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Andrew I. Kaplan, Esq
Mr. Kaplan is a partner at Aaronson, Rappaport, Feinstein & Deutsch, LLP, specializing in medical malpractice defense and healthcare litigation.
Conflicting testimony, poor documentation sink high-risk delivery defense
A plaintiff in one case alleged that the defendants were negligent by failing to monitor fetal growth and appropriately estimate fetal weight and position; failing to perform a caesarean delivery and prevent birth trauma during labor and delivery; failing to recognize the signs and symptoms of fetal distress; and negligently using oxytocin in the presence of fetal distress.
Perceptions about cause of dystocia lead to litigation
A patient presents to a hospital with onset of contraction and spontaneous rupture of the fetal membranes. The rupture revealed clear amniotic fluid. The resident evaluating the patient noted that her cervix was 3 cm dilated and 70% effaced, and the fetus was at -2 station and in vertex position. The patient was placed on oxytocin and was 6 cm to 7 cm dilated within 90 minutes.
How was this ureter damaged?
During laparoscopic hysterectomy, injury to adjacent organs is a known complication. But the inability to explain the mechanism of surgery and the complications that occur postoperatively often make risks difficult to defend in court.
Legally Speaking: A mistreated hemorrhage ends in maternal death
When a physician is pulled into a patient's care at the tail end of her management, the repercussions can be negative for both patient and doctor. The patient may suffer because the physician is ignorant of prior diagnoses and treatment, and the doctor may face legal repercussions of being drawn into a situation already gone awry.