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Trial Results In Jury Award For Family After Nurse Did Not Detect Signs Of Fetal Distress

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A scheduled vaginal delivery for a pregnant woman who has in the past had a C-section should take into account that this puts the pregnant mother in danger of a ruptured uterus. When this happens the unborn childs much needed oxygen supply, which is received through the placenta, can become restricted. Based on the extent and the amount of time involved the newborn might suffer a brain injury which exhibits severe cognitive and neurological problems. It is thus essential when planning a vaginal delivery for an expectant mother with a previous C-section (known as a VBAC) to take this risk into consideration.

Look at a published claim involving a pregnant woman who reported to the hospital for a scheduled vaginal delivery of her child. She underwent a C-section in a previous pregnancy. But, the nurse gave her a drug frequently employed to induce labor. The application of this medication , however, should be properly followed seeing that it become a major complication notably at higher levels. The nurse failed to notify the doctor that the pregnant woman's contractions became irregular Rather, even though the contractions escalated to obviously unsafe levels, the nurse kept administering greater quantities of the drug.

The expectant mother suffered a uterine rupture. The unborn baby was in fetal distress. The baby was deprived of oxygen for eighteen to twenty minutes as a result of which he sustained a brain injury. He has severe cerebral palsy. He is unable to walk or to talk. He is unable to hold anything in his hands. He is unable to eat on his own and requires a feeding tube. He can, however, recognize members of his family and is alert. Yet he will require 24/7 life assistance. The law firm that represented the child and his parents announced that at trial the jury returned an award of $31,000,000 with included $26,000,000 to pay for the cost of the childs future medical care.

As the matter discussed above illustrates nurses and hospital staff have a duty to realize if problems happen in a pregnancy, need to know and understand the consequences and side effects of the medications they administer, and notify the physician about any symptoms that indicate there is a complication taking place. Whether due to a lack of training, inexperience, overwork, or communication breakdowns, a failure in any (or as in this case all) of these areas can lead to devastating injuries to the child. When this happens the family (both on their own behalf and on behalf of the baby) may be able to bring a case for malpractice. As this case likewise shows - such lawsuits, as a consequence of the nature and degree of the injury to the child, can result in a considerable recovery.
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