Failure to Diagnose and Treat Fetal Distress Renders Child Severely Brain Injured and Ultimately Causes His Death

The plaintiff presented to a hospital in labor with her first child. The Doctor was a family practitioner who was primarily practicing obstetrics. The plaintiff’s fetal heart strips showed persistent late decelerations causing the baby to be distressed. These abnormal patterns persisted for several hours without recognition by the Doctor or the nurse. The baby was delivered after five applications with a vacuum extractor device. The baby suffered hypoxic-ischemic brain injury and cerebral palsy. The child died of multi-organ failure a short time after settlement of the case.


A settlement was reached. The terms of the settlement are protected by a confidentiality agreement.