Medical Negligence

2011 CITY OF ST. LOUIS

WRONGFUL DEATH MEDICAL MALPRACTICE, BIRTH INJURY

ATTORNEY: ROBERT H. PEDROLI, JR.

CLAIM SUMMARY:  NEGLEGENT FAILURE TO TIMELY PERFORM CESARIAN SECTION; NEGLIGENT FAILURE TO HAVE AN EXTRA AVAILABLE OPERATING ROOM  AT NIGHT FOR EMERGENCIES

Parties:  Young unmarried mother of decedent  still born child vs. ob-gyn physician and hospital

Type of Claim:  We concluded a suit against a physician and hospital for wrongful death of full term fetus that was still born.  It was alleged that the physician waited too long to call for an emergency c-section.  Ther fetal heart monitor tapes or tracings showed fetal tachycardia and bradycardia for durations that made the tracings non-reassuring.  The situation worsened so that other patterns emerged including: saltatory variability; variable decelerations associated with a non-reassuring pattern; late decelerations without preserved beat-to-beat variability; persistent late decelerations with loss of beat-to-beat variability; non-reassuring variable decelerations associated with loss of beat-to-beat variability; prolonged severe bradycardia; and sinusoidal pattern.

The hospital failed to have an available operating room and failed to open one in a timely fashion.

There is evidence of a standard of 30 minutes to perform a cesarian section upon the existence of an obstetric emergency.  The parties agreed to contribute to a confidential settlement.  The case settled after a recess of the defendant physician’s deposition.

Damages:  death of fetus and loss of society, services and relationship opportunities with deceased son.

SETTLEMENT: Settlement amount confidential.  Settlement was made by the hospital and the physician.

COMMENTS:    A full understanding of the standards applicable to ob-gyn physicians and maternity hospitals is necessary to properly pursue these devastating cases.