Doctor Is Found Liable By Jury For Malpractice For Abdicating Treatment of Unborn Baby In Fetal Dist
Consider the following case:
An expectant mother went to the hospital for the scheduled delivery of her baby. The physician was not there when she arrived and therefore she was given an examination by a nurse who noticed meconium in the amniotic fluid in addition to abnormal readings from the fetal heart rate monitor. The heart rate tracings were not reassuring. The nurse apprised the doctor. Having received the information the doctor still chose to wait longer before going to the hospital. He failed to ask that another physician take over and instead has the nurse disconnect the fetal heart rate monitor, the one essential technology that could provide information concerning the status of the baby.
In all, the physician did not make it to the hospital for almost 7 hours. The physician at last saw her only to pass her treatment over to a covering doctor. Upon learning of the nurse's findings that doctor performed an emergency C-section. The damage had already taken place. The baby now had brain damage. The baby had experienced a lack of oxygen for too long and had sustained brain damage by the time the covering physician performed the C-section. The baby was left with permanent disabilities including the retardation of mental and physical abilities, the need for a feeding tube, and a seizure disorder. The law firm that handled this claim reported that they took the case to trial and attained a $7.2 Million verdict, interest included.
As this case demonstrates there are times when physicians and nurses do not act with the urgency commensurate with the risk that some labor complications present. What occurred in the lawsuit discussed above is beyond comprehension. First, after being informed of several abnormal indications by the nurse the doctor did not just choose to hold off on going to the hospital but in fact instructed the nurse to disconnect the monitor - the one source of critical information about the health of the unborn baby. It is almost as if the doctor did not want to be informed of complications.
The nurse could have advised a different doctor of the situation. Instead, the nurse deferred to the physician's rank and authority. After ultimately arriving at the hospital and seeing the expectant mother the physician passed her care to another doctor. However, despite the fact that by all signs the other doctor acted correctly, it was too late to avoid permanent harm to the child.
An unborn child is at risk of severe and irreversible injuries when physicians and nurses do not take immediate action in the face of indications of fetal distress. The lawsuit also shows that when this occurs these doctors and nurses may be held liable for not taking appropriate actions and hence not meeting the applicable standard of care. When they fall short and their actions or lack of actions result in an injury to a baby they may be subject to a medical malpractice claim. Because of the severity of the injury to the infant the compensation from such cases can be substantial.
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