$4,000,000 Settlement Reached Over Mistake By Doctors And Nurses That Ended In Child's Cerebral Palsy

The fetal heart rate monitor gives doctors and nurses with important data concerning the health of the unborn child while 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 steps should be taken without delay to counteract the situation or to deliver the child. Waiting can lead to significant and lifelong harm to the baby. The failure of doctors or nurses to take timely and correct action may constitute a failure to satisfy the standard of care. If this does result in harm to the newborn, these doctors and nurses may be liable for medical malpractice.

Look at a documented lawsuit regarding what had been a normal pregnancy, the pregnant woman was thirteen days beyond her due date. She was hospitalized for a scheduled delivery. After her admission to the hospital, one of the doctors ruptured her membranes in an attempt to augment 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 began to exhibit non-reassuring tracings. But, six hours after that medication was used in order to stimulate her contractions. Despite the fact that this medication has a possible side effect bringing about hyperstimulation, progressively higher dosages of the drug were administered during the period of the following few hours.

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 attempted to counteract the decelerations yet neither did anything about the continued use of the drug. Nearly 7 hours subsequent to the initial administration of the drug, the fetal heart rate started steadily rising. This was a sign that the unborn child was trying to compensate for the lack of oxygen.

Finally, almost four hours following the first signs of fetal distree the obstetrician decided to try a vacuum extraction. The obstetrician made multiple attempts (nine in total) at vacuum extraction. As the obstetrician attempted the vacuum extraction, the fetal heart rate readings deteriorated to a level suggesting terminal bradycardia. When this happened this physician at last ordered an emergency C-section. This physician delivered the infant a little more than 1 hour after starting the use of vacuum extraction.

The hospital records noted the presence of dense meconium. The infant was not breathing, had no muscle tone, no reflexes, and no heart rate. Resuscitation attempts were able to revive the child. The infant was taken to NICU unitThere, the baby started experiencing seizures. The baby was subsequently diagnosed with cerebral palsy due to an prolonged period of oxygen deprivation. The law firm that handled the resulting claim published that a $4,000,000 settlement was reached in the case.

By: J. Hernandez

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Joseph Hernandez is an Attorney accepting birth injury medical malpractice cases. You can learn more about fetal distress and other types of birth injuries such as placental abruption matters by visiting the websites