Failure to Recognize Fetal Distress

Our client sought the services of the obstetrician for her first pregnancy. During the labor and delivery process, she and her infant son were not benefited by an appropriate and accurate assessment for the need to induce labor. The physician and obstetrical nursing staff failed to timely and appropriately respond to signs and symptoms of fetal distress during the labor process; to appropriately and properly assess the need to attempt a vacuum extraction delivery; to appropriately perform a vacuum extractor delivery; to appropriately assess the need to utilize a second type of forceps for said delivery subsequent to a prolonged use of a vacuum extractor for delivery of the infant; and ultimately, to perform a Cesarean section delivery in a timely manner.

The fetal distress caused the baby to suffer a permanent neurological birth related injury. He suffered multiple skull fractures, with subarachnoid hemorrhage, facial palsy and seizure activity within the first few hours of life. Now in preschool, the child suffers from delayed speech and delayed fine motor skill’s development. His employability in the future is at best uncertain, but certainly limited. The case was settled without having to go through the medical review panel process and court system.

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