Overlooked Indications Of Fetal Distress Result In Infant's Cerebral Palsy And $4.0 Million Case Settlement
By: J. Hernandez
Submitted: 2010-06-28 23:12:36 | Word Count: 536
In the course of labor, pregnant women are generally attached to a fetal heart rate monitor. The data from the monitor is used to track whether the baby is doing well or is in fetal distress. Should such warning signs arise steps need to be taken right away to counteract the situation or to deliver the child. Any delay can lead to significant and permanent injury to the baby. The failure of doctors or nurses to take timely and appropriate action may amount to a failure to satisfy the standard of care. If this does result in harm to the newborn, these physicians and nurses may be liable for medical malpractice.
Consider a documented lawsuit concerning what had been a normal pregnancy, the pregnant woman was thirteen days past her due date. She was hospitalized for a scheduled delivery. Following her admission to the hospital, one of the doctors ruptured her membranes in an attempt to enhance her labor. Her records show that there was “scant to no amniotic fluid” observed. At some point the fetal heart rate monitor began to exhibit non-reassuring tracings. Yet, six hours later medication was used so as to increase her contractions. Even though this medication has a possible side effect causing hyperstimulation, progressively higher levels of the drug were administered during the period of the following few hours.
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During this time, the unborn baby’s heart rate exhibited marked 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 attempted to counteract the decelerations but neither nurse made any effort to stop or even decrease the drug being used. Roughly 7 hours subsequent to the initial administration of the drug, the fetal heart rate began progressively rising, a sign that the unborn child was attempting to compensate for the lack of oxygen.
Finally, almost 4 hours following the first signs of fetal distree this doctor decided to try a vacuum extraction. This physician made multiple attempts (nine in total) at vacuum extraction. As this physician attempted the vacuum extraction, the fetal heart rate readings deteriorated to the point suspicious for terminal bradycardia. When this happened the obstetrician finally decided to perform an emergency C-section. This physician delivered the infant just over 1 hour after beginning attempts at vacuum extraction.
The hospital chart noted the presence of dense meconium. The infant was not breathing, had no muscle tone, no reflexes, and no heart rate. Resuscitation efforts succeeded in reviving the child. The newborn was transferred to NICU unit where the baby began experiencing seizures. The child was later diagnosed with cerebral palsy caused by extented oxygen deprivation. The law firm that handled the resulting case documented that the case settled for $4.0 million.
Author Resource:-
Joseph Hernandez is an Attorney accepting fetal distress cases. To learn more about fetal distress and other other birth injury matters including erb's palsy matters visit the website
