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Settlement Reached Over Error By Medical Staff That Led To Child's Cerebral Palsy

The fetal heart rate monitor provides doctors and nurses with useful data about the wellbeing of the unborn baby while the mother is in labor. The data from the monitor is used to check on whether the baby is doing well or is in fetal distress. When such signs arise measures need to be taken without delay to counteract the situation or to deliver the baby. Any delay can result in significant and lifelong injury to the child. By delaying taking timely and appropriate action physicians and nurses may be acting in a way that fails to meet the standard of care. If this does lead to harm to the child, these doctors and nurses may be liable for medical malpractice.

Look at a documented claim concerning what had been a normal pregnancy, the pregnant woman was 13 days beyond her due date. She was hospitalized for a scheduled delivery. After her admission , one of the doctors ruptured her membranes in an effort to augment her labor. An entry in her chart documented 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. But, six hours later medication was used in order to stimulate her contractions. Even though this medication has a possible side effect causing hyperstimulation, progressively higher dosages of the medication were given throughout the next several hours.

During this period, the unborn childs heart rate showed marked late decelerations, an increasing baseline, as well as intervals of decreasing variability the medication 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 use of the drug. Approximately 7 hours after the initial administration of the drug, the fetal heart rate began steadily rising. This was a sign that the unborn child was seeking to compensate for the lack of oxygen.

At last, almost 4 hours after the signs of fetal distress appeared this doctor decided to try a vacuum extraction. This doctor made multiple attempts (nine in total) at vacuum extraction. As this doctor tried the vacuum extraction, the fetal heart rate readings worsened to a level suggesting terminal bradycardia. Now the obstetrician at last decided to perform an emergency C-section. This physician delivered the child just over one hour after starting the use of vacuum extraction.
Settlement Reached Over Error By Medical Staff That Led To Child's Cerebral Palsy


The woman's chart documented the presence of dense meconium. The child was not breathing, had no muscle tone, no reflexes, and no heart rate. Resuscitation efforts succeeded in reviving the baby. The newborn was taken to NICU unitThere, the baby began having seizures. The child was later diagnosed with cerebral palsy due to extented oxygen deprivation. The law firm that handled the resulting lawsuit revealed that it settled for $4.0 million.

by: Joseph Hernandez




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