Our client sought the services of the physician for her third pregnancy. The doctor knew that her first pregnancy culminated in a vaginal delivery and resulted in some residual lower extremity nerve injury and that the second pregnancy was then managed by a planned Cesarean section delivery. When our client was admitted to the hospital in labor, her labor and delivery were attempted to be managed by a vaginal delivery with the administration of Pitocin to augment the labor process and stimulate uterine contractions. During the labor and delivery process, she and her infant son were not benefitted by a timely evaluation by the doctor nor were they benefitted by his immediate availability and physical presence within the confines of the hospital. During labor, she suffered tearing and extensive rupture of her uterus, resulting in her infant son being expelled from her uterus into her abdomen. This resulted in extensive hemorrhage and blood loss to the client and decreased blood and oxygen supply to her infant son prior to the eventual emergency surgical delivery being completed. This resulted in a 50 minute delay from the onset of fetal distress and uterine rupture until the Cesarean incision was made.
The clients endured an agonizing two months of constant custodial care which was necessary for them to deliver to their impaired and slowly dying son who died a couple of months following his birth. A panel of three of the treating doctor’s peers found that his care and the hospital’s care fell well below the standard of care. The case was settled prior to going to trial.