subject: Fetal Distress Brings About Unborn Child's Death When Doctor Is Away [print this page] Seeing that fetal distress is a significant problem in pregnancy that frequently involves a loss of oxygen supply to the unborn infant. Therefore, if fetal distress is observed measures ought to be taken immediately to prevent harm to the child. Below we consider the issue of liability in a published case involving a delay of approximately two hours in reacting to signs of fetal distress. We also take into account the resulting damages and the amount of the settlement.
An obstetrician is informed that his patient, who is pregnant, had been transported to a close by hospital subsequent to having taken a fall. An ultrasound was done and showed no injury to the baby. The expectant mother remained concerned that something was wrong and requested additional monitoring. The obstetrician indicated he would meet his patient at a hospital where she was being transferred so as to perform other monitoring which the first hospital was not adequately set up to carry out.
Upon her arrival at the second hospital a fetal heart rate monitor was connected to the woman. The labor and delivery nurse at this hospital read the results as non-reassuring and revealing that the unborn child was experiencing fetal distress. The second hospital and the nurse had been told that the womans physician had agreed to go to that hospital to handle the care of the patient and her unborn child. While evidently having noted that the baby was in fetal distress, the nurse nevertheless concluded that she needed to wait for the doctor to handle the situation instead of taking any measures on her own or alerting an on-call obstetrician.
Over the next 2 hours the nurse kept putting off notifying another doctor that the unborn child was in fetal distress. It was only after the monitor showed that the babys heart rate had taken a sharp drop to alarmingly low levels that she ultimately advised one of the hospital physicians. When informed of the situation this doctor did not wait to perform an emergency C-section. While performing the C-section the physician determined that the baby went through a period of time without an adequate oxygen supply (which accounted for the drop in the heart rate) on account of a placental abruption.
But the patients obstetrician went home instead of to the hospital as he had indicated he would - basically abandoning the woman and her baby and making him a defendant in the malpractice claim. Believing the doctor was in route the nurse at the second hospital, who may usually have instantly advised a different physician of the fetal distress, did nothing but continue to wait for a doctor who would never show up.
At birth the baby was non-responsive. Despite the fact that the medical staff tried resuscitative measures they were not able to revive the baby. The law firm that litigated the case was able to state that they obtained a settlement totaling $750,000 on behalf of the child's mother and father. This claim demonstrates both (1) a doctor's duty to follow up on the care of his patient when he agrees to do so and (2) a nurses duty to make sure that a doctor is notified immediately if signs of fetal distress are noticed.
by: Joseph Hernandez
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