Malpractice Lawsuit For Child With Brain Damage After Nurse Failed To Inform Physician Of Fetal Dist

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The medical expression for a vaginal delivery subsequent to a prior C-section is VBAC. VBAC women are known have a greater chance of a ruptured uterus during labor. In these cases the unborn childs much needed oxygen , which is normally received via the placenta, can become restricted. In case this continues for a prolonged amount of time the unborn child may experience brain damage and be left with major lifelong disabilities.

Consider a documented case regarding an expectant mother who went to the hospital for a scheduled natural delivery of her child. She had a C-section in a previous pregnancy but the nurse gave her a drug commonly employed to induce labor. The application of this medication should be properly supervised because it can lead to overstimulation of the uterus and turn into a significant complication especially at higher levels. The nurse did not inform the physician that the pregnant woman's contractions became irregular Instead, as the contractions escalated to clearly unsafe levels, she kept administering greater quantities of the drug.

The baby was deprived of necessary oxygen for a period of approximately 18-20 minutes from what was later determined to be a uterine rupture. The baby was in fetal distress while in this period a condition that can be tracked by a machine which monitors the unborn childs heart rate. The diagnosis: cerebral palsy. As a result, the baby will never be able to talk or to walk. He will never be able to hold anything in his hands. He will never be able to eat on his own. He will always require the use of a feeding tube. He will always need full-time life assistance. He does, though, recognize his family and he is aware. The law firm that handled this matter revealed that the case went to trial and the jury delivered a verdict of $31 Million. This sum included $26 Million for the cost of future medical care.

As this case demonstrates nurses and hospital staff need to be able to realize when problems occur in a pregnancy, need to know and understand the effects and danger signs of the drugs they dispense, and alert the doctor of any symptoms that suggest there is a difficulty happening. Whether the result of a deficiency of training, inexperience, overwork, or communication breakdowns, a failure in any (or as in this case all) of these areas can lead to devastating injuries to the child. When this happens the family (both on their own behalf and on behalf of the baby) might be able to bring a case for malpractice. As this lawsuit additionally reveals - such claims, due to the type and degree of the injury to the baby, can result in a substantial recovery.


About the Author:
Joseph Hernandez is an Attorney accepting birth injury medical malpractice cases. You can learn more about fetal distress and other types of birth injuries including group b strep matters by visiting the websites



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