Medical Verdicts

Kings County (Ny) Supreme Court—On May 3, a gravida at 23 weeks’ gestation presented to a hospital clinic for a routine prenatal visit, at which time the obstetrician did not perform an internal exam. She presented again 8 days later, when it was determined that her cervix had dilated 2 cm and her membranes were bulging. Following admission, she was confined to bed and scheduled for the placement of a cerclage for an incompetent cervix. However, the procedure was delayed for 5 days, and on May 16, the woman vaginally delivered an infant, who subsequently suffers from spastic quadriplegia, blindness, and delayed mental development.

In suing, the mother claimed that the infant’s brain damage was the result of the obstetrician’s failure to place a cervical cerclage, which would have prevented preterm labor and delivery. She also asserted that there was no electronic fetal monitoring during labor; had there been, fetal distress would have been detected, allowing for a timely cesarean delivery to prevent hypoxia. Furthermore, the patient contended that an internal exam should have been performed during her visit on May 3, that a pediatrician should have been present during delivery, and that the physician didn’t intubate the infant in a timely manner. However, she did concede that most of the baby’s problems were due to his prematurity.

The defendant denied that the gravida presented to the hospital clinic on May 3. Citing the woman’s subsequent delivery of another healthy child, the physician argued that she didn’t have an incompetent cervix. Rather, the chorioamnionitis caused the preterm labor. He testified that a pediatrician was present at delivery.

The jury returned a defense verdict.

The cases presented here were compiled by Lewis L. Laska, editor of Medical Malpractice Verdicts, Settlements & Experts. While there are instances when the available information is incomplete, these cases represent the types of clinical situations that typically result in litigation.

Kings County (Ny) Supreme Court—On May 3, a gravida at 23 weeks’ gestation presented to a hospital clinic for a routine prenatal visit, at which time the obstetrician did not perform an internal exam. She presented again 8 days later, when it was determined that her cervix had dilated 2 cm and her membranes were bulging. Following admission, she was confined to bed and scheduled for the placement of a cerclage for an incompetent cervix. However, the procedure was delayed for 5 days, and on May 16, the woman vaginally delivered an infant, who subsequently suffers from spastic quadriplegia, blindness, and delayed mental development.

In suing, the mother claimed that the infant’s brain damage was the result of the obstetrician’s failure to place a cervical cerclage, which would have prevented preterm labor and delivery. She also asserted that there was no electronic fetal monitoring during labor; had there been, fetal distress would have been detected, allowing for a timely cesarean delivery to prevent hypoxia. Furthermore, the patient contended that an internal exam should have been performed during her visit on May 3, that a pediatrician should have been present during delivery, and that the physician didn’t intubate the infant in a timely manner. However, she did concede that most of the baby’s problems were due to his prematurity.

The defendant denied that the gravida presented to the hospital clinic on May 3. Citing the woman’s subsequent delivery of another healthy child, the physician argued that she didn’t have an incompetent cervix. Rather, the chorioamnionitis caused the preterm labor. He testified that a pediatrician was present at delivery.

The jury returned a defense verdict.

The cases presented here were compiled by Lewis L. Laska, editor of Medical Malpractice Verdicts, Settlements & Experts. While there are instances when the available information is incomplete, these cases represent the types of clinical situations that typically result in litigation.

Kings County (Ny) Supreme Court—On May 3, a gravida at 23 weeks’ gestation presented to a hospital clinic for a routine prenatal visit, at which time the obstetrician did not perform an internal exam. She presented again 8 days later, when it was determined that her cervix had dilated 2 cm and her membranes were bulging. Following admission, she was confined to bed and scheduled for the placement of a cerclage for an incompetent cervix. However, the procedure was delayed for 5 days, and on May 16, the woman vaginally delivered an infant, who subsequently suffers from spastic quadriplegia, blindness, and delayed mental development.

In suing, the mother claimed that the infant’s brain damage was the result of the obstetrician’s failure to place a cervical cerclage, which would have prevented preterm labor and delivery. She also asserted that there was no electronic fetal monitoring during labor; had there been, fetal distress would have been detected, allowing for a timely cesarean delivery to prevent hypoxia. Furthermore, the patient contended that an internal exam should have been performed during her visit on May 3, that a pediatrician should have been present during delivery, and that the physician didn’t intubate the infant in a timely manner. However, she did concede that most of the baby’s problems were due to his prematurity.

The defendant denied that the gravida presented to the hospital clinic on May 3. Citing the woman’s subsequent delivery of another healthy child, the physician argued that she didn’t have an incompetent cervix. Rather, the chorioamnionitis caused the preterm labor. He testified that a pediatrician was present at delivery.

The jury returned a defense verdict.

The cases presented here were compiled by Lewis L. Laska, editor of Medical Malpractice Verdicts, Settlements & Experts. While there are instances when the available information is incomplete, these cases represent the types of clinical situations that typically result in litigation.

Morris County (Nj) Superior Court—On May 11, a gravida at 24 weeks’ gestation presented to her obstetrician, who diagnosed her with hemolysis, elevated liver enzymes, and low platelet count (HELLP syndrome). Five days later, she underwent an emergency cesarean delivery of a severely disabled infant.

The mother sued, claiming the obstetrician should have recognized the seriousness of the problem when the lab results from May 11 showed elevated enzyme levels and a low platelet count. Additionally, she alleged that once HELLP syndrome was diagnosed, she and the father should have been given the option of immediately terminating the pregnancy because there was a 90% chance the infant would be born with significant disabilities. The defendant asserted he could not have detected her condition at such an early stage.

A $950,000 settlement was reached.

The cases presented here were compiled by Lewis L. Laska, editor of Medical Malpractice Verdicts, Settlements & Experts. While there are instances when the available information is incomplete, these cases represent the types of clinical situations that typically result in litigation.

Morris County (Nj) Superior Court—On May 11, a gravida at 24 weeks’ gestation presented to her obstetrician, who diagnosed her with hemolysis, elevated liver enzymes, and low platelet count (HELLP syndrome). Five days later, she underwent an emergency cesarean delivery of a severely disabled infant.

The mother sued, claiming the obstetrician should have recognized the seriousness of the problem when the lab results from May 11 showed elevated enzyme levels and a low platelet count. Additionally, she alleged that once HELLP syndrome was diagnosed, she and the father should have been given the option of immediately terminating the pregnancy because there was a 90% chance the infant would be born with significant disabilities. The defendant asserted he could not have detected her condition at such an early stage.

A $950,000 settlement was reached.

The cases presented here were compiled by Lewis L. Laska, editor of Medical Malpractice Verdicts, Settlements & Experts. While there are instances when the available information is incomplete, these cases represent the types of clinical situations that typically result in litigation.

Morris County (Nj) Superior Court—On May 11, a gravida at 24 weeks’ gestation presented to her obstetrician, who diagnosed her with hemolysis, elevated liver enzymes, and low platelet count (HELLP syndrome). Five days later, she underwent an emergency cesarean delivery of a severely disabled infant.

The mother sued, claiming the obstetrician should have recognized the seriousness of the problem when the lab results from May 11 showed elevated enzyme levels and a low platelet count. Additionally, she alleged that once HELLP syndrome was diagnosed, she and the father should have been given the option of immediately terminating the pregnancy because there was a 90% chance the infant would be born with significant disabilities. The defendant asserted he could not have detected her condition at such an early stage.

A $950,000 settlement was reached.

The cases presented here were compiled by Lewis L. Laska, editor of Medical Malpractice Verdicts, Settlements & Experts. While there are instances when the available information is incomplete, these cases represent the types of clinical situations that typically result in litigation.

Baltimore County (Md) Circuit Court—During labor, an Ob/Gyn encountered arrest of fetal descent. He eventually delivered the fetus using forceps and encountered a shoulder dystocia. The infant suffered a fractured collarbone and a brachial plexus injury, resulting in Erb’s palsy.

The mother asserted there were indications of cephalopelvic disproportion (CPD), a condition that warrants a cesarean delivery. The physician contended there were no signs of CPD. The patient’s records, however, contained notes from the defendant indicating there were “clinical indications of CPD with a small mother and a large baby.” He also said shoulder dystocia is a regularly occurring complication of childbirth.

The jury awarded the plaintiff $425,000.

The cases presented here were compiled by Lewis L. Laska, editor of Medical Malpractice Verdicts, Settlements & Experts. While there are instances when the available information is incomplete, these cases represent the types of clinical situations that typically result in litigation.

Baltimore County (Md) Circuit Court—During labor, an Ob/Gyn encountered arrest of fetal descent. He eventually delivered the fetus using forceps and encountered a shoulder dystocia. The infant suffered a fractured collarbone and a brachial plexus injury, resulting in Erb’s palsy.

The mother asserted there were indications of cephalopelvic disproportion (CPD), a condition that warrants a cesarean delivery. The physician contended there were no signs of CPD. The patient’s records, however, contained notes from the defendant indicating there were “clinical indications of CPD with a small mother and a large baby.” He also said shoulder dystocia is a regularly occurring complication of childbirth.

The jury awarded the plaintiff $425,000.

The cases presented here were compiled by Lewis L. Laska, editor of Medical Malpractice Verdicts, Settlements & Experts. While there are instances when the available information is incomplete, these cases represent the types of clinical situations that typically result in litigation.

Baltimore County (Md) Circuit Court—During labor, an Ob/Gyn encountered arrest of fetal descent. He eventually delivered the fetus using forceps and encountered a shoulder dystocia. The infant suffered a fractured collarbone and a brachial plexus injury, resulting in Erb’s palsy.

The mother asserted there were indications of cephalopelvic disproportion (CPD), a condition that warrants a cesarean delivery. The physician contended there were no signs of CPD. The patient’s records, however, contained notes from the defendant indicating there were “clinical indications of CPD with a small mother and a large baby.” He also said shoulder dystocia is a regularly occurring complication of childbirth.

The jury awarded the plaintiff $425,000.

The cases presented here were compiled by Lewis L. Laska, editor of Medical Malpractice Verdicts, Settlements & Experts. While there are instances when the available information is incomplete, these cases represent the types of clinical situations that typically result in litigation.

Tarrant County (Tex) District Court—When his patient’s menorrhagia failed to improve with conservative treatment, a gynecologist performed a hysterectomy. Postoperatively, the woman suffered continued blood loss and died 11 weeks later.

The patient’s family sued, claiming that the intractable bleeding led the patient to develop disseminated intravascular coagulation (DIC), which caused the onset of adult respiratory distress syndrome (ARDS). The defendant contended that the woman never developed DIC. He claimed that the patient’s pre-existing bacterial endocarditis caused aspiration, which resulted in ARDS.

The jury returned a defense verdict.

The cases presented here were compiled by Lewis L. Laska, editor of Medical Malpractice Verdicts, Settlements & Experts. While there are instances when the available information is incomplete, these cases represent the types of clinical situations that typically result in litigation.

Tarrant County (Tex) District Court—When his patient’s menorrhagia failed to improve with conservative treatment, a gynecologist performed a hysterectomy. Postoperatively, the woman suffered continued blood loss and died 11 weeks later.

The patient’s family sued, claiming that the intractable bleeding led the patient to develop disseminated intravascular coagulation (DIC), which caused the onset of adult respiratory distress syndrome (ARDS). The defendant contended that the woman never developed DIC. He claimed that the patient’s pre-existing bacterial endocarditis caused aspiration, which resulted in ARDS.

The jury returned a defense verdict.

The cases presented here were compiled by Lewis L. Laska, editor of Medical Malpractice Verdicts, Settlements & Experts. While there are instances when the available information is incomplete, these cases represent the types of clinical situations that typically result in litigation.

Tarrant County (Tex) District Court—When his patient’s menorrhagia failed to improve with conservative treatment, a gynecologist performed a hysterectomy. Postoperatively, the woman suffered continued blood loss and died 11 weeks later.

The patient’s family sued, claiming that the intractable bleeding led the patient to develop disseminated intravascular coagulation (DIC), which caused the onset of adult respiratory distress syndrome (ARDS). The defendant contended that the woman never developed DIC. He claimed that the patient’s pre-existing bacterial endocarditis caused aspiration, which resulted in ARDS.

The jury returned a defense verdict.

The cases presented here were compiled by Lewis L. Laska, editor of Medical Malpractice Verdicts, Settlements & Experts. While there are instances when the available information is incomplete, these cases represent the types of clinical situations that typically result in litigation.

US District Court (Western DISTRICT of Wis)—At 30 weeks’ gestation, a gravida presented to the hospital with lower abdominal discomfort. A nurse examined her, but she received no ultrasound or electronic fetal monitoring, nor was an obstetrician consulted. The woman was instructed to go to a better-equipped medical center if she experienced further pain. Four hours after discharge, the patient presented to the recommended hospital, where she delivered an unresponsive infant via cesarean section. The child died about 10 days later.

In suing, the parents claimed the hospital staff failed to diagnose a partial placental abruption. Also, they said the fetus suffocated during the 4 hours between the examination and the cesarean delivery. The defendant claimed a proper exam was performed and argued an ultrasound would not have diagnosed an abruption. Further, the fetal heart tones were normal, obviating the need for electronic fetal monitoring. Moreover, the defendant asserted the parents were negligent for delaying their presentation to the hospital while the mother’s problems persisted. Ultimately, an intraventricular brain hemorrhage, a complication of preterm delivery, was the cause of the infant’s death, the defense purported.

The jury returned a defense verdict.

The cases presented here were compiled by Lewis L. Laska, editor of Medical Malpractice Verdicts, Settlements & Experts. While there are instances when the available information is incomplete, these cases represent the types of clinical situations that typically result in litigation.

US District Court (Western DISTRICT of Wis)—At 30 weeks’ gestation, a gravida presented to the hospital with lower abdominal discomfort. A nurse examined her, but she received no ultrasound or electronic fetal monitoring, nor was an obstetrician consulted. The woman was instructed to go to a better-equipped medical center if she experienced further pain. Four hours after discharge, the patient presented to the recommended hospital, where she delivered an unresponsive infant via cesarean section. The child died about 10 days later.

In suing, the parents claimed the hospital staff failed to diagnose a partial placental abruption. Also, they said the fetus suffocated during the 4 hours between the examination and the cesarean delivery. The defendant claimed a proper exam was performed and argued an ultrasound would not have diagnosed an abruption. Further, the fetal heart tones were normal, obviating the need for electronic fetal monitoring. Moreover, the defendant asserted the parents were negligent for delaying their presentation to the hospital while the mother’s problems persisted. Ultimately, an intraventricular brain hemorrhage, a complication of preterm delivery, was the cause of the infant’s death, the defense purported.

The jury returned a defense verdict.

The cases presented here were compiled by Lewis L. Laska, editor of Medical Malpractice Verdicts, Settlements & Experts. While there are instances when the available information is incomplete, these cases represent the types of clinical situations that typically result in litigation.

US District Court (Western DISTRICT of Wis)—At 30 weeks’ gestation, a gravida presented to the hospital with lower abdominal discomfort. A nurse examined her, but she received no ultrasound or electronic fetal monitoring, nor was an obstetrician consulted. The woman was instructed to go to a better-equipped medical center if she experienced further pain. Four hours after discharge, the patient presented to the recommended hospital, where she delivered an unresponsive infant via cesarean section. The child died about 10 days later.

In suing, the parents claimed the hospital staff failed to diagnose a partial placental abruption. Also, they said the fetus suffocated during the 4 hours between the examination and the cesarean delivery. The defendant claimed a proper exam was performed and argued an ultrasound would not have diagnosed an abruption. Further, the fetal heart tones were normal, obviating the need for electronic fetal monitoring. Moreover, the defendant asserted the parents were negligent for delaying their presentation to the hospital while the mother’s problems persisted. Ultimately, an intraventricular brain hemorrhage, a complication of preterm delivery, was the cause of the infant’s death, the defense purported.

The jury returned a defense verdict.

The cases presented here were compiled by Lewis L. Laska, editor of Medical Malpractice Verdicts, Settlements & Experts. While there are instances when the available information is incomplete, these cases represent the types of clinical situations that typically result in litigation.

Tompkins County (Ny) Supreme Court—A woman presented to an internist with transient right-sided abdominal pain that propoxyphene did not alleviate. A CAT scan and sonogram showed a right adnexal mass.

The internist referred the patient to a gynecologist, who could not assess rebound pain because her abdomen was too tender. Since the woman was in extreme pain, he also could not perform a pelvic exam. He admitted her to the hospital with a prescription for intravenous meperidine. When the pain persisted, the clinician performed a laparoscopy and found adhesions between the ovary and abdominal wall. After lysing them, he diagnosed endometriosis and removed the ovary. Although the patient’s right-sided pain was alleviated, she suffered left-sided pain postoperatively. A pain management doctor diagnosed an entrapped nerve, and the woman underwent 2 surgeries to lessen the pain.

The plaintiff claimed the gynecologist performed the laparoscopy prematurely.

The patient sued the gynecologist, contending that she still suffered abdominal pain and that the gynecologist prematurely performed the laparoscopy. She also stated that he entrapped the left branch of the inguinal nerve when he closed the trocar incision. The physician argued the surgery was performed according to the standard of care.

The jury returned a defense verdict.

The cases presented here were compiled by Lewis L. Laska, editor of Medical Malpractice Verdicts, Settlements & Experts. While there are instances when the available information is incomplete, these cases represent the types of clinical situations that typically result in litigation.

Tompkins County (Ny) Supreme Court—A woman presented to an internist with transient right-sided abdominal pain that propoxyphene did not alleviate. A CAT scan and sonogram showed a right adnexal mass.

The internist referred the patient to a gynecologist, who could not assess rebound pain because her abdomen was too tender. Since the woman was in extreme pain, he also could not perform a pelvic exam. He admitted her to the hospital with a prescription for intravenous meperidine. When the pain persisted, the clinician performed a laparoscopy and found adhesions between the ovary and abdominal wall. After lysing them, he diagnosed endometriosis and removed the ovary. Although the patient’s right-sided pain was alleviated, she suffered left-sided pain postoperatively. A pain management doctor diagnosed an entrapped nerve, and the woman underwent 2 surgeries to lessen the pain.

The plaintiff claimed the gynecologist performed the laparoscopy prematurely.

The patient sued the gynecologist, contending that she still suffered abdominal pain and that the gynecologist prematurely performed the laparoscopy. She also stated that he entrapped the left branch of the inguinal nerve when he closed the trocar incision. The physician argued the surgery was performed according to the standard of care.

The jury returned a defense verdict.

The cases presented here were compiled by Lewis L. Laska, editor of Medical Malpractice Verdicts, Settlements & Experts. While there are instances when the available information is incomplete, these cases represent the types of clinical situations that typically result in litigation.

Tompkins County (Ny) Supreme Court—A woman presented to an internist with transient right-sided abdominal pain that propoxyphene did not alleviate. A CAT scan and sonogram showed a right adnexal mass.

The internist referred the patient to a gynecologist, who could not assess rebound pain because her abdomen was too tender. Since the woman was in extreme pain, he also could not perform a pelvic exam. He admitted her to the hospital with a prescription for intravenous meperidine. When the pain persisted, the clinician performed a laparoscopy and found adhesions between the ovary and abdominal wall. After lysing them, he diagnosed endometriosis and removed the ovary. Although the patient’s right-sided pain was alleviated, she suffered left-sided pain postoperatively. A pain management doctor diagnosed an entrapped nerve, and the woman underwent 2 surgeries to lessen the pain.

The plaintiff claimed the gynecologist performed the laparoscopy prematurely.

The patient sued the gynecologist, contending that she still suffered abdominal pain and that the gynecologist prematurely performed the laparoscopy. She also stated that he entrapped the left branch of the inguinal nerve when he closed the trocar incision. The physician argued the surgery was performed according to the standard of care.

The jury returned a defense verdict.

The cases presented here were compiled by Lewis L. Laska, editor of Medical Malpractice Verdicts, Settlements & Experts. While there are instances when the available information is incomplete, these cases represent the types of clinical situations that typically result in litigation.

Baltimore County (Md) Circuit Court—At 42 weeks’ gestation, a gravida presented to the hospital for induction of labor. After the infant was delivered vaginally, he required resuscitation. Due to a prolonged lack of oxygen, the baby suffered brain damage, resulting in motor deficits, severe speech and language delays, and an approximate IQ of 60.

The mother sued, arguing cesarean delivery is the standard of care for a postdates pregnancy and the fetal heart-rate monitor demonstrated late decelerations, which required an immediate cesarean. The obstetrician contended he followed the standard of care and that no circumstances during the patient’s labor and delivery warranted an emergent cesarean section.

The jury awarded the plaintiff $2 million.

The cases presented here were compiled by Lewis L. Laska, editor of Medical Malpractice Verdicts, Settlements & Experts. While there are instances when the available information is incomplete, these cases represent the types of clinical situations that typically result in litigation.

Baltimore County (Md) Circuit Court—At 42 weeks’ gestation, a gravida presented to the hospital for induction of labor. After the infant was delivered vaginally, he required resuscitation. Due to a prolonged lack of oxygen, the baby suffered brain damage, resulting in motor deficits, severe speech and language delays, and an approximate IQ of 60.

The mother sued, arguing cesarean delivery is the standard of care for a postdates pregnancy and the fetal heart-rate monitor demonstrated late decelerations, which required an immediate cesarean. The obstetrician contended he followed the standard of care and that no circumstances during the patient’s labor and delivery warranted an emergent cesarean section.

The jury awarded the plaintiff $2 million.

The cases presented here were compiled by Lewis L. Laska, editor of Medical Malpractice Verdicts, Settlements & Experts. While there are instances when the available information is incomplete, these cases represent the types of clinical situations that typically result in litigation.

Baltimore County (Md) Circuit Court—At 42 weeks’ gestation, a gravida presented to the hospital for induction of labor. After the infant was delivered vaginally, he required resuscitation. Due to a prolonged lack of oxygen, the baby suffered brain damage, resulting in motor deficits, severe speech and language delays, and an approximate IQ of 60.

The mother sued, arguing cesarean delivery is the standard of care for a postdates pregnancy and the fetal heart-rate monitor demonstrated late decelerations, which required an immediate cesarean. The obstetrician contended he followed the standard of care and that no circumstances during the patient’s labor and delivery warranted an emergent cesarean section.

The jury awarded the plaintiff $2 million.

The cases presented here were compiled by Lewis L. Laska, editor of Medical Malpractice Verdicts, Settlements & Experts. While there are instances when the available information is incomplete, these cases represent the types of clinical situations that typically result in litigation.