Failure to Deliver – Poor Prenatal, Obstetrical, and Hospital Care Results in Death of Newborn Baby

A confidential settlement was reached

For months, Sally and John tried to conceive their first child. To move the process along, Sally’s doctor prescribed Clomid, a fertility drug. Sally finally became pregnant, and her records reveal an entirely normal pregnancy and prenatal course. She was due September 30th.

Sally started seeing a new obstetrician in early summer and continued to have an uneventful and normal pregnancy. On her due date, she went to the doctor to be checked, but the baby was not ready. A few days later, Sally returned to the doctor (41 weeks and 2 days into her pregnancy). The baby was still not ready, and the exam showed that Sally’s cervix was unfavorable. Four days after that -- 41 weeks and 6 days into her pregnancy – Sally returned to the doctor. She was told everything looked normal, but that it was time to induce labor.

Sally checked into the hospital. A resident then performed an ultrasound that showed the baby’s head was down and in a good position. The resident also took Sally’s prenatal information, did a physical exam and a risk assessment, and wrote numerous orders for her, including an order for continuous electronic fetal monitoring or EFM.

It took two hours for the EFM to be applied. By that time, no fetal heart beat could be found. Sally then had to continue with the difficulty of a labor and delivery, only to deliver a stillborn baby.

Sally and John hired The Eisen Law Firm. The Eisen Law Firm filed a lawsuit claiming that the defendant doctors and hospital were negligent in their prenatal care and treatment of Sally and her baby, and that their negligence caused the baby’s death. The Eisen Law Firm was able to show that Sally did not receive appropriate care in the last couple of weeks of her pregnancy. After reaching 41 weeks of pregnancy, she should have been scheduled to see the doctor more frequently. She also should have been offered additional testing. Had the correct tests been done, significant irregularities would have been discovered, and the baby would have been delivered before it suffered any significant injury. Ultimately, The Eisen Law Firm negotiated a confidential settlement for Sally and John.