$1.

2 Million Medical Malpractice Claim Successfully

Pursued By Parents Of Child With Considerable Impairments
by Joseph Hernandez
$1.2 Million Medical Malpractice Claim Successfully Pursued By Parents Of Child With Considerable
Impairments
by: Joseph Hernandez
The health of an unborn baby requires that the pregnancy developing normally without heart beat
monitor complications. In the event certain complications do arise the baby's health and potentially
even the baby's life can be endangered. For example, should the baby not receive a proper amount
of oxygen the baby might endure brain damage or even die. There are many problems that can come
up leading to the situation including a premature separation of the placenta from the uterus. In
cases where this happens steps need to be taken right away to either the restore supply of oxygen or
deliver the baby. Look at what took place in the following reported case.
The matter was based on allegations that in the thirty ninth week of pregnancy a pregnant woman
noticed a stream of clear fluid leave her and went to the hospital. Once at the hospital the staff
examined her and placed a fetal heart rate monitor on her. The woman started bleeding bright red
blood some seven and a half hours later. This was even noted by the physician. When checking the
fetal heart rate monitor the doctorfound that it was not reactive but rather than switch to an internal
monitor to more accurately determine the heart rate of the fetus the physicianinstead chose to only
keep observing her progress. An ultrasound was done but failed to reveal the an explanation of why
the woman was the bleeding. The doctor did not, however, act as if a placental abruption was under
consideration. Not finding anything from the ultrasound is not the same as knowing why the woman
was bleeding.
Within 45 minutes the staff observed decelerations in the heart rate of the fetus. After another 10
minutes the monitor strips were suspicious for worsening fetal distress. Rather then checking the
pH of the fetus?s scalp so as to better determine the status of the fetus or simply perform an
emergency C-section the doctor and staff expanded the period of observation.
After yet another 10 minutes a nurse noticed a fetal heart rate deceleration down to 50. It was only
at this point that they attempted their first intervention by repositioning the mother and
commencing oxygen. Now there was another burst of blood. There were also continuing
decelerations showing up on the m onitor. Even with these ominous signs the nurse waited another 5
minutes before calling the physician. Despite the presence of these problems no additional measures
were taken.
A second period of bleeding followed after a third of an hour. This took place as the tracings from
the fetal heart rate monitor showed worsening signs. Within a half-hour, despite the presence of the
bleeding, the woman was placed on an epidural. After about forty additional minutes a different
physician took over the mother's care. And even now no steps were taken even though the fetal
heart rate kept exhibitng decelerations with a late component and the woman continued to bleed.
The child was ultimately delivered vaginally a little more than 2 hours later.
The infant was in respiratory distress at birth. There were two signs present that the infanthad been
in severe fetal distress. Meconium was present and the blood from the cord was acidic. When the
newbornwas examined by a pediatrician it was clear that the newbornhad in fact endured hypoxia.
Still having breathing problems the infantneeded to be intubated. The newbornneurological injuries
was the result of the babyhaving not gotten adequate amounts of oxygen from the delay in delivery.
By the time the child was 5 he was delayed, legally blind and had undergone a kidney transplant.
The child was unable to sit or crawl without help. The family pursued a claim against the medical
staff involved. The law firm that litigated the matter published the resolution of the lawsuit in a
$1,200,000 settlement for the family.
This matter shows an important issue. A placental abruption can result in a considerable birth injury
unless action is taken without delay to deliver the baby. Here, the medical staff including the doctor
continued to just observe the progression of labor without knowing why the woman was bleeding
and why the fetal heart rate monitor showed progressively worrisome heart rate patterns.
Everything that took place was viewed as just further indications of a normal labor process. In a
medical situation becoming fixed on a specific interpretation can, as in the matter examined above,
end in a tragic outcome.