Medicolegal Issues

Should Pregnancy Have Been Considered High Risk?

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Case reprinted with permission from Medical Malpractice Verdicts, Settlements and Experts, Lewis Laska, Editor, (800) 298-6288.

A pregnant woman received prenatal care from nurse-midwives and family practice physicians at a federally funded community health center in Wisconsin. On the day of delivery, according to the patient, the nurse-midwives covering deliveries failed to come to the hospital to evaluate her.

A nurse-midwife arrived about 40 minutes before the woman’s delivery and had difficulty delivering the infant because of shoulder dystocia. A second nurse-midwife arrived and performed maneuvers to facilitate delivery. The infant sustained severe brain damage.

At a trial conducted on the issue of damages only, the plaintiff claimed her pregnancy was high risk due to her previous history of delivering two large infants, her advanced age, and symptoms of gestational diabetes. The plaintiff maintained that she should have been given a referral to an obstetrician/gynecologist and/or a perinatologist.

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