Lawsuit By Family Follows Mistakes By Resident And Nurses Leading To Death Of Baby

Statistically, twenty-seven out of every a thousand newborns endure a birth injury. There are many complications that can arise during pregnancy and throughout labor and delivery. Some of these complications can endanger the health and even the life of the baby and the mother. One particular complication is a placental abruption. A placental abruption occurs when the placenta which encases the unborn child detaches from the mother’s uterus prematurely. In the event that this occurs the blood vessels in the region rupture. The resulting loss of blood triggers a drop in the oxygen supply getting the unborn child. A lack of necessary amount of oxygen for an extended period of time can cause brain damage and may actually lead to a stillbirth.

Despite the fact that many birth injuries are unavoidable, some them come about because of medical malpractice. In one published matter there was a holdup in diagnosing a placental abruption the baby was delivered with drain damage which is known to be correllated to a placental abruption. As the report reveals there was a settlement between the defendants and the parents resolving a lawsuit filed by the parents claiming medical malpractice.

In this case a nineteen year old expecting the birth of her first child was admitted to the hospital for labor and delivery. The expectant mother indicated she was having continuous abdominal pain. Following an examination, the obstetrical nurse noted constant uterine contractions and a hard abdomen. Not long after, she starting having vaginal bleeding. The bleeding was severe, needing continuous changing of towels to soak up the blood. Instead of immediately advising a physician, the nurse showed the mother where the linen closet was in her room so that she could replace the towels herself.

Within four to five hours, the expectant mother eported experiencing excruciating pain and the nurse administered a pain masking medication but failed to call a doctor. Within 5 minutes, the fetal heart rate monitor indicated that the baby’s heart rate went flat. The nurse, however, saw this as simply a reaction to the pain medication. The nurse again did not notify a doctor and did not make any attempt to wake the baby to make sure hypoxia was not involved. She finally contacted a doctor approximately 50 minutes after the baby’s heart rate went flat.

When a physician arrived, meconium was found and progressive deep decelerations of the baby’s heart rate were noted. The attending obstetrician then performed an emergency C-section using only local anesthesia so as not to wait for an anesthesiologist. The obstetrician found that the expectant mother had experienced a placental abruption. The physician observed signs of resulting neurological damage to the newborn later confirmed by radiographic testing.

The baby was later tested and found to have developmental and mental retardation. Given his injuries the baby needs occupational therapy, speech therapy, and physical therapy, and will always need life care. The child is expected to live into his 40’s. The law firm that represented the family reported that it was able to obtain a settlement in the case for $1,100,000, with $60,000 to the parents and the rest to the child.

In this case the nurse was left to monitor the expectant mother’s condition without a physician to supervise her. Well known signs of a placental abruption in a late-term pregnancy are substantial abdominal or lower back pain and persistent vaginal bleeding. The nurse missed or ignored both. The nurse also failed to take immediate action when the tracings from the fetal heart rate monitor going flat. The first doctor did nothing after observing the presence of meconium and the progressive deep decelerations of the baby’s heart rate - both signs that the unborn baby was in severe fetal distress. The C-section was not done until the attending doctor showed up. By the time the baby was born brain damage had already occurred. The failure to respond to indications of the problem that arose during the woman's labor was the basis of the parent’s claim of malpractice. The result: a settlement in the amount of $1.1 million.