Medical Malpractice Case For Child With Cerebral Palsy From Delayed C-Section Settles For $2.9 Million
By: J. Hernandez
Submitted: 2010-10-21 22:24:25 | Word Count: 644
There are numerous problems that an expectant mother can encounter during labor and delivery. Such of complications, such as the condition known as fetal distress, require that medical staff, including the doctors and nurses attending to the pregnant woman, realize that a complication has happened, that the baby's health is in jeopardy, and that proper action might need to be taken in a timely manner. Unfortunately, physicians sometimes delay taking action with terrible results to the baby.
Consider a documented case involving a 19 year old pregnant woman who was admitted to a hospital for labor and delivery of her baby. She exhibited very frequent contractions and an irritable uterus. This is characterized by an irritable uterus contracting too frequently. Among the factors that can account for these symptoms are an infection and a placental abruption. From either of these conditions it is possible that the only way to protect the unborn child from serious injury is by going forward with an emergency C-section.
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The frequent contractions and irritable uterus would usually serve to heighten a physician's apprehension that this might not be a normal pregnancy. At the very least physicians would typically agree that this woman's progress ought to be carefully followed. The physician in this case, however, came to a different decision. This doctor decided to medically hasten the woman's labor through administering drugs. Even in a normal pregnancy the use of these drugs warrants careful monitoring but this was already not a normal pregnancy.
Then a highly significant event happened during the woman's labor. The fetal heart rate monitor showed that the unborn child was in distress. The physician ignored this indication of a serious problem and instead had the woman start pushing for at least forty-five minutes prior to going forward with a C-section. The baby was not breathing at the time of birth. The doctor attempted to resuscitate the baby by employing drugs but at two minutes the baby still was not breathing. Apgar scores were 2, 6 and 7. Within 10 hours of birth the newborn began to experience seizures. At age nine the child had cerebral palsy. The law firm that helped the family was able to report that they obtained a $2,900,000 settlement.
A common reason for fetal distress (particularly when the fetal heart rate drops) is that the unborn baby's oxygen supply has been cut off or substantially lessened. If the unborn baby goes for a lengthy period of time without adequate oxygen, a situation referred to as hypoxia, the baby can end up with brain damage. Babies who experience this often develop cerebral palsy. As this case reveals, if a physician faces indications of possible infection or possible placental abruption as well as indications of fetal distress fails to take action immediately (such as performing an emergency C-section) and the child sustains brain damage because of the delay, that physician might be liable for malpractice.
The discussion above is meant for basic informational use only and is not to be taken as medical or legal advice. If you have any medical questions you ought to discuss the matter with a doctor immediately. Furthermore if you think that your child was harmed due to medical malpractice you ought to seek the advise of an attorney. Because the law limits the amount of time you and your child have to go forward with a medical malpractice claim you need to consult with an attorney now.
Author Resource:-
Joseph Hernandez is an Attorney accepting birth injury cases. To learn more about fetal distress and other other birth injury cases including erb's palsy visit the websites
