Suspected medical malpractice results in birth injury lawsuit

Posted on behalf of Stewart Bell, PLLC on Mar 12, 2012 in Medical Malpractice

When thinking back to the birth of a child, most parents in West Virginia view the event as an exciting and joyous occasion. If, however, things don't go as expected or there are complications that result in birth injuries the occasion can quickly turn into a nightmare.

One couple recently filed a medical malpractice lawsuit against the hospital where their son was born, as well as two doctors and several nurses. The mother, who had enjoyed an uneventful and healthy pregnancy, was 38 weeks pregnant when she underwent an elective induction. Prior to the induction, the mother discussed what drugs would be used with her doctor. The doctor advised using both Misoprostol and Oxytocin citing she had administered these drugs in the past without any adverse issues.

While in labor, a drop in fetal heart rate was detected and the mother was advised to push. The doctor then attempted to deliver the baby using vacuum extraction. The baby's heart rate continued to decline and all natural methods to deliver the baby were abandoned and a Caesarean section was ordered.

Medical records indicate the mother had a ruptured uterus with fetal expulsion during the Caesarean surgery and that the unborn baby's heart rate had been abnormally slow for nearly 40 minutes by the time he was delivered. Upon delivery, staffers noticed several problems including a continued decreased heart rate, respiratory distress and seizures.

The baby was airlifted to another medical facility where it was observed that he continued to suffer from respiratory depression and seizures. A year after the baby's birth, another doctor diagnosed the child with a form of cerebral palsy.

The medical malpractice lawsuit contends the doctors and nurses involved failed to properly monitor and respond to the baby's decreased heart rate which ultimately resulted in damage to the child's central nervous system. The lawsuit is currently pending.

No parent or innocent child should have to ensure the life-long emotional, physical and financial burdens that often result from birth injuries. While nothing can right the mistakes that were made, medical professionals should be held accountable for their negligence.


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