Family Alleges Delays in Receiving Care Led to Catastrophic Birth Injuries

A California family has filed a birth injury lawsuit against a hospital after their child was left with extensive and permanent brain damage. The family contends that delays in performing a C-section resulted in the adverse outcome.

According to the plaintiff, the birth of her child involved numerous unnecessary delays that violated the hospital’s own policies for emergency births. However, the hospital, by way of its defense, claims that the child already had significant brain damage before he was born and that they met or exceeded the prevailing standard of care for the medical profession.

What happened?

The plaintiff’s attorney described to jurors during his opening statement how the plaintiff and her husband arrived at the hospital’s emergency department late in the evening after she began experiencing contractions. According to the plaintiff, she was held in the emergency room’s waiting area for roughly an hour before being transferred to the labor and delivery department.

After arriving in the delivery department, staff noticed that the child had an elevated heartbeat which is a potential sign of fetal distress. The plaintiff’s OBGYN ordered an emergency C-section at 3 a.m. The hospital, however, disputes this claim stating that they are a smaller community hospital and did not have a full surgical team on hand at the time required to perform such an operation.

The plaintiff’s attorney told jurors that despite the OBGYN’s orders and hospital policy requiring the surgical team to be available for emergency C-sections within 30 minutes, the plaintiff didn’t undergo the procedure until 3:55 a.m. By then, the child’s heartbeat had slowed to dangerous levels, depriving his brain of oxygen, and resulting in catastrophic brain damage. The plaintiffs maintain that had the delivery taken place even 10 minutes earlier, the child’s outcome would have been much improved and he could have made a full recovery.

The child is now completely disabled and will require 24-hour care for the remainder of his life. The estimated care plan will cost roughly $45 million.

The hospital maintains that the OBGYN who ordered the C-section would testify the entire delivery was consistent with the standard of care, and that neurological tests performed immediately after the child’s birth were not consistent with a recent hypoxic-ischemic brain injury. Instead, they maintain, the child had significant brain damage prior to the delivery and that any purported delays in treatment had no impact on the child’s adverse outcome.

The hospital further maintains that the child’s elevated heartbeat was not necessarily cause for an emergency C-section. Urgent action was needed, but the outcome didn’t depend on how quickly the child was delivered. Ultimately, they blame an undiagnosed problem with the infant prior to delivery for the catastrophic outcome.

Talk to an Oakland, CA Medical Malpractice Attorney Today 

Venardi Zurada represents the interests of Oakland residents who have been injured due to the negligent practice of medicine. If you have been injured by a medical procedure, call our Oakland personal injury attorneys today to schedule a consultation and learn more about how we can help.

Source:

blog.cvn.com/jury-hears-openings-in-45m-childbirth-malpractice-trial-watch-gavel-to-gavel-via-cvn