Re: Advice on refuting claims of negligence in Birth injury

From: Efrain Ramirez (eramirez@icepr.com)
Sat Feb 17 13:46:28 2001


I'll send a review of the literature and some suggestions - good luck -Efrain

At Sat, 17 Feb 2001, Chris Dr. wrote: >
>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.

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