As fetal distress is a dangerous problem in pregnancy that many times involves a diminished oxygen supply to the unborn baby. Thus, if fetal distress is observed measures need to be taken right away to avoid injury to the baby. Below we consider the issue of liability in a published case involving a delay of approximately two hours in reacting to signs of fetal distress. We also take into account the resulting damages and the settlement outcome.

An obstetrician is notified that his patient, a pregnant woman, had been transported to a close by hospital after she had fallen. An ultrasound was performed and indicated no injury to the baby. The woman was still anxious that something was wrong and asked for additional monitoring. The obstetrician arranged to go to see the woman at a hospital where she was being transported in order to perform other monitoring which the first hospital was not adequately equipped to carry out.

Upon her arrival at the second hospital a fetal heart rate monitor was connected to the expectant mother. The nurse at this hospital read the results as non-reassuring and indicating that the unborn child was in fetal distress. The second hospital and the nurse had been told that the woman’s doctor was heading to that hospital to look after the patient and her unborn baby. Although evidently having noted that the baby was in fetal distress, the nurse nevertheless concluded that she should wait for the physician to come rather than take any measures by herself or notifying an on-call physician.

In the next two hours the nurse kept postponing notifying a different physician that the baby was in fetal distress. It took the baby's heart rate reaching a critically low level before the nurse ultimately informed one of the hospital obstetricians. When told about the circumstances this physician did not hesitate to do an emergency C-section. On doing the procedure the physician found out that the baby went through a period without a sufficient oxygen supply (which accounted for the fall in the heart rate) as a result of a placental abruption.

But the patient’s obstetrician went home rather than to the hospital as he had said he would - simply abandoning the woman and her baby and making him a defendant in the malpractice claim. Believing the obstetrician was on the way the nurse, who might normally have immediately called another obstetrician of the fetal distress, a doctor who would never appear.

At birth the child was non-responsive. Even though the medical staff tried resuscitative measures they were not able to revive the baby. Here the law firm that represented the family reported that the lawsuit settled for $750,000. This matter illustrates both (1) a physician’s duty to follow up on the care of a patient when he agrees to do so and (2) a nurse’s duty to make certain that a physician is notified immediately if signs of fetal distress are detected.