Nurse's Failure To Detect Symptoms Of Placental Abruption Leads To Baby's Brain Injury

A placental abruption is a complication wherein the placenta that retains the baby detaches from the expectant mother's uterus. This is a dangerous complication that may put the unborn baby at risk of significant harm and death unless immediate action is taken. Among the most common symptoms of placental abruption are continual abdominal or back pain, vaginal bleeding, and continuous contractions. Any delay in realizing the presence of a placental abruption and performing a C-section may result in severe injury to, or possibly the death of, the unborn child.

For example, consider what happened in a documented claim involving a young expectant mother. She was a nineteen year old expecting the birth of her first child and was admitted to the hospital presenting with continuous abdominal pain. After examining her the obstetrical nurse documented that the mother had constant uterine contractions and a hard abdomen.

Not long after the young pregnant woman began having heavy vaginal bleeding that. needed continuous changing of towels to soak up the blood. The nurse's one focus appeared to be that the woman keep from staining her bedclothes. Instead of the nurse notifying a doctor right away of this complication, the nurse showed the mother where the linen closet was in the room so that she could swap the towels herself.

In addition to the vaginal bleeding and contraction pattern (which are known symptoms of a placental abruption) the young pregnant woman started having severe pain (a known symptom of a placental abruption) after being at the hospital some four to five hours.The nurse responded by administering pain medication. Within five minutes of this, the fetal heart rate monitor showed that the baby's heart rate had gone flat. The nurse chalked the situation up to a response to the mother being given the pain medication. The nurse thus not only failed to notify a doctor, the nurse did not make any attempt to awaken the baby in order to make sure hypoxia was not involved. The nurse finally contacted a doctor approximately fifty minutes after the baby's heart rate went flat.
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When a physician did arrive, meconium was found and progressive deep decelerations of the baby's heart rate were noted. The attending obstetrician then performed an emergency C-section. There was no anesthesiologist available at the time and so the physician performed the C-section using only local anesthesia. During the procedure, the physician saw that placental abruption had occurred. The physician observed signs of ensuing neurological damage to the baby later established by radiographic testing. The child was later diagnosed with developmental and mental retardation.

A malpractice lawsuit was filed on behalf of the parents and the child alleging that the injury to the child was avoidable had the nurse realized that there was a serious complication in the pregnancy and notified a doctor of the situation. In an attempt to lessen the amount of the settlement, the defense argued that the child was only expected to live to be approximately 10 years old and would not benefit from the therapy so the cost of the therapy should not be part of the settlement. The child needs occupations therapy, speech therapy, and physical therapy. The law firm that represented the family reported that they were able to reach a settlement in the amount of $1,100,000. Of that amount, $60,000 was for the parents. The remainder, a portion paid as a cash payment and the rest as a structured settlement, was for the child.