$4.0 Million Case For Child With Cerebral Palsy As A Result Of Mistake By Medical Staff

By: J. Hernandez | Posted: 06th July 2010

The fetal heart rate monitor provides physicians and nurses with valuable information relating to the health of the unborn baby while the mother is in labor. The information from the monitor is used to track whether the baby is well or is in a compromised situation. Should such signs arise steps need to be taken right away to counteract the situation or to deliver the child. Waiting can lead to severe and permanent injury to the baby. The failure of physicians or nurses to take timely and correct action may constitute a failure to meet the standard of care. If this does bring about injury to the baby, these physicians and nurses might be liable for medical malpractice.



Consider a reported claim involving what had been a normal pregnancy, the pregnant woman was 13 days past her due date. She was hospitalized for a scheduled delivery. After her admission , one of the physicians ruptured her membranes in an attempt to augment her labor. Her records indicate that there was "scant to no amniotic fluid" observed. While she was being followed the fetal heart rate monitor started to exhibit non-reassuring tracings. Nevertheless, six hours after that a drug was administered so as to stimulate her contractions. Despite the fact that this drug is known to have the potential of bringing about hyperstimulation, progressively higher dosages of the drug were administered throughout the following few hours.

During this period, the unborn baby's heart rate exhibited marked late decelerations, an increasing baseline, as well as intervals of decreasing variability the drug did nothing to further her labor. On more than one occasion, two nurses tried to counteract the decelerations but neither did anything about the continued administration of the drug. Approximately seven hours subsequent to the initial administration of the drug, the fetal heart rate began steadily rising. This was an indication that the baby was trying to compensate for the lack of oxygen.

Finally, almost four hours after the signs of fetal distress appeared this physician decided to try a vacuum extraction. This doctor made nine tries at vacuum extraction. As the obstetrician tried the vacuum extraction, the fetal heart rate readings deteriorated to the point suspicious for terminal bradycardia. Now the obstetrician at last ordered an emergency C-section. The obstetrician delivered the baby just over one hour following beginning the use of vacuum extraction.

The hospital chart noted the presence of dense meconium. The infant was not breathing, had no muscle tone, no reflexes, and no heart rate. Resuscitation efforts were able to revive the baby. The newborn was moved to NICU unit where the baby began having seizures. The baby was subsequently diagnosed with cerebral palsy due to extented oxygen deprivation. The law firm that handled the resulting case announced that a $4.0 million settlement was reached in the case

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Tags: six hours, intervals, baseline, due date, physicians, medical malpractice, contractions, admission, pregnant woman, nurses, unborn baby, lack of oxygen, amniotic fluid, heart rate monitor, variability, seven hours