Medical Malpractice
Obstetrical Negligence $900,000
Type of injuries: Birth
asphyxia causing mild mental retardation and developmental delays
in speech
Court: Providence Superior Court
Amount: $900,000
Case Summary:
Plaintiffs' counsel asserted that the two defendant obstetricians were liable based upon their improper management of this pregnancy by permitting the baby to remain inside of the mother for 25 days past her due date, in light of the known fact that the ability of the placenta to continue to adequately oxygenate a baby in utero diminishes post-term.
The plaintiffs also asserted that there was substandard care on the date of the delivery because of the two defendant obstetricians' failure to deliver this baby significantly sooner than they did. By 9:00 a.m., the mother was in the hospital, and by 10:45 a.m., one of the defendant obstetricians performed a vaginal examination, and it was documented that there was 'very little variability noted on fetal monitor tracing' (a sign of fetal distress). Fifteen minutes later, at 11:00 a.m., the record documents that the fetal heart dropped to 80. The plaintiffs' expert would have testified that this documented lack of variability in the fetal heart rate of this 25 day post-dates baby in utero, with drops in the fetal heart rate to 80, mandated an expedited and immediate delivery by Caesarean section. Both defendant obstetricians were notified of these facts and circumstances, and yet neither took any action to accomplish an emergency Caesarean section. Rather, they permitted the baby to remain in utero where, rather than being rescued from the uterine environment and resuscitated, fetal distress and asphyxia were permitted to continue.
When the baby was finally delivered by Caesarean section at 12:41 p.m., she was indeed found to have suffered asphyxiation, which ultimately manifested itself in mild mental retardation and developmental delays in speech.
The defendant hospital claimed that the fetal monitor strips were lost, and thus never produced them.
Defense counsel were prepared
to present testimony from numerous experts that the defendants'
conduct comported with standards of care, and moreover, that
the placenta demonstrated that the baby's injury occurred earlier
in the pregnancy and was not caused by anything the defendants
failed to do.