Overlook Signs Of Fetal Distress And Medical Staff Responsible Might Risk A Malpractice Claim

Residents and nurses are regularly given much of the responsibility for the care of a pregnant woman while she is in labor. The idea is that the resident or nurse will carefully monitor the patient and will promptly take action or bring in a senior doctor if a complication develops. Regrettably this is not always what happens,

Consider, for example, the following documented case.

The case involves allegations that a 28 year old woman expecting the birth of her first child was nearly at 41 weeks in the pregnancy when she experienced spontaneous labor and was transported to the hospital. Once at the hospital a fetal heart rate monitor was attached. For the next 10 1/2 hours the patterns shown on the fetal heart rate monitor were normal but then the patterns changed. The change was a sign that the unbo
child was in fetal distress.

In roughly 1 hour and 40 minutes subsequent to the change in pattern the mother's membranes ruptured. Meconium was seen in the amniotic fluid. This was the next sign that the unbo
child was in fetal distress.

After an additional 15 minutes her cervix was still barely more dilated. Another 30 minutes and at this point the baby's heart rate changed dramatically. But there was no effort made to use additional equipment to get a more accurate determination the baby's heart rate. Nor did they test the baby's scalp pH in order to assess the baby's condition. And the staff, comprised of two nurse midwives, a staff nurse, and a resident, did not call the obstetrician in charge. It took more than 2 additional hours for the woman's cervix to be finally fully dilated. The staff then had her begin pushing.

It took nearly another 90 minutes before the baby was finally delivered. During those 90 minutes the baby’s heart rate would periodically stop registering. This means that there was no way for the staff to assess the baby’s health. Again, however, no measures were taken by the staff to establish the baby’s status. And the staff failed to call the obstetrician in charge until mere moments prior to the birth of the baby. At birth the baby's Apgar scores, a gauge of the baby's well-being, were very low. Testing of the pH of the baby’s umbilical cord showed a high level of acidity. Given the baby's dire condition a consultation was requested from the attending emergency room pediatrician who examined the newbo
roughly seven minutes after his birth. The baby demonstrated no reflexes and started having seizures shortly thereafter.

Testing later disclosed that he had endured a hypoxic brain injury a consequence of the getting a diminished about of before being delivered. He was unable to hear, could not see, and could not react on his own. He died less than two years later from complications of his condition. The law firm that assisted his parents pursued claims on their behalf naming as defendants the 2 nurse midwives, the staff nurse, and the resident for the failure to react to the signs of fetal distress leading to a prolonged period with a lack of necessary oxygen which led to the child's injuries and to his death less than 2 years later. The law firm described the resolution of the case as consisting of a settlement on behalf of the parents for $2.0 million.

It is clear that nurses and residents do not have the same level of expertise as senior doctors. This can result in the failure to appreciate the urgency of a developing pregnancy complication which can end in significant injuries to the child.

When this happens a birth injury atto
ey may be able to help the parents in deciding whether to pursue a medical malpractice claim on behalf their child and possibly on their own behalf as well. Since there are limits to the amount of time within which such a claim has to be filed, a birth injury atto
ey should be consulted right away.