$1,000,000 Claim Follows Mistakes By Medical Staff Leading To Death Of Infant by Joseph Hernandez

$1,000,000 Claim Follows Mistakes By Medical Staff Leading To Death Of Infant
by: Joseph Hernandez

It is estimated that twenty-seven in every 1000 newborns endure a birth injury. There are many complications that can arise during pregnancy as well as during labor and delivery. A number of of these issues can jeopardize the health and perhaps the life of the baby and the expectant mother. One particular complication is a placental abruption. A placental abruption occurs when the placenta which encases the unborn baby separates from the mother’s uterus early. When this happens the blood vessels in the region are torn apart. The ensuing loss of blood contributes to a drop in the oxygen supply getting the unborn child. A lack of required amount of oxygen for an prolonged length of time may bring about brain damage and can actually lead to a stillbirth.

A bad medical result, such as a birth injury does not inevitably mean that a health care provider made an error that caused the injury. Medical malpractice is centered on those cases where the doctor’s or nurse’s treatment failed to satisfy the medical standard of care and resulted in the injury. In one reported case after was a delay in diagnosing a placental abruption the baby was delivered with drain damage which is known to be correlated to a placental abruption. As the report indicates there was a settlement between the defendants and the parents resolving a lawsuit filed by the parents claiming medical malpractice.

The lawsuit was based on the events that took place when a young nineteen year old pregnant woman in the early stages of labor was admitted to the hospital. The expectant mother complained of constant abdominal pain. After examining her the obstetrical nurse noted constant uterine contractions and a hard abdomen. Soon after, the mother began to have vaginal bleeding, which was so heavy that it required continual changing of towels underneath her. Instead of immediately advising a doctor, the nurse showed the mother where the linen closet was in her room so that she could replace the towels herself.

The expectant mother then started having severe pain after being at the hospital four to five hours. The nurse still did not notify a physician. Rather the nurse gave the woman pain medication. About five minutes later, the fetal heart rate went flat. The nurse concluded this was just caused by a response to the pain medication. The nurse failed to even attempt to exclude a lack of oxygen to the baby as the reason. It took her another fifty minutes after the monitor went flat to finally call a physician.

Once a doctor was called in the doctor noted meconium and observed that the baby’s heart rate showed progressive deep decelerations. The attending obstetrician then arrived and did an emergency C-section with only local anesthesia as he could not wait for an anesthesiologist. The doctor saw that placental abruption had occurred. The doctor observed signs of resulting neurological damage to the baby later confirmed by radiographic testing. Testing in time showed that the child had developmental and mental retardation. Given his injuries the baby needs occupational therapy, speech therapy, and physical therapy, and will forever require life care. He has a life expectancy into the 40’s. The law firm that represented the family reported that they were able to achieve a settlement in the amount of $1.1 million. Of that amount, $60,000 was for the parents. The remainder, part of which was paid as a cash payment and the rest as a structured settlement, was for the child.

In this case the nurse was responsible for monitoring the expectant mother’s progress without a physician to supervise her. Recognizable signs of a placental abruption in a late-term pregnancy are severe abdominal or lower back pain and persistent vaginal bleeding. The nurse failed to attempt to rectify the situation or even let a doctor know that the expectant mother presented with both signs In addition the nurse missed the significance of the tracings from the fetal heart rate monitor going flat. The first physician did nothing after observing the presence of meconium and the progressive deep decelerations of the baby’s heart rate - two indications that the unborn child was in severe fetal distress. It was not until the arrival of the attending obstetrician that an emergency C-section was performed. By then the damage had been done. The lack of responsiveness to signs of complications formed the basis of the parent’s claim of malpractice. The outcome: a settlement for $1,100,000.

About The Author

Joseph Hernandez is an Attorney accepting birth injury medical malpractice cases. You can learn more about placental abruption and other birth injury matters including group b streptococcus matters by visiting the websites

The author invites you to visit:
http://www.medical-negligence-law.com