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Aaron Greenhaw

Ignored Signs Of Fetal Distress Lead To Child's Cerebral Palsy As Well As $4.0 Million Malpractice Claim Settlement


By: J. Hernandez
Submitted: 2010-11-29 21:57:54 | Word Count: 540


The fetal heart rate monitor gives doctors and nurses with valuable information concerning the wellbeing of the unborn child as the mother is in labor. The data from the monitor is used to track whether the baby is doing well or is in a compromised situation. Should such signs appear measures should be taken without delay to counteract the situation or to deliver the infant. Any delay can result in severe and lifelong harm to the infant. The failure of physicians or nurses to take timely and appropriate action might constitute a failure to meet the standard of care. In the event this does lead to injury to the newborn, these physicians and nurses might be liable for medical malpractice.

Look at a reported claim involving what had been an uneventful pregnancy, the expectant mother was 13 days past her due date. She was hospitalized for the planned delivery of her baby. After her admission to the hospital, one of the physicians ruptured her membranes in an attempt to enhance her labor. Her records show that there was “scant to no amniotic fluid” noted. While she was being followed the fetal heart rate monitor started to show non-reassuring tracings. Yet, 6 hours later medication was used so as to stimulate her contractions. Despite the fact that this medication has a possible side effect producing hyperstimulation, progressively higher levels of the medication were given over the course of the following several hours.

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During this period, the unborn child’s heart rate showed noticeable 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 deal with the decelerations however neither nurse made any attempt to stop or even decrease the drug being administered. About 7 hours following the initial administration of the drug, the fetal heart rate began steadily increasing, a signal that the baby was seeking to compensate for the lack of oxygen.

Finally, almost four hours after the signs of fetal distress appeared this physician attempted a vacuum extraction. This doctor made multiple attempts (nine in total) at vacuum extraction. As this physician tried the vacuum extraction, the fetal heart rate readings worsened to the point suspicious for terminal bradycardia. When this happened the obstetrician at last decided to perform an emergency C-section. This physician delivered the infant just over one hour after beginning the use of vacuum extraction.

The hospital records documented the presence of dense meconium. On being born, the infant did not have a heart rate and was not breathing. Resuscitation attempts succeeded in reviving the baby. The newborn was transferred to NICU unit where the baby started having seizures and was. The law firm that handled the resulting claim announced that a $4.0 million settlement was reached in the case

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

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