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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.
Did this Attending remove the wrong fallopian tube?
Case rests on physician’s ability to inspire confidence in choices made in the OR.
Compound presentation, obese mother, bad outcome
The plaintiff alleged that given the fetal size and weight, earlier caesarean delivery was warranted and that improper management of shoulder dystocia and compound presentation of the posterior arm resulted in right Erb’s palsy, scapular winging, and decreased movement and function of the right extremity.
Should this ectopic pregnancy have been diagnosed earlier?
The plaintiff asserted that during the diagnostic laparoscopy, Dr A and Dr B should have detected the ectopic pregnancy in the right fallopian tube. Her attorneys claimed that based upon the plaintiff’s abdominal pain, vaginal bleeding, and β- hCG levels, and absent evidence of intrauterine pregnancy on ultrasound, the defendants should have presumed ectopic pregnancy and adequately evaluated the fallopian tube before discharging the patient, thus avoiding rupture.
Cesarean causes problems for mother and baby
Following a cesarean delivery, a mother wonders why she hasn't become pregnant again and the neonate ends up in the NICU with skull fractures.
Was this pregnancy termination properly managed?
The plaintiff’s lawyers alleged that the defendants caused the perforation during the D & C, failed to recognize it intraoperatively, and failed to repair it at the time.
Infection, misdiagnosis lead to hysterectomy
The plaintiff alleged that the defendants failed to timely diagnose and treat an intra-abdominal abscess; caused bowel injury during the cesarean; improperly closed the surgical incision in 1 layer instead of 2, resulting in wound dehiscence; and misdiagnosed her condition as gastroenteritis
Defending an obstetric case the second time around
A child's disabilities are found to be unrelated to the events that occurred at her birth.
Did Shoulder Dystocia Lead to HIE?
Plaintiff claimed that due to failure to timely deliver secondary to prolonged shoulder dystocia and cord compression, the infant suffered a hypoxic ischemic insult at delivery with concordant seizure activity, anoxia, and catastrophic brain injury.
Lawsuit resulting from preterm delivery and inadequate treatment
Looking at a lawsuit involving preterm delivery and insufficient care.
Missed bradycardia, decelerations alleged as cause of periventricular leukomalacia
The plantiff alleged that because of fetal bradycardia and late decelerations, an earlier cesarean delivery should have been urgently or emergently performed, and that the failure to do so resulted in hypoxic ischemic anoxia and brain damage to the fetus. She further alleged that because she had been placed on fetal monitoring, the L&D physician and nurses may have delayed the cesarean delivery by considering a trial of labor. She also asserted that the FHR under 100 bpm at the time of delivery suggested a prolonged period of bradycardia and that the 1-minute Apgar score of 3 was consistent with perinatal asphyxia.

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