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subject: $4.0 Million Case For Baby With Cerebral Palsy From Error By Medical Staff [print this page]


The fetal heart rate monitor gives doctors and nurses with important information about the well being of the unborn baby as the mother is in labor. The information from the monitor is used to check on whether the baby is well or is in a compromised situation. When such indications appear steps should be taken without delay to counteract the situation or to deliver the child. Waiting can result in significant and lifelong harm to the infant. By not acting right away physicians and nurses might be acting in a way that fails to satisfy the standard of care. If this does bring about injury to the baby, these physicians and nurses may be liable for medical malpractice.

Consider a reported claim involving what had been a normal pregnancy, the expectant mother was thirteen days past her due date. She went to the hospital for the planned delivery of her baby. Following her admission , one of the doctors ruptured her membranes in an effort to enhance her labor. An entry in her chart documented that there was "scant to no amniotic fluid" observed. While she was being followed the fetal heart rate monitor began to show non-reassuring tracings. But, six hours after that a drug was used in order to stimulate her contractions. Despite the fact that this drug has a possible side effect leading to hyperstimulation, the use of the drug was regularly increased during the period of the next several hours.

During this period, the unborn child's heart rate revealed noticeable late decelerations, an increasing baseline, along with intervals of decreasing variability the drug did nothing to further her labor. On more than one occasion, two nurses attempted to counteract the decelerations but neither made any attempt to stop or even decrease the drug being given. Around 7 hours subsequent to the initial administration of the drug, the fetal heart rate started progressively increasing, a sign that the unborn child was seeking to compensate for the lack of oxygen.

Finally, almost four hours following the first signs of fetal distree the obstetrician attempted a vacuum extraction. This doctor made multiple attempts (nine in total) at vacuum extraction. As the obstetrician attempted the vacuum extraction, the fetal heart rate readings worsened to a level suggesting terminal bradycardia. Here the obstetrician finally decided to perform an emergency C-section. This doctor delivered the baby just over one hour following starting attempts at vacuum extraction.

The hospital chart documented the presence of dense meconium. On being born, the baby did not have a heart rate and was not breathing. Resuscitation attempts were able to revive the baby. The infant was moved to NICU unit where the baby began experiencing seizures and was. The law firm that handled the resulting lawsuit documented that the case settled for $4.0 million.

by: Joseph Hernandez




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