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Terry A Mitchell

$31 Million Jury Award For Nurse Overlooking Symptoms Of Fetal Distress


By: J. Hernandez
Submitted: 2010-08-13 11:52:27 | Word Count: 525


When a pregnant woman who has previously given birth via a C-section gives birth to her new child by a vaginal deliver there is a greater risk that she will experience a ruptured uterus while in labor. An unborn child receives oxygen by way of the placenta. A ruptured uterus might thus result in a serious diminishment in the amount of oxygen that gets to the unborn child. In the event that this continues for a prolonged period of time the unborn child will experience brain damage and be left with significant irreversible disabilities.

Consider a recently documented claim about an expectant mother who reported to the hospital for a scheduled vaginal delivery of her child. She underwent a C-section in an earlier pregnancy. Still, the nurse administered a drug generally used to induce labor. The use of this drug , however, should be diligently supervised as it can result in hyperstimulation of the uterus and become a serious complication notably at higher levels. The nurse did not tell the attending doctor that the pregnant woman's contractions became irregular Rather, even though the contractions escalated to clearly dangerous levels, the nurse kept using additional amounts the drug.

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The expectant mother sustained a uterine rupture. The unborn baby was in fetal distress. The baby was deprived of oxygen for 18-20 minutes as a result of which he suffered a brain injury. He has significant cerebral palsy. He is unable to walk or to talk. He is unable to hold objects in his hands. He is unable to eat without the use of a feeding tube. He can, though, identify members of his family and is alert. However he will require 24/7 life assistance. The law firm that handled this matter revealed that the claim went to trial and the jury came back with a verdict of $31 Million. This total included $26,000,000 to cover future medical care.

As the matter discussed above shows nurses and hospital staff need to be able to determine if complications occur during a pregnancy. They also need to know and understand the effects and danger signs of the drugs they give, and let the doctor in charge know of any signs that indicate there is a complication taking place. Whether caused by 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 case additionally illustrates - such lawsuits, as a consequence of the type and extent of the injury to the baby, can lead to a considerable recovery.

Author Resource:- Joseph Hernandez is an Attorney accepting catastrophic injury and medical malpractice cases. For additional information about fetal distress and erbs palsy visit the website

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