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Terry A Mitchell

Medical Malpractice Case Leads To $31 Million Recovery For Harm Sustained By Baby


By: J. Hernandez
Submitted: 2010-07-10 23:57:26 | Word Count: 519


A planned vaginal delivery for a mother who has previously had a C-section ought to take into account that this puts the pregnant mother in danger of a ruptured uterus. When this happens the unborn child's precious oxygen supply, which is normally received via the placenta, can be cut off. Based on the extent and the quantity of time involved the infant can suffer a brain injury which exhibits severe cognitive and neurological problems. It is hence essential when planning a vaginal delivery for a woman with a prior C-section (known as a VBAC) to take this possibility into consideration.

Examine a recently reported case regarding a pregnant woman who went to the hospital for a planned vaginal delivery of her baby. She underwent a C-section in a previous pregnancy. But, the nurse administered a drug commonly employed to induce labor. The use of this drug , however, should be carefully monitored seeing that it can result in overstimulation of the uterus and end up a serious problem notably at greater dosages. The nurse failed to inform the attending doctor that the pregnant woman's contractions became irregular Instead, as the contractions increased to obviously dangerous levels, she kept using more of the drug.

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The woman experienced a uterine rupture. The unborn child was in fetal distress. The child was deprived of oxygen for eighteen to twenty minutes as a result of which he suffered a brain injury. He has severe cerebral palsy. He cannot walk or talk. He is unable to hold objects in his hands. He is unable to eat without the use of a feeding tube. He can, however, recognize members of his family and is alert. But he will need 24/7 life assistance. The law firm that took this case described that the claim went to trial and the jury delivered a verdict of $31 Million. This total included $26 Million for the cost of future medical care.

As this case shows nurses and hospital staff need to be able to recognize when problems happen during a pregnancy, need to know and understand the effects and danger signs of the drugs they dispense, and notify the physician about any symptoms that suggest there is a complication developing. 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 child. When this occurs the family (both on their own behalf and on behalf of the baby) may be able to bring a claim for malpractice. As this matter also reveals, such lawsuits, as a consequence of the nature and extent of the injury to the baby, can result in a significant recovery.

Author Resource:- Joseph Hernandez is an Attorney accepting birth injury cases. For additional information about fetal distress and other birth injury visit the website

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