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$7.2 Million Verdict To Family Of Infant With Brain Injury Due To Medical Error
Take a look at the following case: An expectant mother was admitted to the hospital for labor and delivery. The physician had not yet arrived at the hospital and therefore the woman was given an examination by a nurse. The nurse documented both the presence of meconium in the amniotic fluid in addition to abnormal readings from the fetal heart rate monitor. The heart rate tracings were not reassuring. The nurse advised the physician. Having received the information the physician still opted to hold off going to the hospital. He failed to have another physician take over and simply has the nurse remove the fetal heart rate monitor, the one critical technology that could give information regarding the condition of the baby. It took the doctor almost seven hours to show up at the hospital. The doctor at last saw her but just turned her treatment over to a different physician. Upon learning of the nurse’s observations that physician performed an emergency C-section. The damage had already taken place. The child now had brain damage. The baby had gone through a lack of oxygen for too long and had sustained brain damage by the time the covering physician performed the C-section. As a consequence of the brain damage, the child will experience irreversible disabilities that include both mental as well as physical retardation, the use of a feeding tube, and a seizure disorder. The law firm that represented the family was able to report that at trial the jury returned a verdict of $7,200,000 (including interest). As this case shows sometimes doctors and nurses fail to respond with the urgency appropriate for the risk that particular labor complications present. What occurred in the situation discussed above is beyond comprehension. First, even though the doctor was told about several abnormal indications by the nurse the physician not only decided to hold off on going to the hospital but actually directed the nurse to remove the monitor – the one source of critical information about the health of the unborn baby. It is almost as if the physician did not want to be told of further indications of complications. The nurse could have notified another doctor of the situation. Rather, the nurse deferred to the doctor’s rank and authority. After ultimately turning up at the hospital and seeing the expectant mother the doctor turned over her care to a different physician. However, despite the fact that by all evidence the other doctor acted appropriately, it was too late to avoid permanent damage to the infant. An unborn child is at risk of significant and permanent harm when physicians and nurses do not take immediate action when confronted with signs of fetal distress. The case also demonstrates that if this happens these doctors and nurses might be held accountable for not taking suitable actions and hence not meeting the applicable standard of care. This is the level of professional responsibility to which we hold doctors and nurses. When they fall short and their actions or lack of actions lead to harm to a child they might be subject to a medical malpractice claim. Due to the seriousness of the harm to the infant the recovery from such lawsuits can be substantial. Article Directory: http://www.articledashboard.com Joseph Hernandez is an Attorney accepting birth injury medical malpractice cases. You can learn more about fetal distress and other types of birth injuries including group b strep matters by visiting the websites |
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