The fetal heart rate monitor gives physicians and nurses with invaluable data relating to the health of the unborn baby while the mother is in labor. The data from the monitor is used to track whether the baby is doing well or is in fetal distress. If such indications arise measures should be taken immediately to counteract the situation or to deliver the baby. Not acting right away can lead to serious and permanent harm to the baby. By not acting right away doctors and nurses might be acting in a manner that fails to satisfy the standard of care. If this does lead to injury to the child, these doctors and nurses might be liable for medical malpractice. Consider a published claim regarding what had been an uneventful pregnancy, the pregnant woman was thirteen days beyond her due date. She was hospitalized for a scheduled delivery. After her admission to the hospital, one of the physicians ruptured her membranes in an attempt to augment her labor. An entry in her chart recorded that there was “scant to no amniotic fluid” observed. At some point the fetal heart rate monitor started to exhibit non-reassuring tracings. Yet, 6 hours later medication was used in order to increase her contractions. Even though this drug is known to have the potential of leading to hyperstimulation, the administration of the medication was regularly increased over the course of the next several hours. During this time, the unborn baby’s heart rate exhibited marked late decelerations, an increasing baseline, along with intervals of decreasing variability the medication did nothing to further her labor. On more than one occasion, two nurses tried to counteract the decelerations however neither nurse made any attempt to stop or even decrease the drug being administered. About seven hours following the first time the medication was used, the fetal heart rate started progressively rising, an indication that the baby was trying to compensate for a decrease in the supply of oxygen. At last, almost 4 hours after the signs of fetal distress appeared this physician tried a vacuum extraction. This doctor made nine attempts at vacuum extraction. As the obstetrician attempted the vacuum extraction, the fetal heart rate readings deteriorated to the point suspicious for terminal bradycardia. Now the obstetrician finally ordered an emergency C-section. This physician delivered the baby a little more than one hour after starting the use of vacuum extraction. The woman's chart documented the presence of dense meconium. The baby was not breathing, had no muscle tone, no reflexes, and no heart rate. Resuscitation attempts were able to revive the child. The newborn was transferred to NICU unit where the baby began having seizures. The newborn was later diagnosed with cerebral palsy due to extented oxygen deprivation. The law firm that handled the resulting claim documented that a $4.0 million settlement was reached in the case
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This article considers a malpractice case based on the allegation that physicians and nurses either missed or ignored warning signs that the unborn child of a woman in labor was experiencing fetal distress that required attention right away. Due to this fact, the newborn experienced a prolonged interval without sufficient oxygen and was diagnosed with cerebral palsy. The law firm that handed represented the family reported a settlement in the amount of $4.0 million was reached in the lawsuit.
Joseph Hernandez is an Attorney accepting catastrophic injury and medical malpractice cases. For additional information about fetal distress and other other birth injury matters including group b streptococcus matters visit the website
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