Medical Malpractice

$3,000,000 RECOVERY – Medical Malpractice – Defendant nurse/midwife temporarily detaches fetal monitor despite signs of fetal distress – Precipitous drop of fetal heart beat when mother is placed on monitor again – Failure to follow hospital protocol requiring presence of attending physician once it is apparent that surgical delivery will be needed – Hypoxic ischemic encephalopathy spastic quadriplegia – Profound mental retardation.

Monmouth County, New Jersey

This was a medical malpractice action involving an infant plaintiff in which the plaintiff contended that the defendant nurse midwife, who was the primary care provider to the 16-year-old mother, a Medicaid patient, negligently permitted the mother to be detached from the fetal monitor for 10-15 minutes after approximately five or six hours of labor despite signs of fetal distress, such as variable deceleration. The plaintiff also contended that when the plaintiff was reattached to the monitor, the fetal heart beat precipitously dropped and that the defendant nurse midwife, negligently failed to realize that an attending ob/gyn was required immediately. The plaintiff contended that as a result, the delivery was delayed, resulting in perinatal asphyxia that caused hypoxic ischemic encephalopathy manifesting in profound mental retardation and spastic quadriplegia. The plaintiff also named a third-year resident whom, the plaintiff contended should have immediately summoned the attending ob/gyn when upon observing the fetal distress. The resident made three unsuccessful attempts at a vacuum extraction before calling for the attending ob/gyn, who completed the delivery in six minutes, which was 28 minutes after the fetal heart beat initially fell to 90.

The case settled prior to trial for $3,000,000.

Reference

Pltf: Shannon. Docket no. MON-L-1715-99; 9-04. The Law Office of Miller & Gaudio PC in Red Bank.