PATIENT’S CLAIM The nurses were negligent in failing to correctly count the sponges. The ObGyn was negligent for leaving the sponge in the patient’s abdomen, and for not responding to her complaints by determining the cause of her pain.
DEFENDANTS’ DEFENSE The nurses admitted liability but contended that the ObGyn was also at fault under the captain-of-the-ship doctrine. The ObGyn denied negligence, arguing that it was the nurses’ responsibility to count the sponges and that he acted properly by referring the patient to her primary care physician.
VERDICT The Pennsylvania jury found the hospital and nurses negligent and awarded a $525,000 verdict. A defense verdict was returned for the ObGyn.
Hypoxic ischemic encephalopathy
A WOMAN WENT TO THE HOSPITAL in labor. Her ObGyn was consulted by telephone at 10:20 pm. At 5:40 am, a positive scalp stimulation test indicated the fetus was healthy. The nurse called the ObGyn, who was en route to the hospital. At 6:04 am, the fetal heart rate dropped to 60 bpm. The nurse again contacted the ObGyn, and then called in a midwife, who took no effective action to complete delivery.
At 6:16 am, the covering physician was summoned, but the ObGyn arrived and took charge. When he saw that the fetal heart rate was still 60 bpm, he performed a central episiotomy and delivered the infant at 6:23 am using vacuum extraction. The infant suffered perinatal depression with hypoxic ischemic encephalopathy and brain damage.
PATIENT’S CLAIM The injuries were caused by continued low fetal heart rate. The hospital nurse, midwife, and covering physician were negligent in not reacting to the low fetal heart rate by performing emergency cesarean delivery. The ObGyn was negligent for not coming to the hospital earlier.
DEFENDANTS’ DEFENSE The hospital staff acted properly. The ObGyn was in touch with the hospital staff and came when labor became active. When he saw that the fetal heart rate was low, he saved the child’s life.
VERDICT A $7 million settlement was reached with the hospital; a defense verdict was returned for the ObGyn.
Incontinence or ovarian cancer?
A WOMAN IN HER 50s saw a urologist in November 2004 because of urinary incontinence. The urologist prescribed medication. During the next 2 years, there were additional examinations and treatment, but incontinence continued. In January 2007, a diagnosis of ovarian cancer was made. She died after the suit was filed.
ESTATE’S CLAIM Ovarian cancer should have been diagnosed in November 2004. The cancer could have been treated, and the patient would have survived. Incontinence is a symptom of that type of ovarian cancer.
PHYSICIAN’S DEFENSE The tests in November 2004 indicated that the decedent’s incontinence was from muscle weakness. Cancer did not develop until late 2006.
VERDICT A New York defense verdict was returned.
These cases were selected by the editors of OBG Management from Medical Malpractice Verdicts, Settlements & Experts, with permission of the editor, Lewis Laska (www.verdictslaska.com). The information available to the editors about the cases presented here is sometimes incomplete. Moreover, the cases may or may not have merit. Nevertheless, these cases represent the types of clinical situations that typically result in litigation and are meant to illustrate nationwide variation in jury verdicts and awards.