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Terry A Mitchell

Seven Hour Holdup By Physician And Nurse In Responding To Fetal Distress Brings About Infant's Brain Injury


By: J. Hernandez
Submitted: 2010-07-27 15:20:28 | Word Count: 701


Any of numerous problems may severely restrict the amount of oxygen reaching an unborn baby, causing the baby to be in fetal distress. If the baby does not receive enough oxygen for a prolonged period of time the baby can die or be left with long term impairment including but not limited to brain damage, cerebral palsy, blindness, and seizure disorders. After a pregnant woman is admitted for labor and delivery physicians and nurses are expected to properly monitor her and her unborn baby and they are supposed to possess enough knowledge, training and experience required to detect and respond to signs of fetal distress.

Consider the following case:

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An expectant mother was admitted to the hospital for labor and delivery. The physician was not there when she arrived and thus she was examined by a nurse. The nurse documented both the presence of meconium in the amniotic fluid as well as abnormal readings from the fetal heart rate monitor. The heart rate tracings suggested fetal distress. The nurse called and advised the doctor. Having received the information the doctor nonetheless decided to delay going to the hospital. He did not have another physician take over and simply let the nurse disconnect the fetal heart rate monitor, the one essential technology that could furnish information regarding the condition of the baby.

It took the doctor roughly seven hours to show up at the hospital. The physician at last saw the woman but just turned her treatment over to a covering doctor. Upon learning of the nurse's observations that physician performed an emergency C-section. The damage had already taken place. The baby suffered brain damage. The newborn had experienced a prolonged period of oxygen deprivation and had suffered brain damage by the time the covering physician performed the C-section. Due to the brain damage, the child will suffer lifelong disabilities that include both mental as well as physical retardation, the use of a feeding tube, and a seizure disorder. The law firm that represented the family was able to report that at trial the jury returned a verdict of $7,200,000 (including interest).

As this case shows occassionally doctors and nurses fail to act with the immediacy appropriate for the risk that particular labor complications present. What occurred in the situation discussed above is inexplicable. First, despite the fact that the physician was advised about multiple abnormal indications by the nurse the doctor did not just choose to delay going to the hospital but actually directed the nurse to remove the monitor - the one source of critical information about the health of the unborn baby. It is almost as if the physician did not want to be told of further indications of complications.

The nurse might have advised a different doctor of the circumstances. Rather, the nurse deferred to the physician's rank and authority. After finally arriving at the hospital and seeing the woman the physician turned over her care to another doctor. Unfortunately, even though by all signs the other doctor acted correctly, it was too late to avoid irreversible damage to the baby.

An unborn baby is at risk of serious and lifelong injuries when physicians and nurses fail to take immediate action in the face of indications of fetal distress. The lawsuit also demonstrates that when this happens these physicians and nurses might be held liable for not taking correct actions and therefore not meeting the applicable standard of care. This is the level of professional responsibility to which we hold physicians and nurses. As soon as they fall short and their actions or lack of actions lead to an injury to a child they may be liable under a medical malpractice claim. Because of the seriousness of the injury to the infant the recovery from such lawsuits can be substantial.

Author Resource:- Joseph Hernandez is an Attorney accepting medical malpractice cases. You can learn more about fetal distress and other birth injury matters including group b streptococcus and
erbs palsy visit the websites

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