Because of the time it can take from when a woman is admitted to a hospital for labor and delivery before the baby is born nurses are often in charge of checking the woman's labor and delivery. Nurses are supposed to identify indications of problems and maintain physicians informed of problems. Not doing so might cause an injury to the child and might make the nurse liable in a malpractice case.
Doctors are entrusted by pregnant women with the well being of their unborn baby. But doctors often are not present through the entire labor process and leave nurses and staff to keep an eye on the mother's situation. These nurses and staff presumably have the knowledge, training and experience to recognize symptoms of complications and they are responsible for informing the doctor when any do arise. Unfortunately, nurses and staff sometimes fail to satisfy these standards. The consequences of such a failure can leave the child with a permanent and severe injury.
Consider a published case alleging that a expectant mother at full term began contractions and while on the way the local hospital also began having nonstop intense pain. She told the hospital's admitting nurse about the intense pain and told the nurse she felt there was a problem with the pregnancy. She was taken to the Labor and Delivery unit but the nurse did not get in touch with the physician, who had not yet arrived at the hospital, to inform the doctor of this information or the patient's concerns nor did the nurse notify any of the other physicians in the hospital who could have determined that there was a complication.
Acting as though this was normal pregnancy the nurse did not begin monitoring the fetal heart rate right away. As soon as the monitor was attached, however, it was clear that the unborn child was in fetal distress at which point the nurse finally telephoned the obstetrician, who was still not at the hospital. A different doctor from the hospital took charge and performed an emergency C-section. During the surgery it became clear that the woman had suffered an abruption of the placenta which led the unborn child to experience a lack of oxygen causing severe brain injury. The baby will be permanently disabled and has to have full time care.
Clearly, there was at least one doctor already present in the hospital who could have handled the situation earlier had the nurse not ignore the patient's complaints. Clearly, the patient displayed signs early on consistent with a placental abruption. Clearly, the nurse took her time attaching the patient to the fetal heart rate monitor - thereby delaying the time it took to realize the unborn baby was in fetal distress. Clearly, the woman did suffer a placental abruption which did result in the restriction of the baby's oxygen supply and showed up as fetal distress. Clearly, the delay resulted in the baby's severe brain injury. A lawsuit on behalf of the child followed. The law firm that handled the lawsuit documented that there was a settlement for $4.5 million.
Joseph Hernandez is an Attorney focused on complex injury cases, including birth injury medical malpractice cases. You can learn more about placenta abruption and how a birth injury lawyer may be able to assist you by visiting the website
