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$31,000,000 Jury Verdict After Nurse Fails To Recognize Indications Of Fetal Distress


By: J. Hernandez
Submitted: 2010-12-05 03:19:19 | Word Count: 519


The medical name for a vaginal delivery following a previous C-section is VBAC. VBAC women are at risk of a ruptured uterus during labor. An unborn child receives oxygen by way of the placenta. A ruptured uterus can thus result in a significant decline in the amount of oxygen that gets to the unborn baby. If this continues for a prolonged amount of time the unborn child may experience brain damage and be left with severe permanent disabilities.

Examine a recently reported claim involving an expectant mother who reported to the hospital for a scheduled vaginal delivery of her child. She had a C-section in a prior pregnancy. Yet, the nurse applied a drug commonly used to induce labor. The use of this drug , however, should be carefully supervised for the reason that it can lead to overstimulation of the uterus and end up a major complication particularly at greater levels. The nurse did not notify the attending physician that the pregnant woman's contractions became irregular Rather, as the contractions increased to clearly unsafe levels, she kept administering more of the drug.

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The woman experienced a uterine rupture. The unborn baby was in fetal distress. The child was deprived of oxygen for eighteen to twenty minutes as a consequence of which he sustained a brain injury. The diagnosis: cerebral palsy. Consequently, the baby will never be able to talk or to walk. He will never be able to hold anything in his hands. He will never be able to eat on his own. He will always need to be fed with a feeding tube. He will always need full-time life assistance. He does, though, recognize his family and he is aware. The law firm that represented the child and his parents published that at trial the jury delivered an award of $31,000,000 with included $26,000,000 to pay for the cost of the child's future medical care.

As this case demonstrates nurses and hospital staff need to be able to figure out if problems happen during a pregnancy, need to know and understand the effects and danger signs of the medications they administer, and let the physician in charge know of any symptoms that indicate there is a problem developing. Whether due to a lack of training, inexperience, overwork, or communication breakdowns, a failure in any (or as in this case all) of these areas can result in devastating injuries to the child. If this happens 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 also reveals - such lawsuits, as a consequence of the nature and extent of the injury to the baby, can result in a significant recovery.

Author Resource:- Joseph Hernandez is an Attorney accepting birth injury cases. To learn more about fetal distress and other forms of birth injury matters visit the websites

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