Cerebral Palsy - Birth Injury - Failure To Perform Timely C-Section
A non-reassuring fetal heart rate
As a Delaware lawyer who handles birth injury cases, I find it tragic that many times these injuries are avoidable. The unborn baby sends out signals saying "I'm in trouble," and the doctor fails to take action. It's like sitting in a room when a smoke detector starts beeping, and you sit in front of your TV and grab another beer.
When a fetus is not receiving enough oxygen, it shows up in the form of an abnormal heart rate pattern. That's why the fetus's heart rate is monitored. Known as "fetal distress," it can sometimes be corrected by giving the mother oxygen, or by increasing the amount of fluids that are given intravenously to the mother, or by turning her on to her left side. But if these steps don't correct the problem, it's the doctor's responsibility to deliver the baby as fast as possible.
If the doctor delays in delivering the baby, irreversible damage can occur. The results are often life-long injuries and disabilities known as cerebral palsy.
This is what happened to a family who sued the hospital and the doctor for waiting too long to perform a C-section after a fetal monitor warned that their baby was being deprived of oxygen. Because of medical negligence, the baby suffered permanent brain damage. Their child now has cerebral palsy and needs constant suctioning to clear her airway.
After a trial, the jury decided that the brain damage should have been prevented, and awarded the family $23.4 million.
