subject: $4,000,000 Settlement For Error By Doctors And Nurses That Ended In Baby's Cerebral Palsy [print this page] In the course of labor, expecting mothers are normally attached to a fetal heart rate monitor. The tracings from the monitor are read for signs that the health of the unborn baby is in jeopardy. If such warning signs arise steps need to be taken without delay to counteract the situation or to deliver the baby. Waiting can lead to significant and permanent harm to the infant. The failure of doctors or nurses to take timely and proper action may constitute a failure to satisfy the standard of care. If this does bring about harm to the child, these doctors and nurses may be liable for medical malpractice.
Look at a documented lawsuit involving what had been a normal pregnancy, the pregnant woman was 13 days beyond her due date. She was hospitalized for a scheduled delivery. Following her admission , one of the doctors ruptured her membranes in an effort to augment her labor. The woman's records show that there was "scant to no amniotic fluid" noted. While she was being followed the fetal heart rate monitor started to show non-reassuring tracings. Nevertheless, 6 hours later a drug was used in order to promote her contractions. Even though this drug has a possible side effect causing hyperstimulation, the administration of the medication was regularly increased during the period of the next several hours.
During this time, the unborn child's heart rate showed noticeable late decelerations, an increasing baseline, in addition to intervals of decreasing variability the medication did nothing to further her labor. On more than one occasion, two nurses tried to deal with the decelerations however neither made any effort to stop or even decrease the drug being administered. Around seven hours after the initial administration of the drug, the fetal heart rate began progressively increasing. This was a sign that the unborn child was trying to compensate for the lack of oxygen.
Nearly four hours following the first signs of fetal distree this physician attempted a vacuum extraction. The obstetrician made multiple attempts (nine in total) at vacuum extraction. As this doctor attempted the vacuum extraction, the fetal heart rate readings deteriorated to a level suggesting terminal bradycardia. When this happened this physician finally ordered an emergency C-section. The obstetrician delivered the baby a little more than one hour following beginning attempts at vacuum extraction.
The hospital records noted the presence of thick meconium. The newborn was not breathing, had no muscle tone, no reflexes, and no heart rate. Resuscitation efforts were able to revive the baby. The child was moved to NICU unit. In the NICU unit the baby began having seizures. The baby was later diagnosed with cerebral palsy as a result of oxygen deprivation. The law firm that handled the resulting claim published that a $4.0 million settlement was reached in the case
