Failure to timely perform C/S results in cerebral palsy
A Massachusetts woman was pregnant with her third child in January 2000. Because the patient’s two prior pregnancies were complicated by prematurity and difficult deliveries, she wanted a cesarean delivery. A cerclage was placed and she went to term, but the obstetrician elected to induce her with oxytocin. The nurses noted frequent contractions with variable decelerations of the FHR. At delivery the infant was depressed, with Apgar scores of 2, 6, and 7. He required assisted ventilation and oxygen, began exhibiting seizures, and was transferred to a children’s hospital the following day. An MRI of the head at 6 days of age showed findings consistent with “hypoxic ischemic” encephalopathy. The child was subsequently diagnosed with cerebral palsy and cannot walk, talk, or sit unsupported. He requires a feeding tube and assistance with all aspects of daily living.
A Massachusetts woman was pregnant with her third child in January 2000. Because the patient’s two prior pregnancies were complicated by prematurity and difficult deliveries, she wanted a cesarean delivery. A cerclage was placed and she went to term, but the obstetrician elected to induce her with oxytocin. The nurses noted frequent contractions with variable decelerations of the FHR. At delivery the infant was depressed, with Apgar scores of 2, 6, and 7. He required assisted ventilation and oxygen, began exhibiting seizures, and was transferred to a children’s hospital the following day. An MRI of the head at 6 days of age showed findings consistent with “hypoxic ischemic” encephalopathy. The child was subsequently diagnosed with cerebral palsy and cannot walk, talk, or sit unsupported. He requires a feeding tube and assistance with all aspects of daily living.
The patient sued and claimed that signs of “fetal distress” were not recognized or responded to appropriately and claimed that the fetus suffered a prolonged lack of oxygen, resulting in his profound brain damage.
The defense argued that there was no evidence on the FHR monitor that warranted a CD. They claimed the fetus suffered injury prior to the patient’s arrival at the hospital. A $4.9 million settlement was reached.
Department Editor Dawn Collins, JDMs. Collins is an attorney specializing in medical malpractice in Long Beach, CA.
She welcomes feedback on this column via email to DawnCF@aol.com.
Single iron infusion in late pregnancy significantly reduces anemia risk
January 22nd 2025A recent study found that a single dose of intravenous iron in the third trimester is superior to oral iron in reducing anemia rates in pregnant women, ensuring better outcomes for mother and baby.
Read More
Study highlights need for interventions to prevent postpartum smoking relapse
January 21st 2025Smoking cessation during pregnancy not only reduces pregnancy complications but also lowers the risk of relapse and new smoking initiation in the first postpartum year, according to a recent study.
Read More
