New York Medical Malpractice Attorneys

$180,000-Jury Verdict Stillbirth Unnecessary Caesarean Section

F&F# 83397A

MEDICAL MALPRACTICE ATTORNEY STILLBIRTH 83397A UNNECESSARY CESAREAN SECTION

Jury Verdict: $180,000

Injuries:     

• An infection as a result of prolonged rupture of the membranes and chorioamnionitis
• An unnecessary Cesarean
• Another Cesarean after a subsequent pregnancy
• Psychological injuries.

Facts: Pltf. was 22 years old at the time of the alleged New York medical malpractice. She claimed that Defts. unnecessarily performed a Cesarean section on 8/10/83. Pltf. contended that the fetus had died in utero and contended that labor should have been induced to allow her to deliver the fetus vaginally.

Pltf.'s due date was 7/25/83. She was under the pre-natal care of Maternity Infant Care (settled for $42,500). Pltf. claimed that on 7/21/83, she complained to MIC of leakage of fluid. A Nitrozine test was performed which was positive for amniotic fluid and a Ferm test was performed which was negative for amniotic fluid. Pltf. returned to MIC on 7/28 and 8.4, when she was referred to the high risk clinic at Deft. Harlem Hospital. She was examined there on 8/8/83, and underwent a biophysical profile the following day. The profile revealed no amniotic fluid or fetal movement.

On 8/10/83, Pltf. was admitted in labor at 7:45 PM with a temperature of 100.1 degrees. Fetal heart monitoring was started at 9PM. The strips were unreadable for 20 minutes and then showed 10 minutes of bradycardia (slow heartbeats) with 50 beats per minute, followed by straight line tracings. Pltf. claimed that she was aware of the slowing and eventual stop of the fetal heartbeat. She argued that Defts. should have induced labor after the fetus died, instead of performing a Cesarean. Defts. contended that after the fetal monitoring showed a straight line tracing, they performed a sonogram which indicated a fetal heartbeat of 50 beats per minute. They contended that they performed the Cesarean because the sonogram indicated that the fetus was still alive. On cross-examination, Pltf.'s expert agreed that the sonogram indicated fetal life. It was delivered stillborn at 10:54 PM. An autopsy indicated chorioamnionitis and septicemia.

Pltf. moved to reopen to offer evidence on the allegation that NYCHHC was negligent for failing to induce labor on the three visits prior to Pltf.'s admission for delivery. Judge Tompkins reversed his earlier ruling and permitted Pltf. to present this issue to the jury. The jury was asked: if Harlem Hospital was negligent for failing to induce labor; if Harlem Hospital was negligent in performing the Cesarean section. The judge denied Pltf.'s motion to allow her psychiatrist to testify concerning the emotional distress of the scar, fining that the psychiatrist's report referred only to the emotional distress of the stillbirth, with no mention of the scar.

The jury found Harlem Hospital negligent for failing to induce labor and in performing the Cesarean.