Failure to Act –Delayed C Sections Results in Death of Fetus

A Confidential Settlement was Reached

Anaya, an expectant mother, was scheduled to be induced. As is standard, an electronic fetal monitor was placed on her belly to monitor the baby’s heart rate and the progress of uterine contractions. Initially, the monitor showed minimal variability, so the nursing staff implemented various interventions, including intravenous hydration and maternal repositioning.

Because the interventions did not improve the baby’s condition, Anaya’s obstetrician was called by the nursing staff approximately one hour after her arrival at the hospital. The doctor requested that the nurses contact the Certified Nurse Midwife. The midwife, who was not at the hospital, directed the nurses to place an internal fetal scalp electrode. This device provides more accurate and sensitive monitoring of the fetal heart rate and fetal heart rate patterns. Once the directives were communicated, the midwife headed to the hospital.

Then, the nurses lost the fetal heart rate altogether. The external electronic fetal monitor showed no signs of fetal heart rate, and upon placement of the internal monitor, no heart rate was detected. The midwife arrived about five minutes later, and she was also unable to locate a fetal heart rate. At that point, the doctor rushed to the hospital.

As soon as the doctor arrived, an emergency Cesarean section was “called.” Tragically, the baby was born pulseless and not breathing and was unable to be resuscitated.

The Eisen Law Firm’s analysis concluded that a series of medical errors during the labor and delivery stage resulted in the death of the baby. The doctor’s initial decision to refer the matter to the nurse midwife, and the midwife’s decision to accept the care of Anaya was an error, as midwives cannot perform emergency surgery to deliver a baby. Additionally, they should not have had to wait for both the doctor and the midwife to arrive at the hospital -- there should have been someone at the hospital who could provide the proper care for Anaya and her unborn child.

The Eisen Law Firm proved that medical negligence caused the death of Anaya’s baby. A confidential settlement was reached prior to trial.