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$1,200,000 Lawsuit Filed By Family Of Baby With Severe Impairments

The health of an unborn baby is dependent on the pregnancy developing normally

. If some complications do come up the baby's health and potentially even the baby's life can be at risk. For example, should the baby not obtain enough oxygen the baby can suffer brain damage or even die. There are many problems that might develop leading to the situation including a premature separation of the placenta from the uterus. In cases where this occurs steps need to be taken right away to either the restore supply of oxygen or deliver the baby. Examine what took place in the following documented case.

The case was based on allegations that in the 39th week of pregnancy an expected mother felt 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. A gush of bright red blood came out roughly 7 1/2 hours later. This was seen by the doctor. The physicianread the fetal heart monitor strips but, despite the fact that the strips showed a non-reactive pattern, the physicianjust having her progress monitored. An ultrasound failed to establish the reason for the bleeding. And rather than appreciate the significance of the bleeding as a sign of a placental abruption, the doctor concluded that it was only a sign of advancing labor.

Additional changes suggestive for fetal distress were then noted by the staff three quarters of an hour later which became increasingly more suspicious throughout the following ten minutes. The physician could have pursued several options when this happened. Testing the scalp, for example, could have given a better understanding of the status of the fetus. A C-section would have avoided a resulting injury to the child.

An additional ten minutes went by when a nurse observed a fetal heart rate deceleration down to fifty. 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. Despite these troublesome signs the nurse took yet an additional five minutes before contacting the doctor. And even in the presence of these symptoms no additional steps were taken.

Twenty more minutes passed and now a second wave of bleeding occurred. The fetal heart rate monitor by then was showing average to minimal variability. An epidural was administered thirty minutes later even though the woman was bleeding. After about 40 additional minutes a different physician took over the mother's care. And even now no action was taken despite the fact that the fetal heart rate continued to include decelerations with a late component and the expectant mother was still bleeding. The child was ultimately delivered vaginally a little more than 2 hours later.

At birth the newborn had trouble breathing and showed little to moderate response. The cord's blood pH registered as acidic. Furthermore, the amniotic fluid contained meconium. These are all signs that the infanthad been in distress. A pediatric specialist was consulted and after finding that the babyhad suffered from oxygen deprivation the newbornwas intubated. The babyneurological injuries was the result of the babyhaving not received adequate amounts of oxygen from the delay in delivery. In his early years, the child had kidney problems. He needed a transplant. He was developmentally delayed. He could not crawl on his own. He could not sit on his own.

The parents brought a malpractice case for the child against the doctors and the nurses. The law firm that represented them was able to document that they achieved a settlement for $1.2 million on behalf of the family.

This matter shows an important issue. A placental abruption can result in a considerable birth injury in the absence of steps taken without delay to deliver the baby. Here, the medical staff including the physician simply kept observing 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 happened was viewed as being part of a normal labor process. In a medical situation becoming fixed on a specific interpretation can, like in the matter analyzed above, end in a tragic outcome.

by: Joseph Hernandez
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$1,200,000 Lawsuit Filed By Family Of Baby With Severe Impairments Anaheim