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Poor Medical and Hospital Care Results in the Death of a Newborn

Confidential settlement was reached

Sally and John were excited to start their family. After months of trying to conceive, Sally went on the fertility drug, Clomid. The Clomid worked, and Sally became pregnant. Sally’s prenatal records show an entirely normal pregnancy and prenatal course. She was due to deliver on September 30th.

In the early summer, Sally switched to a new obstetrician and continued to have an uneventful pregnancy. On her due date, she went to the doctor and was evaluated. But the baby had different plans and was not ready, so the doctor told Sally to come back on October 9th. She returned as instructed on the 9th — 41 weeks and 2 days into her pregnancy. But still, the baby was not ready; neither was Sally’s cervix. So, the doctor told her to come back on Oct 13th. Once again, Sally did as she was told and returned as instructed. She was now 41 weeks and 6 days into her pregnancy. She was told everything looked great, and that it was time to induce labor.

So, Sally went to the hospital where a resident performed an ultrasound. This ultrasound showed that the baby’s head was down (a good position for delivery). The resident also took Sally’s prenatal information, did a physical exam and a risk assessment, and wrote numerous orders for her, including an order for continuous electronic fetal monitoring (EFM).

Regrettably, the EFM was not started for about 2 hours. When it finally was, no fetal heart beat could be found. Sally was then required to undergo induction and labor, only to deliver a stillborn baby. Sally’s medical providers told her that “sometimes this just happens.” Sally wasn’t so sure.

Sally and John hired The Eisen Law Firm. The Eisen Law Firm filed a lawsuit alleging the defendant doctors and hospital were negligent in their care and treatment of Sally and her baby, and that their negligence caused the baby’s death. The Eisen Law Firm was able to show that Sally did not receive appropriate care late in her pregnancy. After she reached 41 weeks, greater care should have been taken to assure the baby’s health in the womb. In addition, certain tests should have been done to make sure it was safe to keep waiting. Had the appropriate tests been done, it is likely that a problem would have been discovered in time to get the baby delivered without any injury at all.

While it is true that “sometimes this just happens,” it is also true that sometimes very tragic things – including stillbirths — happen because health care providers do not perform their jobs properly.

The Eisen Law Firm negotiated a confidential settlement for Sally and John.