The following blog entry is written to illustrate an example of a birth injury case. Reviewing this kind of lawsuit should help potential plaintiffs and clients better understand how parties in personal injury cases present such issues to the court.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this birth injury lawsuit and its proceedings.)
Although the fetal monitor did not show any distress at that time, at 10:52 a.m., the perinatologist ordered a delivery by C-section, which was then scheduled for noon. At 11:00 a.m., a labor and delivery nurse came in to take over care from the antenatal nurse since a C-section had been ordered. The nurse claimed that she did not know that the doctor had ordered continuous fetal monitoring and canceled the bathroom privileges when he ordered the C-section. The nurse started to prep the mother for surgery, but the mother had to go to the bathroom, so the nurse discontinued the monitor. She then went to get a surgical cap for the mother and was told that the surgery was being delayed because another patient arrived by ambulance with premature twins that needed an emergency C-section.
At 12:40 p.m., another L&D nurse came in to take over the care, and she was made aware that the fetus was not on the monitor. She attempted to find the fetal heart rate but could not find the heartbeat because of the transverse lie. At 12:59 p.m., the nurse called to the nurses’ station for assistance. Two other L&D nurses came into the room at 1:01 p.m., but they also could not find the heartbeat on the monitor. At 1:05 p.m., the nurse called the doctor who was at the nurses’ station.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
He arrived in the room at 1:08 p.m. and then confirmed a fetal heart rate in the 40s on an ultrasound that had been brought into the room. At 1:12 p.m., the doctor ordered a stat C-section. Plaintiff was then delivered at 1:23 p.m. with Apgar scores of 0/0/0 and an umbilical cord pH of 6.8. The baby underwent brain cooling, and later, at three months of age, he had a shunt placed for hydrocephalus and a g-tube placed for feeding. Since his discharge from the hospital, his parents have provided his care.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.