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Terry A Mitchell

Physicians And Nurses Pay $4.0 Million Settlement In Case Regarding Infant With Cerebral Palsy


By: J. Hernandez
Submitted: 2010-09-19 13:13:07 | Word Count: 527


During labor, expecting mothers 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. If such indications appear steps should be taken right away to counteract the situation or to deliver the infant. Waiting can result in significant and lifelong injury to the child. By not acting right away doctors and nurses might be acting in a manner that fails to satisfy the standard of care. In the event this does end in harm to the newborn, these doctors and nurses might be liable for medical malpractice.

Look at a reported claim concerning what had been a normal pregnancy, the pregnant woman was 13 days past her due date. She was hospitalized for the planned delivery of her baby. Following her admission to the hospital, one of the doctors ruptured her membranes in an attempt to enhance her labor. An entry in her chart recorded that there was “scant to no amniotic fluid” noted. At some point the fetal heart rate monitor started to exhibit non-reassuring tracings. But, six hours later medication was used so as to promote her contractions. Despite the fact that this medication has a possible side effect causing hyperstimulation, the application of the medication was consistently increased during the period of the following few hours.

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During this period, the unborn baby’s heart rate revealed marked late decelerations, an increasing baseline, in addition to intervals of decreasing variability the drug did nothing to further her labor. On more than one occasion, two nurses tried to counteract the decelerations but neither nurse did anything about the continued use of the drug. Roughly 7 hours after the initial administration of the drug, the fetal heart rate started steadily increasing, an indication that the baby was attempting to compensate for a decrease in the supply of oxygen.

Nearly four hours following the first signs of fetal distree this doctor attempted a vacuum extraction. This physician made nine attempts at vacuum extraction. As the obstetrician attempted the vacuum extraction, the fetal heart rate readings deteriorated to a level suggesting terminal bradycardia. Here this doctor at last ordered an emergency C-section. This physician delivered the baby a little more than 1 hour after starting the use of vacuum extraction.

The hospital chart documented the presence of thick meconium. On being born, the newborn did not have a heart rate and was not breathing. Resuscitation efforts were able to revive the child. The newborn was taken to NICU unit where the baby began having seizures. The baby was later diagnosed with cerebral palsy caused by extented oxygen deprivation. The law firm that handled the resulting lawsuit revealed that a $4,000,000 settlement was reached in the case

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

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