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subject: Fetal Distress Leads To Baby's Passing While Obstetrician Does Not Make It To Hospital [print this page]


Seeing that fetal distress is a serious complication in pregnancy that often includes a loss of oxygen supply to the unborn infant. Consequently, if fetal distress is noted measures need to be taken right away to circumvent damage to the baby. This article examines a published malpractice case where the delay lasted roughly two hours.

In this lawsuit a pregnant woman who had fallen was being admitted to a hospital to check that there was no injury to her unborn baby. The woman had undergone an ultrasound at the hospital in an effort to look for any damage to her baby and the ultrasound was interpreted as showing no injuries. Since the hospital did not have a fetal heart rate monitor she was going to be transported to a second hospital. Her obstetrician was advised that she was being transported and the doctor agreed to go to the second hospital. When at the second hospital a fetal heart rate monitor was connected to the expectant mother.

The labor and delivery nurse at this hospital read the strip as non-reassuring and revealing that the unborn baby was in fetal distress. The second hospital and the nurse had been informed that the woman's obstetrician was heading to that hospital to look after the patient and her unborn baby. While evidently having noted that the unborn child was in fetal distress, the nurse nevertheless concluded that she should wait for the physician to show up instead of taking any steps by herself or even alerting an on-call physician.

The nurse continued to wait for the obstetrician to arrive for 2 hours. It was only when the monitor revealed that the baby's heart rate had taken a steep drop to alarmingly low levels that she finally notified one of the hospital physicians. The moment he was informed of the circumstances this physician did not wait to do an emergency C-section. On performing the procedure the doctor learned that the baby went through a period of time without an adequate oxygen supply (which explained the fall in the heart rate) as a result of a placental abruption.

The obstetrician was told the woman was being sent to the second hospital and expected her physician to meet her there. But, rather than head to the hospital as he claimed he would do, the doctor went home. This would not have been a problem if the obstetrician had told someone at the second hospital of this decision. Believing the obstetrician was heading toward the hospital the nurse, who may usually have instantly called a different obstetrician of the fetal distress, waited and continued to wait for 2 hours for a doctor who would never show up.

At birth the baby was non-responsive. Despite the fact that the medical staff attempted resuscitation measures they could not revive the baby. Here the law firm that represented the family reported that the matter settled for $750,000. This matter illustrates both (1) a doctor's duty to follow up on the care of his patient once he agrees to do so and (2) a nurse's duty to make certain that a doctor is informed immediately if signs of fetal distress are detected.

by: Joseph Hernandez




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