New York Medical Malpractice Attorneys

$800,000-15 day delay in performance of caesarean section wrongful death of infant

F&F# 83027A

MEDICAL MALPRACTICE - BIRTH TRAUMA - 15 DAY DELAY IN PERFORMANCE OF CESAREAN SECTION - WRONGFUL DEATH OF INFANT 6 DAYS AFTER BIRTH SUBSEQUENT ABDOMINAL ADHESIONS REQUIRE REMOVAL OF OVARIES

Jury Verdict: $800,000

Injuries:

• Wrongful death of infant
• Abdominal adhesions
• Removal of ovaries

Facts: Pltf., a 28-year old plastics factory worker, was scheduled to undergo a Cesarean section on 1/6/83 at Deft. Hospital. She was considered a high-risk patient because the fetus was in a tranverse lie position (sideways in the uterus instead of head down). Deft. delayed Pltf.'s admission until 1/20/83, hoping that in the ensuing period the fetus would shift to the correct position for delivery. Pltf. claimed that from 1/6/83 through 1/19/83 she continually urged the hospital to deliver the baby. On 1/19, the Hospital performed a non-stress test of the fetal heart, and the results were normal. Pltf. consulted with a private obstetrician and then returned to deft.'s Hospital on 1/20/83 when a sonogram was performed which showed that the fetus had not changed position. Pltf. was admitted to the hospital and underwent the Caesarean on 1/21/83.

The Hospital claimed that it monitored the fetus by fetoscope every 8 hours from the time of Pltf.'s admission until the Cesarean was performed by Deft. Jaber. At the delivery, the infant was found to be depressed and meconium-stained. Its lungs deteriorated over the next 6 days, and the child dies on 1/28/83. An autopsy revealed that the infant died of pneumonia, meconium aspiration, intrauterine distress and sepsis.

Pltf. claimed that fetal distress occurred after the non-stress test was performed on 1/19/83, and that Deft. was negligent for failing to continuously monitor the fetal heart, especially in the presence of possible post-maturity. Pltf. also claimed that the hospital was negligent for delaying the Cesarean for 15 days. Deft.'s expert testified that the delay caused no harm and argued that the date of a Cesarean is never exact. The hospital contended that it was waiting for the fetus to turn head down.

Pltf. also claimed that an inexperienced medical student negligently resuscitated the infant a birth, forcing meconium into the lungs. This medical student was subpoenaed by Pltf. and testified that he did not obtain his medical license until 1985, 2 years after this incident. Deft. contended that a maternal infection weeks before the birth resulted in sepsis, which caused the infant's depress condition.

Pltf. contended that Deft. Jaber negligently performed the Cesarean section in that he failed to close the incision with more than one set of sutures. Pltf.'s expert testified that Deft. should have reinforced the closure with two or three sets of sutures. Deft. contended that it was not necessary to use more than one set of sutures because the uterine muscles thin out during pregnancy and on one set was need to close the opening. Deft. also contended that he had to perform a classic Caesarean section, which utilizes a vertical cut, due to the position of the fetus. He contended that the slower healing associated with a vertical cut is an accepted risk and is not malpractice or deviation of accepted standards.

In 1984, Pltf. suffered an abdominal rupture during another pregnancy. The fetus was stillborn. In 1985 Pltf. underwent surgical lysis of adhesions in the lower abdomen and the removal of her left ovary, which was also surrounded by adhesions. In 1988, she again underwent surgical lysis of adhesions and her right ovary was removed. Pltf. is unable to bear children. She is currently taking Estrogen. Dr. Jaber contended that an abdominal rupture and adhesions are known risks of Cesarean section.

Deft. Jaber testified that the subsequent surgical removal of Pltf.'s ovaries was unnecessarily aggressive treatment. Deft. also attempted to diminish the extent of Pltf.'s loss by noting that she had three abortions prior to the 1982 pregnancy. Pltf. claimed that she had one voluntary abortion and on spontaneous miscarriage. This was an issue on credibility, causation and damages.