Because fetal distress is a dangerous complication in pregnancy that often includes a diminished oxygen supply to the unborn infant. Fetal distress commonly comes about if the unborn child's oxygen supply is somehow restricted. Fetal distress is noted by monitoring the unborn baby's heart rate. Under specific situations, like when the heart rate falls below a specified level, instant measures such as an emergency C-section is required. Below we consider the issue of liability in a reported claim involving a delay of approximately two hours in reacting to signs of fetal distress. We also look at the ensuing damages and the amount of the settlement.
A doctor is notified that his patient, who is pregnant, had been taken to a nearby hospital subsequent to having taken a fall. The patient had undergone an ultrasound at the hospital in order to check for any damage to her baby and the ultrasound had been interpreted as demonstrating no injuries. Given that the hospital did not have a fetal heart rate monitor she was going to be taken to a second hospital, her obstetrician was advised that she was being sent and the physician agreed to meet her at the second hospital.
After being transported to the second hospital, the patient was set up with a fetal heart rate monitor which was read by the labor and delivery nurse as indicating that the patient's unborn baby was in fetal distress. Given that the patient's obstetrician had indicated he would see his patient there, the nurse considered that the appropriate course of action was to hold out for the obstetrician to get there, even as she saw that the fetal distress was worsening.
For the following 2 hours the nurse kept postponing notifying a different physician that the unborn child was in fetal distress. She did nothing until the monitor suggested that the baby's heart rate had precipitously dropped to dangerously low levels. At that point the nurse finally informed another obstetrician at the hospital of the problem. This doctor carried out an emergency C-section immediately and realized that the reason for the fetal distress was that the pregnant woman had suffered a placental abruption which had restricted the baby's oxygen supply.
But the patient's obstetrician went home instead of going to the hospital as he had said he would - basically abandoning the woman and her baby and making him a defendant in the lawsuit. Believing the doctor was on the way the nurse at the second hospital, who might routinely have instantly notified another doctor of the fetal distress, waited and continued to wait for 2 hours for a doctor who would never appear.
At birth the newborn was non-responsive. Despite the fact that the medical staff tried resuscitative measures they could not revive the baby. Here the law firm that represented the family reported that the case settled for $750,000. This lawsuit shows both (1) a doctor's duty to follow up on the care of a patient once he agrees to do so and (2) a nurse's duty to make certain that a doctor is notified without delay in the event that signs of fetal distress are detected.
Joseph Hernandez is an Attorney accepting birth injury cases. To learn more about fetal distress and erbs palsy visit the website
