal Distress And Nurse Responsible Might Risk A Medical Malpractice Claim

Do Nothing While Baby In Fetal Distress And Nurse Responsible Might Risk A Medical Malpractice Claim

When a woman is admitted to the hospital for the birth of her baby a large portion of her care is often largely in the hands of residents and nurses. The expectation is that the nurses and residents who are tasked with performing this essential role should the knowledge and experience to identify the signs of a complication during the labor process and either take action right away to rectify the situation or notify a doctor with the ability to deal with the situation. In fact, this model does not always work.

Take a look at the following documented case.

The allegation this in the matter were that a woman who was in her forty-first week of pregnancy went to the hospital after commencing spontaneous labor. Once at the hospital a fetal heart rate monitor was attached. At ten hours and thirty minutes after her admission the output of the fetal heart rate monitor started indicating that the baby was experiencing fetal distress.

In roughly 1 hour and forty minutes subsequent to the change in pattern the mother's membranes ruptured. Meconium was seen in the amniotic fluid. This was the second indication that the unborn child was in fetal distress.

After an additional 15 minutes the woman's cervix became only slightly more dilated. Another 30 minutes and at this point the unborn child's heart rate showed a marked change in pattern. Still there was no attempt made to use additional equipment for a more precise determination the baby's heart rate. The staff also did not test the child's scalp pH in order to gauge the baby's condition. And the staff, comprised of 2 nurse midwives, a staff nurse, and a resident, failed to inform the obstetrician in charge. It took more than 2 more hours for the woman's cervix to be finally fully dilated. At that point she was instructed to commence pushing.

The baby was delivered almost one and a half hours after that point and throughout that length of time the fetal heart rate monitor signal would periodically be lost leading to the virtual impossibility of properly determining the baby's condition. Again, though, no steps were taken by the staff to confirm the baby's status. The obstetrician was not called in until only just before the baby was delivered. At birth the baby's Apgar scores, a gauge of the baby's well-being, were minimal. Testing of the pH of the baby's umbilical cord found a high level of acidity. At this point a consultation was requested from the attending emergency room pediatrician who was able to examine the newborn roughly seven minutes after his birth. The baby lacked any reflexes and began having seizures a brief time later.

Testing later revealed that he had suffered a hypoxic brain injury a consequence of the lack of sufficient oxygen before being delivered. In his brief life, he was deaf and was blind. He also required assistance for practically every aspect of living. The law firm that assisted the parents filed claims on their behalf against the two nurse midwives, the staff nurse, and the resident for not recognizing or dealing with the fetal distress thereby letting the baby go for a lengthy period with a lack of necessary oxygen resulting in the baby's injuries and eventual death. The law firm described the resolution of the case as consisting of a settlement on behalf of the parents for the sum of $2.0 million.

It is clear that nurses and residents do not have the same level of expertise as senior doctors. This might result in the failure to understand the urgency of a developing pregnancy complication which can lead to significant injuries to the baby.

When this happens a birth injury lawyer may be able to help the parents in deciding if they should pursue a medical malpractice claim on behalf their child and possibly on their own behalf as well. Given that there are limits to the amount of time within which such a claim must be filed, a birth injury attorney ought to be consulted right away.

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