Lawsuit Alleging Stillbirth Due To Unrecognized Placental Abruption Settles For $300,000

Perhaps the one commonality expectant parents have in common is the hope that their baby will be born alive and healthy

. Yet, there are many problems that can arise during a woman's pregnancy: problems that can place the health, and even the life, of the baby at risk. This is one of the main reasons expectant mothers place the well being of their unborn child in the hands of physicians and their staff. They are supposed to be able to recognize and resolve complications. This article examines a report of a case in which this did not happen.

In this reported case an expectant mother went to the hospital, as scheduled, to deliver her baby. When the expectant mother was first examined and her vital signs taken the nurse noted that her blood pressure was high. As labor progressed, the nurse also noted that the expectant mother had unusual contraction patterns. Even though there was sufficient evidence to suggest that there was a complication, possibly a placental abruption, the nurse did not attempt to resuscitate the unborn baby by providing additional oxygen, to increase the amount of IV fluid, or to notify a physician. A physician eventually delivered a stillborn baby. The law firm that pursued a lawsuit on behalf of the parents reported that a settlement was reached in the amount of $300,000.

This case exemplifies several mistakes that can take place in a hospital setting while a woman is in labor. First, a nurse is left alone and in charge of the woman's care for an extended period of time. If the nurse is not sufficiently well trained or lacks experience the nurse may not be able to recognize a serious complication when one happens. Even if the nurse does recognize that there is a complication the nurse may not fully appreciate the urgency of the situation.

Second, a work up to determine the cause of the symptoms is not ordered. A different, better trained or more experienced nurse, or a physician, would have ordered tests, such as a sonogram which could have shown the presence of a placental abruption.

Third, a nurse (or junior physician such as an intern or resident) does not alert a senior physician who is capable of resolving the complication. This takes place when (1) the nurse or junior physician does not comprehend the limits of their knowledge and ability and (2) when they defer to a previous order by a senior physician. The flip side of this type of mistake takes place when the physician in charge of the patient is notified of the signs of a complication but discounts the information because it comes from a nurse or junior physician.

Mistakes such as those discussed above can, as in the reported case, lead to tragic consequences. When that happens the nurse or physician who committed one or more of the mistakes responsible may be liable for medical malpractice.

by: Joseph Hernandez

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