Expert Witness Case # 36
This case concerns a 29-year-old woman who was G2P1 and induced at 41 weeks gestation.
She was induced with oxytocin and progressed to 9cm dilation but did not reach full dilatation. During labor she also developed a fever.
The baby was in an occiput posterior position. The OB resident and attending made multiple attempts with forceps to rotate the baby that were unsuccessful.
A C-section was eventually performed, and the child was noted to be critically ill. He was immediately intubated.
The child suffered from severe hypoxic ischemic encephalopathy, seizures, among numerous other issues.
Unfortunately the child died about 3 weeks later.
The parents contacted a law firm, and a lawsuit was filed against the attending OBGYN, his medical group, and the hospital.
The resident was not named in the lawsuit.
An expert witness was hired and wrote the following opinion:
The lawsuit is ongoing with a trial scheduled for March 2021.
MedMalReviewer Opinion:
This lawsuit is unique because it alleges harm to 2 patients; both the newborn and the mother. The plaintiffs state that the mother now suffers permanent foot drop from a lumbosacral plexopathy that was caused during the delivery.
The resident was not specifically named as a defendant in the lawsuit. However, the hospital itself was named in the lawsuit because the resident (acting as an agent of the hospital) allegedly did not notify the attending of multiple problems with the mother’s labor.
Reviewing malpractice cases from multiple specialties is a valuable exercise. It provide an opportunity for medical education for generalists, and also provides a strong foundation for understanding the breadth of medicolegal issues in America.
Previous Cases:
Specialty: Psychiatry
Synopsis: A woman in her 30s sees her psychiatrist because she is upset that her sister will not let her move in with her. 2 dies later the patient dies by suicide, hanging herself within feet of the sister’s backyard.
Settlement Offer: $1,000,000
Specialty: Urology
Synopsis: 42-year-old man undergoes vasectomy, testicular artery is ligated instead of the vas deferens. Patient has an orchiectomy days later.
Outcome: Urologist loses at trial. $336,000 paid to patient, $50,000 to his wife.
Expert Witness Income: $9,000 to testify at trial (in addition to undisclosed fee to write the expert witness opinion)
Specialties: Radiology, Cardiology
Synopsis: 76-year-old man dies of thoracic aortic aneurysm. Review of his records show multiple missed opportunities over the preceding 10 years to prevent his death.
Settlement Offers: $16 million split between multiple defendants