Any of several problems can severely restrict the amount of oxygen reaching an unborn baby, causing the baby to be in fetal distress. If the baby loses necessary oxygen for a prolonged time frame the baby can die or be left with lasting impairment such as brain damage, cerebral palsy, blindness, and seizure disorders. If an expectant mother is admitted for labor and delivery doctors and nurses need to carefully monitor her and her unborn baby and they are supposed to possess enough knowledge, training and experience required to identify and react to indications of fetal distress.
The following case is an example.
Look at a noted claim in which an expectant mother checked in at the hospital to give birth to her baby. Her physician, though, was not present yet. In the doctor's absence a nurse therefore examined the woman. In her record, the nurse described that the amniotic fluid contained meconium and that the fetal heart rate monitor showed abnormal readings. The readings were suspect for fetal distress. The nurse updated the doctor by phone but did nothing else. The physician, rather than heading to the hospital without delay, chose to wait and instructed the nurse to keep observing the patient. The nurse disconnected the fetal heart rate monitor, the one mechanism available to keep track of the baby’s condition.
Seven hours passed before the doctor eventually arrived. The physician finally saw the woman only to pass her treatment over to a covering physician. Upon learning of the nurse’s findings that physician performed an emergency C-section. The damage had already been done. The newborn suffered brain damage. The newborn had gone through a prolonged period of oxygen deprivation and had suffered brain damage by the time the covering physician performed the C-section. Due to the brain damage, the child will experience 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 that at trial the jury returned a verdict of $7,200,000 (including interest).
As this case illustrates there are times when physicians and nurses do not respond with the immediacy commensurate with the risk that particular labor complications present. What took place in the case above is inexplicable. First, despite the fact that the physician was told about multiple abnormal signs by the nurse the doctor not only decided to delay going to the hospital but actually instructed the nurse to remove the monitor. It is almost as if the physician did not want to be told of further indications of complications.
The nurse might have notified a different physician of the situation. But, the nurse deferred to the doctor’s rank and authority. After at last showing up at the hospital and seeing the woman the physician turned over her care to another physician. However, regardless that by all evidence the other doctor acted properly, it was too late to prevent irreversible harm to the infant.
The following case is an example.
Look at a noted claim in which an expectant mother checked in at the hospital to give birth to her baby. Her physician, though, was not present yet. In the doctor's absence a nurse therefore examined the woman. In her record, the nurse described that the amniotic fluid contained meconium and that the fetal heart rate monitor showed abnormal readings. The readings were suspect for fetal distress. The nurse updated the doctor by phone but did nothing else. The physician, rather than heading to the hospital without delay, chose to wait and instructed the nurse to keep observing the patient. The nurse disconnected the fetal heart rate monitor, the one mechanism available to keep track of the baby’s condition.
Seven hours passed before the doctor eventually arrived. The physician finally saw the woman only to pass her treatment over to a covering physician. Upon learning of the nurse’s findings that physician performed an emergency C-section. The damage had already been done. The newborn suffered brain damage. The newborn had gone through a prolonged period of oxygen deprivation and had suffered brain damage by the time the covering physician performed the C-section. Due to the brain damage, the child will experience 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 that at trial the jury returned a verdict of $7,200,000 (including interest).
As this case illustrates there are times when physicians and nurses do not respond with the immediacy commensurate with the risk that particular labor complications present. What took place in the case above is inexplicable. First, despite the fact that the physician was told about multiple abnormal signs by the nurse the doctor not only decided to delay going to the hospital but actually instructed the nurse to remove the monitor. It is almost as if the physician did not want to be told of further indications of complications.
The nurse might have notified a different physician of the situation. But, the nurse deferred to the doctor’s rank and authority. After at last showing up at the hospital and seeing the woman the physician turned over her care to another physician. However, regardless that by all evidence the other doctor acted properly, it was too late to prevent irreversible harm to the infant.
An unborn child is at risk of serious and lifelong harm when doctors and nurses do not take immediate action in the face of signs of fetal distress. The claim also shows that when this occurs these physicians and nurses might be held accountable for not taking suitable actions and therefore not meeting the applicable 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 may be subject to a medical malpractice claim. Given the severity of the harm to the child the compensation from such claims can be significant.
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