subject: Jury Returns Verdcit Of $7,200,000 In Claim Concerning Infant's Brain Injury [print this page] Jury Returns Verdcit Of $7,200,000 In Claim Concerning Infant's Brain Injury
Any of several complications may cause an unborn baby to have his or her oxygen supply jeopardized, causing the baby to be in fetal distress. If the baby does not receive enough oxygen for an extended period of time the baby can die or suffer long term disabilities such as brain damage, cerebral palsy, blindness, and seizure disorders. After a pregnant woman is admitted for labor and delivery doctors and nurses are expected to properly monitor her and her unborn babyThey are also expected to have the knowledge and training necessary to recognize and react to signs of fetal distress.
The following case illustrates what can happen.
Have a look at a published situation in which a pregnant woman checked in at the hospital to give birth to her baby. Her doctor, though, was not present yet. In the doctor's absence a nurse thus examined the expectant mother. In her record, the nurse described that the amniotic fluid had meconium and that the fetal heart rate monitor indicated abnormal readings. The readings were suspicious for fetal distress. The nurse notified the doctor by phone but did nothing else. The doctor, rather than heading to the hospital directly, chose to delay and instructed the nurse to keep observing the woman. The nurse disconnected the fetal heart rate monitor thereby discontinuing any further warnings of a problem.
In all, the physician did not report to the hospital for nearly 7 hours. When the doctor examined the expectant mother the doctor rather than reacting to the situation instead turned her care over to another physician to cover. Upon learning of the nurse's findings that physician performed an emergency C-section. The damage had already been done. The child sustained brain damage. The newborn had gone through a lack of oxygen for too long and had suffered brain damage by the time the covering physician performed the C-section. As a result of the brain damage, the child will suffer permanent impairments that include both mental as well as physical retardation, the use of a feeding tube, and a seizure disorder. The law firm that represented the family was able to report after the trial the jury returned a verdict of $7,200,000 (including interest).
As this case demonstrates sometimes doctors and nurses fail to respond with the immediacy corresponding to the risk that certain labor complications present. What took place in the lawsuit above is inexplicable. First, despite the fact that the doctor was advised about multiple abnormal signs by the nurse the physician did not just choose to hold off on going to the hospital but actually directed the nurse to disconnect the monitor the one source of critical information about the health of the unborn baby. It is almost as if the physician did not want to be informed of complications.
The nurse might have notified a different physician of the situation. Instead, the nurse deferred to the physician's rank and authority. After ultimately arriving at the hospital and seeing the expectant mother the physician passed her care to a different physician. Unfortunately, regardless that by all evidence the other physician acted properly, it was too late to avoid permanent harm to the newborn.
An unborn child is at risk of severe and irreversible harm when physicians and nurses do not take immediate action in the face of indications of fetal distress. The lawsuit also shows that if this occurs these physicians and nurses may be held accountable for not taking proper actions and hence not meeting the standard of care. This is the level of professional responsibility to which we hold physicians and nurses. As soon as they fall short and their actions or lack of actions result in an injury to a child they might be liable under a medical malpractice claim. Due to the severity of the injury to the infant the compensation from such lawsuits can be substantial.
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