Malpractice Claim Results In $31,000,000 Recovery For Child With Cerebral Palsy

A scheduled vaginal childbirth for a mother who has previously underwent a C-section

ought to consider that this places the pregnant mother in danger of a ruptured uterus. An unborn child gets oxygen through the placenta. A ruptured uterus might thus bring about a critical decrease in the amount of oxygen that gets to the unborn baby. Depending on the degree and the amount of time involved the child can sustain a brain injury which manifests with significant cognitive and neurological difficulties. It is therefore essential when scheduling a vaginal delivery for an expectant mother with a prior C-section (known as a VBAC) to take this possibility into account.

Consider a published case involving a pregnant woman who reported to the hospital for a planned natural delivery of her child. She underwent a C-section in a prior pregnancy but the nurse gave her a drug generally used to induce labor. The use of this drug needs to be carefully followed for the reason that it can result in overstimulation of the uterus and become a significant complication particularly at greater dosages. The nurse did not tell the attending doctor that the pregnant woman's contractions became irregular Rather, as the contractions escalated to clearly unsafe levels, she continued to give the expectant mother the drug.

The child was denied vital oxygen for an interval of roughly 18-20 minutes from what was later determined to be a uterine rupture. The baby was in fetal distress during this time - a condition that can be tracked by a machine which monitors the unborn baby's heart rate. The diagnosis: cerebral palsy. Because of this, 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 need to be fed with 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 represented the family documented that the case went to trial and the jury delivered a verdict of $31 Million. This sum included $26,000,000 to cover future medical care.

As this lawsuit demonstrates nurses and hospital staff need to recognize if problems arise during a pregnancy. They also need to know and understand the effects and danger signs of the drugs they give, and let the doctor in charge know about any symptoms that indicate there is a problem taking place. 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 baby. When this occurs the family (both on their own behalf and on behalf of the baby) may be able to bring a case for malpractice. As this matter furthermore reveals - such cases, because of the type and extent of the injury to the baby, can lead to a significant recovery.

by: Joseph Hernandez

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