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Newborn Brain Injury Due to Delayed Delivery | December 15, 2021

Lawsuit Against Bethesda Hospital

On December 15, 2021, WVFK&N attorneys Mary Koch and Sarah Smith filed a medical malpractice claim on behalf of a newborn who suffered an avoidable brain injury.

The complaint alleges that on August 6, 2014, at approximately 11:00 a.m., the child’s mother presented to her obstetrician for a biophysical profile, nonstress test and ultrasound. A nurse practitioner noted elevated umbilical artery dopplers, a biophysical profile score of 2/10, decreased fetal movement over the last two (2) days, and no fetal movement during the examination. The nurse practitioner reviewed her findings with the obstetrician, who advised the mother of his recommendation for her to be admitted to the hospital for further evaluation. The mother presented to Bethesda Hospital at approximately 12:44 p.m., and was admitted to labor and delivery at approximately 3:00 p.m. At that time, she was approximately 36 weeks and 4 days’ gestation. Fetal monitoring was initiated at approximately 3:00 p.m. Decreased variability of the fetal heartrate was noted almost immediately at 3:06 p.m. At 3:20 p.m., the nurse noted that the delivery doctor was called to notify him of the mother’s arrival, as well as the concerning fetal heart rate tracing. The nurse also noted that orders were received for a stat cesarean section. At 4:58 p.m., the nurse noted that delivering doctor was in a current cesarean section delivery and that he was aware of the decreased variability with decelerations to 130. Despite these ominous findings, the baby was not delivered via cesarean section until approximately 5:54 p.m. secondary to non-reassuring fetal status. The child was eventually diagnosed with cerebral palsy following the torrid birth.

The lawsuit alleges that the injuries were a result of the negligence of Bethesda Hospital and its employees in failing to timely respond to concerning clinical signs and failing to timely deliver the baby.

The action is pending in the Circuit Court for Palm Beach County, Florida.

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