Any of several complications may cause an unborn baby to have his or her oxygen supply jeopardized, causing the baby to be in fetal distress. In the event that the baby does not receive enough oxygen for a prolonged period of time the baby can die or be left with lifelong disabilities including but not limited to brain damage, cerebral palsy, blindness, and seizure disorders. After an expectant mother is admitted for labor and delivery physicians and nurses are expected to carefully follow her and her unborn baby and they are supposed to possess enough knowledge, training and experience needed to detect and respond to signs of fetal distress.

The following case illustrates what can happen.

A pregnant woman went to the hospital for the planned delivery of her baby. The physician was not present when she arrived and thus she was examined by a nurse who observed meconium in the amniotic fluid as well as abnormal readings from the fetal heart rate monitor. The heart rate tracings suggested fetal distress. The nurse informed the doctor. Having received the information the physician still chose to delay going to the hospital. He did not have another doctor take over and simply let the nurse disconnect the fetal heart rate monitor, the one critical technology that could give information about the condition of the baby.

Seven hours went by before the doctor eventually showed up. When the physician examined the expectant mother the physician simply turned her care over to another physician to cover. Upon learning of the nurse’s findings that physician performed an emergency C-section. The damage had already been done. The child suffered brain damage. The baby had experienced a lack of oxygen for too long and had suffered brain damage by the time the covering physician performed the C-section. As a consequence of the brain damage, the child will endure permanent disabilities that include both mental as well as physical retardation, the use of a feeding tube, and a seizure disorder. The law firm that represented the family was able to report that at trial the jury awarded $7,200,000 (including interest).

As this case illustrates there are times when physicians and nurses do not respond with the urgency appropriate for the risk that certain labor complications present. What occurred in the claim discussed above is beyond comprehension. First, despite the fact that the doctor was advised about multiple abnormal signs by the nurse the doctor did not just choose to delay going to the hospital but actually instructed the nurse to disconnect the monitor. It is almost as if the doctor did not want to be informed of further indications of complications.

The nurse might have informed another doctor of the situation. Instead, the nurse deferred to the doctor’s rank and authority. After finally turning up at the hospital and seeing the woman the physician turned over her care to a different doctor. Unfortunately, despite the fact that by all indications the other doctor acted appropriately, it was too late to prevent permanent damage to the baby.

An unborn baby is at risk of severe and lifelong harm when physicians and nurses do not take immediate action in the face of signs of fetal distress. The lawsuit also demonstrates that if this occurs these doctors and nurses might be held accountable for not taking suitable actions and hence not meeting the standard of care. This is the level of professional responsibility to which we hold doctors and nurses. As soon as they fall short and their actions or lack of actions result in harm to a baby they might be liable under a medical malpractice claim. Because of the seriousness of the harm to the infant the recovery from such claims can be substantial.