Personal Injury Lawyer Blog
(Please note: the names and locations of all parties have been changed to protect the confidentiality of the proceedings.)
After her second call to the main OR, charge Nurse E. went to the main OR herself to see what could be done to expedite the delivery for Ms. Cruz, who was still upstairs in L&D. Nurse E. reported again to Dr. U. and to the main OR nurse the emergency circumstances involving Ms. Cruz. No one volunteered any information as to how best to resolve the situation. There was no discussion about the use of other OBs, or about informing the OR crew that was on the unit, though still in surgery in OR #1.
At 10:10 am,, anesthesia began on the breech patient. At 10:15 am, the FHR baseline on Ms. Cruz dropped to 100 bpm. At 10:20 am, L&D nursing documented absent variability with bradycardia.” The L&D nursing staff communicated this information to Dr. U. while he was operating on the breech patient. In turn, Dr. U. testified that he called for a crash Cesarean section on Ms. Cruz but he gave no further instructions as to how this order would be carried out. After 10:20, Dr. U. testified that he was not further advised of Ms. Cruz’ status.
At 10:25 am, Drs. Z. and C. completed the scheduled abdominal hysterectomy in OR #1. The surgery had begun before Ms. Cruz had even arrived at the hospital. Based on their deposition testimony, neither could recall anyone having advised them during that surgery that an emergency was unfolding either with the breech patient or with Ms. Cruz. Even after the procedure was completed, neither could recall anyone having advised them to stay or to assist with either patient and Dr. U. testified that no one advised him that other OB/GYNs were in the main OR area during this time.
The anesthesia stop time for the hysterectomy patient was 10:30 am. At that approximate time, Dr. X. has testified and provided a declaration under penalty of perjury, that he was the primary anesthesiologist in the OR that morning and that he was to stay in the hospital, but claimed to have been given no further instructions. Ms. Cruz remained upstairs in the L&D unit. Dr. .X. was in fact available at 10:30 a.m. to start anesthesia for Ms .Cruz. Shortly thereafter, pediatrician Dr. W. arrived and waited with Dr. X. for further instructions. At 10:32 am however, nursing notes on the fetal monitoring tracing of Ms. Cruz documented that Dr. X. was at her bedside in L&D.
Amanda Cruz testified that at this approximate time a Caucasian physician with a white coat came to her mother’s room; the nurse informed him that something was wrong with Cruz’ mother, that she needed a Cesarean section, that she was high risk, and the physician remarked that she would have to wait because someone else was being operated on downstairs. To date, the hospital has failed to identify this physician, but the timing places Dr. X. in the patient’s room. Nurse F. never called for an OB/GYN to operate on Ms. Cruz. No one above nurse F. in the chain of command at the hospital was ever asked to become involved in Ms. Cruz’ delivery from the time she had arrived at the hospital. Dr. U. testified that the OR nurse and Dr. X. refused to transport the patient down to the operating room until Dr. U. completed the breech delivery patient.
At 10:38 a.m., the fetal heart rate for Ms. Cruz’ baby was lost. At 10:40 a.m., the breech patient delivered without incident. At approximately 10:52 am, the same nursing notes indicate that the patient was transferred to the OR and that Dr. U. had requested general anesthesia, but that Dr. X. insisted on spinal analgesia. At that same time, the FHR monitor ended (when disconnected for transfer). (See Part 7 of 11.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.