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Sunday, April 10, 2011

Jury Awards Family Of Child With Brain Damage $31 Million In Malpractice Claim by: Joseph Hernandez

A scheduled vaginal childbirth for a pregnant woman who has previously had a C-section ought to consider that this places the woman at risk of a ruptured uterus. When this happens the unborn baby’s essential oxygen supply, which is normally obtained via the placenta, can become restricted. Depending on the extent and the length of time involved the child could sustain a brain injury which exhibits serious cognitive and neurological difficulties. It is thus essential when scheduling a vaginal delivery for an expectant mother with a prior C-section (known as a VBAC) to take this risk into account. 

Examine a reported claim regarding an expectant mother who went to the hospital for a planned natural delivery of her child. She had a C-section in a prior pregnancy but the nurse administered a drug generally employed to induce labor. The use of this drug , however, should be properly supervised for the reason that it can lead to hyperstimulation of the uterus and turn into a serious problem especially at greater dosages. The nurse did not convey to the physician that the woman started having an "inappropriate contraction pattern." Rather, even though the contractions increased to clearly dangerous levels, the nurse kept using more of the drug. 

The child was denied necessary oxygen for an interval of roughly 18-20 minutes from what turned out to be a uterine rupture. The baby was in fetal distress while in this period – a situation that can be tracked by a machine which monitors the unborn child’s heart rate. The diagnosis: cerebral palsy. Consequently, the child will never be able to talk or to walk. He will never be able to hold anything in his hands. He will never be able to eat on his own. He will always require the use of a feeding tube. He will always need full-time life assistance. He does, though, recognize his family and he is aware. The law firm that handled this matter announced that the lawsuit went to trial and the jury delivered a verdict of $31,000,000. This amount included $26 Million to cover future medical care. 

As this case demonstrates nurses and hospital staff need to be able to recognize when complications arise during a pregnancy, need to know and understand the consequences and danger signs of the drugs they administer, and inform the physician of any symptoms that suggest there is a complication developing. Whether caused by a deficiency of training, inexperience, overwork, or communication breakdowns, a failure in any (or as in this case all) of these areas can lead to devastating injuries to the baby. When this occurs the family (both on their own behalf and on behalf of the baby) may be able to bring a claim for malpractice. As this case likewise illustrates, such claims, because of the type and extent of the injury to the child, can lead to a considerable recovery.

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