Minor plantiff's mother was expecting the birth of her first child and was sent to the hospital for Pregnancy Induced Hypertension evaluation. On June 6, 1998, after a reactive Non-Stress Test the plaintiff's mother was sent home to resume normal activity.
On July 13, 1998, the mother was again seen for a prenatal visit and sent to the hospital for evaluation of decreased fetal movement. During this visit the mother had another reactive NST and PIH labs that returned normal results.
The exam notes positive fetal movement and the mother was sent home on PIH precautions with instructions to come back the next day for a blood pressure check.
On July 14, the mother returned for a scheduled blood pressure check. During this visit, the mother was having irregular contractions, which was noted, and again she was sent home with PIH precautions. On this date, there was no mention whatsoever of any decreased fetal movement .
The following day, July 15, the mother called her doctor to report decreased fetal movement. She was told to drink something sweet and if there was no improvement in an hour, then she should go to the hospital.
When things didn't improve the mother went to the hospital where she was sent to the triage area of Labor and Delivery for an NST, which was Non-Reactive. The doctors then ordered a Biophysical Profile which was noted to be 2/8 (2 for fluid). That score would have been 8/8 for a normal and healthy child.
The NST and BPP were both clearly abnormal and indicated an urgent need to immediately have the child delivered.
The defendant obstetricians were aware, as early as 6 p.m. on July 15, of the non-reassuring fetal testing. However, instead of moving for immediate cesarean section operation, the defendants doctors performed an oxytocin challenge test (OCT). The minor plaintiff's mother was put on the fetal monitor at 6:35 p.m. and the OCT was started at 7:10 p.m.
Record indicates strong, regular contractions at 7:15 p.m. Later on the defendant nurse testified that she was listening to the baby’s heart rate and after the contraction ended she was hearing the heart rate go down.
The nurse said that the strip for the first 20 to 25 minutes of the test was not reactive, with minimal variability. The medical record did not show any indication that the attending doctor performed an exam to ensure fetal well being. Despite the strips, the Pitocin was increased and the challenge test continued.
Medical record reveals that at 8:00 p.m. the attending obstetrician studied the fetal monitor tapes. In spite of what he saw on the strips he failed to order an immediate c-section.
It was only after 9:00 p.m. when the plaintiff's mother ruptured her membranes that revealed meconium stained fluid when the decision for a c-section was made.
The baby was delivered at 10:04 p.m., with apgar scores of 1/4/7/8 at 1, 5, 10 and 15 minutes, respectively.
Soon after delivery, the minor plaintiff developed multiple medical problems indicating severe hypoxic ischemic encephalopathy also known as brain damage.
After discharge, the baby was diagnosed with cerebral palsy, acquired microcephaly and spastic quadriparesis.
Today the child continues to have seizures, feeds by G-tube, cannot speak, cannot sit unsupported and is confined to a wheelchair.
During the course of litigation, the defendants said that the standard of care allowed for a “Trial of Labor” or oxytocin challenge test (OCT) in the setting of a non-reactive non-stress test and abnormal BPP.
The defense also alleged that the child's injuries occurred within 12 to 24 hours before the mother’s arrival to the hospital on July 15, and that earlier delivery would not have improved the baby's condition at birth.
Trial was schedule to begin on June 2, 2008, but was settled for $4.85 million before that time.
Showing posts with label cerebral palsy. Show all posts
Showing posts with label cerebral palsy. Show all posts
Wednesday, November 5, 2008
Saturday, November 1, 2008
Cerebral palsy and medical lawsuits
Cause of action
You have a legal cause for medical or doctor malpractice if any or both conditions are true:
Damages
Other experts are also needed ranging from nursing experts, economists, future life care planners (cost of past and future medical treatments, nursing care, education, evaluations, home care, modifications, etc.) to other experts needed to prove the injuries and damages suffered by the child and the parents.
Cerebral palsy attorneys' fees
All cases are handled on a contingency fee basis. This means that unless a recovery has been made, the cerebral palsy attorneys will not charge for their time, expenses or other costs incurred in pursing the case. If a settlement has been made, then the cerebral palsy attorneys will receive their fee and legal costs expended on the case. All attorney's fee contracts should always be in writing, clearly stating the terms of the contract.
Other expenses and costs
The client's file contain a record of all expenses and costs in the case. The record is open for viewing and backed up by written documentation. In the majority of cases that involve severe injuries to a child, the local court judge will assign an attorney (often at the defendant's cost) to review the facts, allegations, and evidence of the case and the expenses.
This attorney will actually appear before the court and present to the judge his or her recommendation to the settlement.
This procedure is designed to protect the child’s interest, to prevent parents or guardians from taking advantage of the settlement and to insure that the money set aside for the child will always be available when the child needs them and not wasted by others.
You have a legal cause for medical or doctor malpractice if any or both conditions are true:
- Your baby has been diagnosed with Cerebral Palsy and you have reason believe that the doctors', nurses', and hospital staff's actions or omissions were the cause of your child’s present condition.
- You have been informed that the diagnosis or symptoms indicate that a birth trauma or birth injury may have injured your child.
- There must be a negligent act and/or omission by any medical professional, which includes doctors, hospitals, nurses and other health care provider.
- The negligent act or omission must be the proximate cause or contributed to the injuries or damages to the child.
- there must be a departure from the generally accepted standard of care that caused the injury.
Damages
Other experts are also needed ranging from nursing experts, economists, future life care planners (cost of past and future medical treatments, nursing care, education, evaluations, home care, modifications, etc.) to other experts needed to prove the injuries and damages suffered by the child and the parents.
Cerebral palsy attorneys' fees
All cases are handled on a contingency fee basis. This means that unless a recovery has been made, the cerebral palsy attorneys will not charge for their time, expenses or other costs incurred in pursing the case. If a settlement has been made, then the cerebral palsy attorneys will receive their fee and legal costs expended on the case. All attorney's fee contracts should always be in writing, clearly stating the terms of the contract.
Other expenses and costs
The client's file contain a record of all expenses and costs in the case. The record is open for viewing and backed up by written documentation. In the majority of cases that involve severe injuries to a child, the local court judge will assign an attorney (often at the defendant's cost) to review the facts, allegations, and evidence of the case and the expenses.
This attorney will actually appear before the court and present to the judge his or her recommendation to the settlement.
This procedure is designed to protect the child’s interest, to prevent parents or guardians from taking advantage of the settlement and to insure that the money set aside for the child will always be available when the child needs them and not wasted by others.
Cerebral palsy information
Cerebral palsy is a medical condition caused by damage to the brain. Often, this condition occurs immediately before, during or shortly after birth. Cerebral palsy results in a loss of voluntary muscular control and coordination.
Types of cerebral palsy:
Cerebral palsy is incurable, but with the right therapy, education and a lot of medical assistance, some patients were able to lead productive lives.
In severe cases, however, where there is total loss of coordination or even paralysis, patients may be totally dependent on external assistance from family and medical communities throughout their entire lives.
One of the causes of Cerebral Palsy is lack of oxygen during birth.
Oxygen deprivation that leads to cerebral palsy can be due to a number of reasons:
Here's a list of some important cerebral palsy symptoms:
If your child has been diagnosed with cerebral palsy, and you believe that it may have been caused by a medical mistake or medical negligence (doctor malpractice), then read more about cerebral palsy law, where to find cerebral palsy attorneys and how to file a malpractice or medical lawsuit.
Types of cerebral palsy:
Cerebral palsy is incurable, but with the right therapy, education and a lot of medical assistance, some patients were able to lead productive lives.
In severe cases, however, where there is total loss of coordination or even paralysis, patients may be totally dependent on external assistance from family and medical communities throughout their entire lives.
One of the causes of Cerebral Palsy is lack of oxygen during birth.
Oxygen deprivation that leads to cerebral palsy can be due to a number of reasons:
- Premature separation of the placenta,
- baby is too large for the birth canal or pelvis,
- too long or too abrupt of labor,
- awkward and/or breech deliveries,
- cord entanglement,
- excessive pitocin,
- shoulder dystocia,
- failure to order timely cesarean (c-section),
- placenta abruptus,
- excessive force or use of vacuum or forceps, and
- ruptured uterus.
- low apgar scores,
- acidosis (low ph),
- blue skin tone,
- seizures,
- cerebral edema,
- difficulty breathing on its own, and
- severely bruised at birth (this may serve as evidence of forced delivery or excessive trauma).
Here's a list of some important cerebral palsy symptoms:
- Hypoxic-ischemic encephalopathy,
- birth asphyxia ,
- static encephalopathy ,
- neonatal depression ,
- traumatic birth, and
- developmental delays.
If your child has been diagnosed with cerebral palsy, and you believe that it may have been caused by a medical mistake or medical negligence (doctor malpractice), then read more about cerebral palsy law, where to find cerebral palsy attorneys and how to file a malpractice or medical lawsuit.
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