Advice on refuting claims of negligence in Birth injury
From: Chris Dr. (necromantia@hotmail.com)
Sat Feb 17 03:46:08 2001
I am Obstetrician Fellow of the Royal College London. 20 years
experience in O and G.
Case History :
32 year old primi with renal gylcosuria and Pih at 37 weeks gestation.
Surgical induction carried out at 39 weeks gestation. Pitocin induction
carried out. Os full dilatation after 12 hours at 11 pm. Forceps
delivery carried out. Encountered Shoulder Dystocia. Mc Roberts
menuver and suprapubic pressure applied. Baby delivered Apgar 2 at
birth 9 after 5 min. Birth weight 4.4kg. Time laps between delivery of
head and shoulder about 5 min. Baby nursed in incubator but required
oxygen by headbox. Turned cyanosed without oxygen. Also noted evidence
of Erbs Palsy . The baby was referred to a paediatric unit. This took
place in 1996. The baby was diagnosed in the paediatric unit as birth
asphyxia and right brachial plexus injury. The baby was ventilated and
discharged after one week. Apparently there is some residual erbs
palsy.
Problem :
The patients has taken a case against me. Claims are
1)Delivery took up a long time.
2) The plaintiff was delieved in condition of birth ashyxia and injury
of shoulder.
3)I had breeched a contract for failing to give proper examination,
diagnosis and surgical service.
4) Fail to conduct proper examination.
5) Fail to do proper investigation on the plaintff's mother and the
plaintiff to ensure that the condition of foetal macrosomia did not
occur.
6) Fail to identify that the plaintiff was suffering from fetal
macrosomia.
7) Fail to perform a caesarean operation when the signes were indicated.
8) Carried out the delivery without reasonable attention and skill to
avoid injury to the brain and shoulder.
9) Fail to use attention and skill in using the forceps.
10) Took a long time to deliver the plaintiff which caused the plaitiff
to suffer from birth asphyxia.
Would appreciate advice on refuting claims of negligence.
Awaitng early replies. Thank you.
