New York Medical Malpractice Lawyer Blog
A 30-year-old mother won a medical malpractice suit against a hospital. She was awarded $5 million. Her newborn’s birth injuries were the direct result of medical malpractice.
A source reports that medical records submitted to the court for the case show that the plaintiff’s medical history showed nothing to be concerned about in relation to her pregnancy. She had been progressing through her pregnancy normally as was expected. However, her midwife reports that she had to be taken to the hospital in the early stages of labor, dilated to 2cm.
An external fetal monitor was placed on her. About seven hours later, though, the monitor started detecting a decline in the baby’s heart rate, and was failing to show the complete tracing of the mother’s contractions.
The hospital has a standard set of procedures to ensure that the fetus and mother are properly monitored, but the staff – on several different occasions – did not follow that protocol – even when the mother herself began to show signs of distress. A Nassau/Suffolk doctor says that the baby’s position and fluctuations in the baby’s heart rate should have spurred the medical team into faster action, but it did not. And their neglect caused the child to suffer.
Testimonies and court records brought up one incident after another where alternative measures should have been considered. Especially after the plaintiff herself started to show signs of distress, the staff should have been alerted and moved into action, but the medical staff opted to handle the delivery for 12 more hours before the attending obstetrician was finally paged to intervene.
The obstetrician did decided that the baby needed to be immediately delivered, but he decided on vacuum assistance instead of a cesarean. Babies undergo more traumas with the vacuum than with the cesarean. He was able to deliver the baby quickly, but the damage had already been done. Because of the failure of the staff to follow protocol, the child was born with severe brain damage and began to go into seizures shortly after birth.
The emotional and psychological trauma that envelopes a family when a newborn is harmed can be overwhelming. Adding financial stress to that is almost inhumane. That’s why you should not hesitate to contact a New York Medical Malpractice Attorney. Set up a consultation today.