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Did failure to diagnose HELLP result in cerebral palsy?
A 21-year-old woman presented to a hospital at 26 weeks’ gestation for delivery. One year after birth, the premature infant was diagnosed with cerebral palsy. In suing, the mother claimed that there was a delay in diagnosing hemolysis, elevated liver enzymes, and low platelet count (HELLP) syndrome. She argued that had the diagnosis been made earlier, she could have received steroids to prolong the pregnancy.
The defendants contended that the diagnosis was made in a timely manner. In addition, they claimed that even if the diagnosis had been made earlier, the outcome would not have changed, as the fetus was too under developed for steroids to have an effect.
- The jury returned a verdict for the defense.
A 21-year-old woman presented to a hospital at 26 weeks’ gestation for delivery. One year after birth, the premature infant was diagnosed with cerebral palsy. In suing, the mother claimed that there was a delay in diagnosing hemolysis, elevated liver enzymes, and low platelet count (HELLP) syndrome. She argued that had the diagnosis been made earlier, she could have received steroids to prolong the pregnancy.
The defendants contended that the diagnosis was made in a timely manner. In addition, they claimed that even if the diagnosis had been made earlier, the outcome would not have changed, as the fetus was too under developed for steroids to have an effect.
- The jury returned a verdict for the defense.
A 21-year-old woman presented to a hospital at 26 weeks’ gestation for delivery. One year after birth, the premature infant was diagnosed with cerebral palsy. In suing, the mother claimed that there was a delay in diagnosing hemolysis, elevated liver enzymes, and low platelet count (HELLP) syndrome. She argued that had the diagnosis been made earlier, she could have received steroids to prolong the pregnancy.
The defendants contended that the diagnosis was made in a timely manner. In addition, they claimed that even if the diagnosis had been made earlier, the outcome would not have changed, as the fetus was too under developed for steroids to have an effect.
- The jury returned a verdict for the defense.
Did delayed cesarean lead to infant’s cerebral palsy?
Upon presenting to a hospital for delivery, a woman’s labor failed to progress. Oxytocin was therefore administered to stimulate contractions. During this time her labor was handled entirely by residents. This, despite the fact that multiple signs of fetal hypoxia. including nonreassuring fetal heart tracings and thick meconium.allegedly were present.
Approximately 30 minutes after the delivering physician arrived, an emergency cesarean was performed. Upon delivery, the infant demonstrated signs of severe neurological depression from hypoxic ischemic insult. Shortly after birth, the infant had low Apgar scores, severe metabolic acidosis, mul tiorgan failure, and seizures. The child now suffers from cerebral palsy as well as loss of cognitive functions.
In suing, the mother claimed that the cesarean should have been performed at least 6 hours before delivery actually took place.
The physician contended that the cesarean was performed in a timely manner and that there was no violation of proper care.
- The case settled in mediation for $3.8 million.
Upon presenting to a hospital for delivery, a woman’s labor failed to progress. Oxytocin was therefore administered to stimulate contractions. During this time her labor was handled entirely by residents. This, despite the fact that multiple signs of fetal hypoxia. including nonreassuring fetal heart tracings and thick meconium.allegedly were present.
Approximately 30 minutes after the delivering physician arrived, an emergency cesarean was performed. Upon delivery, the infant demonstrated signs of severe neurological depression from hypoxic ischemic insult. Shortly after birth, the infant had low Apgar scores, severe metabolic acidosis, mul tiorgan failure, and seizures. The child now suffers from cerebral palsy as well as loss of cognitive functions.
In suing, the mother claimed that the cesarean should have been performed at least 6 hours before delivery actually took place.
The physician contended that the cesarean was performed in a timely manner and that there was no violation of proper care.
- The case settled in mediation for $3.8 million.
Upon presenting to a hospital for delivery, a woman’s labor failed to progress. Oxytocin was therefore administered to stimulate contractions. During this time her labor was handled entirely by residents. This, despite the fact that multiple signs of fetal hypoxia. including nonreassuring fetal heart tracings and thick meconium.allegedly were present.
Approximately 30 minutes after the delivering physician arrived, an emergency cesarean was performed. Upon delivery, the infant demonstrated signs of severe neurological depression from hypoxic ischemic insult. Shortly after birth, the infant had low Apgar scores, severe metabolic acidosis, mul tiorgan failure, and seizures. The child now suffers from cerebral palsy as well as loss of cognitive functions.
In suing, the mother claimed that the cesarean should have been performed at least 6 hours before delivery actually took place.
The physician contended that the cesarean was performed in a timely manner and that there was no violation of proper care.
- The case settled in mediation for $3.8 million.
Shoulder dystocia leads to nerve graft procedure
A woman presented to a hospital for delivery. During delivery, shoulder dystocia was encountered. The infant was born with nerve damage to the brachial plexus.
The child underwent a nerve graft procedure, in which the sural nerve from the back of her leg was grafted into the damaged brachial plexus. The infant recovered 90% to 95% use of her left arm.
In suing, the patient argued that the doctor applied excessive pressure to the infant’s head during delivery, resulting in the nerve damage. The physician contended that the delivery was difficult and that all appropriate maneuvers were performed.
- The case settled for $750,000.
A woman presented to a hospital for delivery. During delivery, shoulder dystocia was encountered. The infant was born with nerve damage to the brachial plexus.
The child underwent a nerve graft procedure, in which the sural nerve from the back of her leg was grafted into the damaged brachial plexus. The infant recovered 90% to 95% use of her left arm.
In suing, the patient argued that the doctor applied excessive pressure to the infant’s head during delivery, resulting in the nerve damage. The physician contended that the delivery was difficult and that all appropriate maneuvers were performed.
- The case settled for $750,000.
A woman presented to a hospital for delivery. During delivery, shoulder dystocia was encountered. The infant was born with nerve damage to the brachial plexus.
The child underwent a nerve graft procedure, in which the sural nerve from the back of her leg was grafted into the damaged brachial plexus. The infant recovered 90% to 95% use of her left arm.
In suing, the patient argued that the doctor applied excessive pressure to the infant’s head during delivery, resulting in the nerve damage. The physician contended that the delivery was difficult and that all appropriate maneuvers were performed.
- The case settled for $750,000.
Did insufficient testing following auto accident result in stillbirth?
A gravida was involved in a minor auto accident at 32 weeks’ gestation. She was admitted to a hospital’s labor and delivery unit 30 hours after the accident. The fetal monitor showed normal variability and a fetal heart strip was reactive. The patient was discharged after an overnight stay. Five days later, the woman prematurely delivered a stillborn.
In suing, the woman argued that additional testing should have been performed during her hospital stay. The physician maintained that the infant died just prior to delivery because the umbilical cord was wrapped around its neck.
- The jury returned a verdict for the defense.
A gravida was involved in a minor auto accident at 32 weeks’ gestation. She was admitted to a hospital’s labor and delivery unit 30 hours after the accident. The fetal monitor showed normal variability and a fetal heart strip was reactive. The patient was discharged after an overnight stay. Five days later, the woman prematurely delivered a stillborn.
In suing, the woman argued that additional testing should have been performed during her hospital stay. The physician maintained that the infant died just prior to delivery because the umbilical cord was wrapped around its neck.
- The jury returned a verdict for the defense.
A gravida was involved in a minor auto accident at 32 weeks’ gestation. She was admitted to a hospital’s labor and delivery unit 30 hours after the accident. The fetal monitor showed normal variability and a fetal heart strip was reactive. The patient was discharged after an overnight stay. Five days later, the woman prematurely delivered a stillborn.
In suing, the woman argued that additional testing should have been performed during her hospital stay. The physician maintained that the infant died just prior to delivery because the umbilical cord was wrapped around its neck.
- The jury returned a verdict for the defense.
Missed placental abruption results in infant’fs quadriplegia
Six days before her baby was due, a pregnant woman presented to a hospital complaining of abdominal pain.
Upon admission, fetal heart monitor tracings showed some decelerations. An hour and 15 minutes later, the tracing was nonreassuring. The obstetrical resident then ordered an emergency cesarean, but the attending obstetrician overruled the resident’s decision.
Approximately 1 hour later, the tracing became nonreassuring again. The obstetrician ordered an emergency cesarean, but the infant was not delivered until 46 minutes later. At delivery, a placental abruption of 20% was discovered. The infant, who was 5 years old at the time of the trial, is a quadriplegic.
In suing, the mother argued that the 46-minute delay in delivery was the physician’s fault. The obstetrician agreed that the delay was inexcusable, claiming that he did not recall why it occurred. The defense speculated, however, that the delay was due to a shortage of available anesthesia personnel.
The patient settled the case with the hospital for $6 million shortly before trial.
In the trial against the obstetrician, the woman argued that the doctor was negligent in delaying the cesarean. Further, the physician mistook her presenting abdominal pains for labor when, in fact, they were due to her placental abruption. She maintained that this misdiagnosis ultimately resulted in the child’s injuries.
- The jury awarded the plaintiff $90.9 million.
Six days before her baby was due, a pregnant woman presented to a hospital complaining of abdominal pain.
Upon admission, fetal heart monitor tracings showed some decelerations. An hour and 15 minutes later, the tracing was nonreassuring. The obstetrical resident then ordered an emergency cesarean, but the attending obstetrician overruled the resident’s decision.
Approximately 1 hour later, the tracing became nonreassuring again. The obstetrician ordered an emergency cesarean, but the infant was not delivered until 46 minutes later. At delivery, a placental abruption of 20% was discovered. The infant, who was 5 years old at the time of the trial, is a quadriplegic.
In suing, the mother argued that the 46-minute delay in delivery was the physician’s fault. The obstetrician agreed that the delay was inexcusable, claiming that he did not recall why it occurred. The defense speculated, however, that the delay was due to a shortage of available anesthesia personnel.
The patient settled the case with the hospital for $6 million shortly before trial.
In the trial against the obstetrician, the woman argued that the doctor was negligent in delaying the cesarean. Further, the physician mistook her presenting abdominal pains for labor when, in fact, they were due to her placental abruption. She maintained that this misdiagnosis ultimately resulted in the child’s injuries.
- The jury awarded the plaintiff $90.9 million.
Six days before her baby was due, a pregnant woman presented to a hospital complaining of abdominal pain.
Upon admission, fetal heart monitor tracings showed some decelerations. An hour and 15 minutes later, the tracing was nonreassuring. The obstetrical resident then ordered an emergency cesarean, but the attending obstetrician overruled the resident’s decision.
Approximately 1 hour later, the tracing became nonreassuring again. The obstetrician ordered an emergency cesarean, but the infant was not delivered until 46 minutes later. At delivery, a placental abruption of 20% was discovered. The infant, who was 5 years old at the time of the trial, is a quadriplegic.
In suing, the mother argued that the 46-minute delay in delivery was the physician’s fault. The obstetrician agreed that the delay was inexcusable, claiming that he did not recall why it occurred. The defense speculated, however, that the delay was due to a shortage of available anesthesia personnel.
The patient settled the case with the hospital for $6 million shortly before trial.
In the trial against the obstetrician, the woman argued that the doctor was negligent in delaying the cesarean. Further, the physician mistook her presenting abdominal pains for labor when, in fact, they were due to her placental abruption. She maintained that this misdiagnosis ultimately resulted in the child’s injuries.
- The jury awarded the plaintiff $90.9 million.
Did excessive traction lead to paralysis?
An infant with shoulder dystocia was born with brachial plexus injury, resulting in partial paralysis of her right arm.
In suing, the infant-who was 15 years old at trialargued that her injuries were a result of the physician’s negligence in applying excessive downward traction.
The physician argued that the injury was caused in utero and during delivery due to uterine contractions, expulsive forces of labor, and normal traction.
- The jury awarded the plaintiff $900,000.
An infant with shoulder dystocia was born with brachial plexus injury, resulting in partial paralysis of her right arm.
In suing, the infant-who was 15 years old at trialargued that her injuries were a result of the physician’s negligence in applying excessive downward traction.
The physician argued that the injury was caused in utero and during delivery due to uterine contractions, expulsive forces of labor, and normal traction.
- The jury awarded the plaintiff $900,000.
An infant with shoulder dystocia was born with brachial plexus injury, resulting in partial paralysis of her right arm.
In suing, the infant-who was 15 years old at trialargued that her injuries were a result of the physician’s negligence in applying excessive downward traction.
The physician argued that the injury was caused in utero and during delivery due to uterine contractions, expulsive forces of labor, and normal traction.
- The jury awarded the plaintiff $900,000.
Erroneous breast cancer diagnosis after needle biopsy
<court>Greene County (NY) Supreme Court</court>
A 51-year-old woman underwent a needle biopsy in 1 breast.
A physician reviewed the slide and diagnosed her with poorly differentiated carcinoma and recommended a modified mastectomy.
During surgery, the attending surgeon made an incision of approximately 2 inches and took a frozen section of the tissue. Pathology determined that the mass was benign. The surgeon then removed the mass but did not perform a mastectomy. In suing, the woman contended that the biopsy was read improperly, thus subjecting her to unnecessary surgery under general anesthesia and a 2-inch scar.
The physician maintained that the mass had certain cellular characteristics consistent with cancer that necessitated its removal. A scar, therefore, would have resulted no matter what the needle biopsy indicated.
- The jury returned a defense verdict.
The cases presented here were compiled by Lewis L. Laska, editor of Medical Malpractice Verdicts, Settlements & Experts. While there are instances when the available information is incomplete, these cases represent the types of clinical situations that typically result in litigation.
<court>Greene County (NY) Supreme Court</court>
A 51-year-old woman underwent a needle biopsy in 1 breast.
A physician reviewed the slide and diagnosed her with poorly differentiated carcinoma and recommended a modified mastectomy.
During surgery, the attending surgeon made an incision of approximately 2 inches and took a frozen section of the tissue. Pathology determined that the mass was benign. The surgeon then removed the mass but did not perform a mastectomy. In suing, the woman contended that the biopsy was read improperly, thus subjecting her to unnecessary surgery under general anesthesia and a 2-inch scar.
The physician maintained that the mass had certain cellular characteristics consistent with cancer that necessitated its removal. A scar, therefore, would have resulted no matter what the needle biopsy indicated.
- The jury returned a defense verdict.
The cases presented here were compiled by Lewis L. Laska, editor of Medical Malpractice Verdicts, Settlements & Experts. While there are instances when the available information is incomplete, these cases represent the types of clinical situations that typically result in litigation.
<court>Greene County (NY) Supreme Court</court>
A 51-year-old woman underwent a needle biopsy in 1 breast.
A physician reviewed the slide and diagnosed her with poorly differentiated carcinoma and recommended a modified mastectomy.
During surgery, the attending surgeon made an incision of approximately 2 inches and took a frozen section of the tissue. Pathology determined that the mass was benign. The surgeon then removed the mass but did not perform a mastectomy. In suing, the woman contended that the biopsy was read improperly, thus subjecting her to unnecessary surgery under general anesthesia and a 2-inch scar.
The physician maintained that the mass had certain cellular characteristics consistent with cancer that necessitated its removal. A scar, therefore, would have resulted no matter what the needle biopsy indicated.
- The jury returned a defense verdict.
The cases presented here were compiled by Lewis L. Laska, editor of Medical Malpractice Verdicts, Settlements & Experts. While there are instances when the available information is incomplete, these cases represent the types of clinical situations that typically result in litigation.
Did failure to disclose abnormal mammogram lead to death?
A 41-year-old woman underwent a mammogram, which was read as abnormal. A surgical biopsy was recommended, but was not performed until a much later date. Two years later, the woman was diagnosed with breast cancer that had metastasized to her bones. She died 3 years later.
The physician contended that the patient’s cancer spread as a result of her failure to return for follow-up visits.
The patient’s family, however, claimed the woman was not told of her abnormal mammogram results, nor was she informed of the need for follow-up visits.
- The case settled for $1.7 million.
A 41-year-old woman underwent a mammogram, which was read as abnormal. A surgical biopsy was recommended, but was not performed until a much later date. Two years later, the woman was diagnosed with breast cancer that had metastasized to her bones. She died 3 years later.
The physician contended that the patient’s cancer spread as a result of her failure to return for follow-up visits.
The patient’s family, however, claimed the woman was not told of her abnormal mammogram results, nor was she informed of the need for follow-up visits.
- The case settled for $1.7 million.
A 41-year-old woman underwent a mammogram, which was read as abnormal. A surgical biopsy was recommended, but was not performed until a much later date. Two years later, the woman was diagnosed with breast cancer that had metastasized to her bones. She died 3 years later.
The physician contended that the patient’s cancer spread as a result of her failure to return for follow-up visits.
The patient’s family, however, claimed the woman was not told of her abnormal mammogram results, nor was she informed of the need for follow-up visits.
- The case settled for $1.7 million.
Did uterine hyperstimulation result in infant’s brain damage?
A woman at 42 weeks’ gestation presented to her Ob/Gyn for induction of labor. The physician artificially ruptured her membranes at 7:40 a.m. and returned at noon to examine her. He then left the patient in the care of hospital nursing staff. At some point in the day, a nurse administered oxytocin to induce labor. Upon delivery at 10 p.m., the nurse-midwife, but not the physician, was present. The baby was limp, blue, and not breathing. Another physician entered the delivery room and revived the baby. However, the infant now suffers from brain injury, neuromotor deficits, and pituitary stalk interruption syndrome.
In suing, the woman claimed that the administration of oxytocin led to uterine hyperstimulation and fetal distress. The woman also alleged that the nursing staff, nurse-midwife, and her Ob/Gyn did not respond in a timely fashion, despite signs of fetal distress earlier in the day.
The hospital staff claimed that the care provided to the patient was proper and that oxytocin administration did not cause uterine hyperstimulation. The medical staff alleged that the infant’s condition was congenital.
- After mediation, the case settled for $2.5 million.
A woman at 42 weeks’ gestation presented to her Ob/Gyn for induction of labor. The physician artificially ruptured her membranes at 7:40 a.m. and returned at noon to examine her. He then left the patient in the care of hospital nursing staff. At some point in the day, a nurse administered oxytocin to induce labor. Upon delivery at 10 p.m., the nurse-midwife, but not the physician, was present. The baby was limp, blue, and not breathing. Another physician entered the delivery room and revived the baby. However, the infant now suffers from brain injury, neuromotor deficits, and pituitary stalk interruption syndrome.
In suing, the woman claimed that the administration of oxytocin led to uterine hyperstimulation and fetal distress. The woman also alleged that the nursing staff, nurse-midwife, and her Ob/Gyn did not respond in a timely fashion, despite signs of fetal distress earlier in the day.
The hospital staff claimed that the care provided to the patient was proper and that oxytocin administration did not cause uterine hyperstimulation. The medical staff alleged that the infant’s condition was congenital.
- After mediation, the case settled for $2.5 million.
A woman at 42 weeks’ gestation presented to her Ob/Gyn for induction of labor. The physician artificially ruptured her membranes at 7:40 a.m. and returned at noon to examine her. He then left the patient in the care of hospital nursing staff. At some point in the day, a nurse administered oxytocin to induce labor. Upon delivery at 10 p.m., the nurse-midwife, but not the physician, was present. The baby was limp, blue, and not breathing. Another physician entered the delivery room and revived the baby. However, the infant now suffers from brain injury, neuromotor deficits, and pituitary stalk interruption syndrome.
In suing, the woman claimed that the administration of oxytocin led to uterine hyperstimulation and fetal distress. The woman also alleged that the nursing staff, nurse-midwife, and her Ob/Gyn did not respond in a timely fashion, despite signs of fetal distress earlier in the day.
The hospital staff claimed that the care provided to the patient was proper and that oxytocin administration did not cause uterine hyperstimulation. The medical staff alleged that the infant’s condition was congenital.
- After mediation, the case settled for $2.5 million.
Labial tear leads to partial labia removal
A 37-year-old woman presented to her Ob/Gyn for the delivery of her child in July 1997. Six weeks later, she returned to the delivering physician’s partner for the repair of a hole in her labia minora.
In December 1997, the physician performed a surgical tissue repair. At a follow-up visit in January, the physician noted that the tear had not healed and thought it may have been the result of a reaction to the suture.
In March, the physician performed a second repair using a different suture material. At a follow-up visit, the doctor reported that the area was healing well. However, the woman presented to another doctor in April with complaints that the tear had reopened. A third surgery was attempted without success. Several more attempts to close the hole were performed. In October, the physician removed a portion of the labia to remedy the problem.
In suing, the patient claimed that the delivering physician did not notice the labial tear following delivery and as a result did not repair it in a timely fashion. The woman also argued that the physician who attempted to repair the tear did not use proper technique.
The delivering physician claimed that the patient’s tear following delivery was not recognizable. The doctor who attempted the repairs argued that he used appropriate technique, and further alleged that the patient’s poor healing pattern and the vascular condition of her labia compromised her ability to heal properly.
- The jury returned a verdict for the defense.
A 37-year-old woman presented to her Ob/Gyn for the delivery of her child in July 1997. Six weeks later, she returned to the delivering physician’s partner for the repair of a hole in her labia minora.
In December 1997, the physician performed a surgical tissue repair. At a follow-up visit in January, the physician noted that the tear had not healed and thought it may have been the result of a reaction to the suture.
In March, the physician performed a second repair using a different suture material. At a follow-up visit, the doctor reported that the area was healing well. However, the woman presented to another doctor in April with complaints that the tear had reopened. A third surgery was attempted without success. Several more attempts to close the hole were performed. In October, the physician removed a portion of the labia to remedy the problem.
In suing, the patient claimed that the delivering physician did not notice the labial tear following delivery and as a result did not repair it in a timely fashion. The woman also argued that the physician who attempted to repair the tear did not use proper technique.
The delivering physician claimed that the patient’s tear following delivery was not recognizable. The doctor who attempted the repairs argued that he used appropriate technique, and further alleged that the patient’s poor healing pattern and the vascular condition of her labia compromised her ability to heal properly.
- The jury returned a verdict for the defense.
A 37-year-old woman presented to her Ob/Gyn for the delivery of her child in July 1997. Six weeks later, she returned to the delivering physician’s partner for the repair of a hole in her labia minora.
In December 1997, the physician performed a surgical tissue repair. At a follow-up visit in January, the physician noted that the tear had not healed and thought it may have been the result of a reaction to the suture.
In March, the physician performed a second repair using a different suture material. At a follow-up visit, the doctor reported that the area was healing well. However, the woman presented to another doctor in April with complaints that the tear had reopened. A third surgery was attempted without success. Several more attempts to close the hole were performed. In October, the physician removed a portion of the labia to remedy the problem.
In suing, the patient claimed that the delivering physician did not notice the labial tear following delivery and as a result did not repair it in a timely fashion. The woman also argued that the physician who attempted to repair the tear did not use proper technique.
The delivering physician claimed that the patient’s tear following delivery was not recognizable. The doctor who attempted the repairs argued that he used appropriate technique, and further alleged that the patient’s poor healing pattern and the vascular condition of her labia compromised her ability to heal properly.
- The jury returned a verdict for the defense.