Doctor Settles Case For $1.0 Million For Overlooking Signs Of Fetal Distress

Severe difficulties can happen after a pregnant woman starts labor and prior to her giving birth to her child

. Doctors are responsible for monitoring her progress. In addition, they are expected to be able to notice signs that a problem has come up that may jeopardize the wellbeing of the unborn baby. They are also responsible for taking proper, timely action. If they do not do so, as when a physician refuses to budge from hir or her opinion that the woman's labor is proceeding normally and that the unborn child is in no risk even if the available information clearly indicates a different story, the consequence can be a baby with a lifelong disability a disability that was preventable.

In one matter a pregnant woman took herself to the hospital in active labor. During the period of nine hours following her admission the nurse monitoring her condition noted that the output of the heart rate monitor showed a normal pregnancy. The unborn babys heart rate then started to climb. The fetal heart rate in fact got up to the 170-180 bpm (beats per minute) range and still the doctor continued to take the position that this was normal and that there was not any need for emergency action. Ultimately, the physician went ahead with a vaginal delivery.

Once the baby was born he was taken to NICU. While there he was in sustained initial depression and went into respiratory distress. Testing revealed that he had bleeding in the brain and that there was an accumulation of blood under the scalp. Within days an MRI established that the baby had brain damage. This type of brain damage is consistent with oxygen deprivation prior to birth which would explain the extreme fetal distress that had been revealed by the fetal heart rate monitor.

A few days later he began having seizures. As the child grew it became apparent that he had major limitations with speech, and he had problems with motor control. The law firm that represented the family published that they settled it on behalf of the child and his family in the amount of $1.0 million.

The above is an example of the way in which a doctor can become thoroughly blinded to indicating the presence of a major problem during labor. The obstetrician held onto the opinion that the unborn childs heart rate readout was normal even when the situation deteriorated and the tracing clearly demonstrated that the child was in severe distress. Hence no action was taken in reaction to the worsening situation. Instead, the obstetrician continued with the vaginal delivery as planned.

The doctor actually acted in keeping with the conviction that nothing was wrong with the pregnancy. Lawyers who handle medical malpractice matters see this phenomenon all too often. Regrettably, while one might think that a doctor who makes such a mistake will learn from it, sometimes they instead fight any suggestion that they did something wrong. Whether or not they admit their mistake, the guidelines clearly specify the action that should be done when an unborn baby is in significant fetal distress. Lawyers experienced in handling birth injury cases can help protect the childs future by working toward a suitable recovery.

by: Joseph Hernandez

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