Jury Finds In Favor Of Family Whose Baby Suffers From Brain Damage Due To Medical Malpractice

When an expectant mother who has earlier given birth via a C-section gives birth

to her new baby by natural childbirth there is an increased chance that she will experience a ruptured uterus in the course of labor. An unborn child obtains oxygen through the placenta. A ruptured uterus may thus bring about a severe diminishment in the amount of oxygen that gets to the unborn baby. Based on the extent and the length of time concerned the newborn can sustain a brain injury which manifests with serious cognitive and neurological difficulties. It is hence important when considering a vaginal delivery for a woman with a previous C-section (known as a VBAC) to take this possibility into account.

Consider a reported case involving an expectant mother who reported to the hospital for a scheduled natural delivery of her baby. She underwent a C-section in a previous pregnancy but the nurse administered a drug generally used to induce labor. The application of this medication needs to be carefully monitored for the reason that it become a significant problem particularly at higher dosages. The nurse failed to notify the physician that the pregnant woman's contractions became irregular Rather, as the contractions increased to obviously dangerous levels, the nurse continued to administer the drug.

The baby was denied 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 during this time a situation that can be tracked by a machine which monitors the unborn childs heart rate. The diagnosis: cerebral palsy. As a result, 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 handled this matter reported that the case went to trial and the jury came back with a verdict of $31 Million. This sum included $26,000,000 for the cost of future medical care.

As this lawsuit demonstrates nurses and hospital staff have a duty to realize if problems happen in a pregnancy. They also need to know and understand the effects and side effects of the medications they give, and let the physician in charge know of any signs that indicate there is a difficulty happening. 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 occurs the family may be able to bring a case for malpractice. As this matter additionally reveals - such cases, because of the type and extent of the injury to the child, can result in a substantial recovery.

by: Joseph Hernandez

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