Personal Injury Lawyer Blog
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.)
CASE INFORMATION
FACTS/CONTENTIONS
According to Plaintiff: Plaintiff, age 19, who was diagnosed with Systemic Lupus Erythematosus (“SLE”) at age 9, became pregnant and was referred to a high-risk perinatal group for prenatal care. She was able to carry the pregnancy to term without any major problems or complications due to SLE. She entered defendant medical center in January 2006 with a mild flare-up of her SLE. Her rheumatologist said it was okay to induce labor. However, she was discharged home the next day.
Plaintiff returned on February 4, 2006 with labor contractions. She was then admitted to the L&D unit at 1:00 p.m. and was seen by the perinatologist on call, who confirmed that the fetal monitor showed a reactive tracing with good variability.
At 7:00 p.m., there was a change in coverage, and plaintiff was assigned an L&D nurse who worked as a traveling nurse on a short-term contract. By 1:06 a.m. on February 5th, plaintiff was 8 cm dilated, 90 percent effaced, with a -2 station, and she had been given an epidural for pain relief. The FMS continued to show a reactive tracing. At 1:31 a.m., the nurse started Pitocin. At 2:22 a.m., the charge nurse ruptured the membranes and there was clear fluid. At 4:45 a.m., the on-call perinatologist determined that the patient was completely dilated and she was instructed to push. The FMS at this time showed some late decelerations, but the perinatologist thought that the fetus was still healthy at this time and left the room.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
At 5:03 a.m., the nurse lowered the Pitocin, and at 5:11 a.m., she stopped the Pitocin. She claimed that she then called the perinatologist and told him about the continued late decelerations despite the Pitocin being turned off. At 6:09 a.m., the nurse re-started the Pitocin, but turned it off again at 6:54 a.m. At 7:13 a.m., the nurse spoke to the perinatologist, who told her that he would make a decision about the patient in an hour, since he felt that the FMS was reassuring.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.