Chicago Birth Injury Case Settled: Delay in Delivery Results in Severe Brain Damage to Baby
During labor and delivery minutes can sometimes be the difference between a good outcome and a poor outcome. So consider the case of a Chicago mother who was forced to wait over two hours before her baby was finally delivered. A recent Chicago birth injury malpractice case settled with Northwestern Memorial Hospital highlights the importance of timing during labor and delivery.
According to the mother's statement, she waited for more than two hours in the obstetrical waiting area at Northwestern Memorial Hospital before a physician even evaluated her. The plaintiff's lawyers alleged that this lengthy wait was negligent in light of the fact that upon arrival to the hospital she had been ordered for an immediate induction of labor due to her severe lack of amniotic fluid. Amniotic fluid is what protects the baby inside the womb and is extremely important to the baby's well-being.
During the two hour wait the physicians were apparently waiting for confirmation of the baby's status via newer tests. When the results finally did arrive they confirmed that the fetal heartbeat was very faint and that an emergency Cesearean section was in fact required. However, this delay resulted in a severe birth injury to the baby boy. He was born nearly lifeless and required resuscitation in order to be revived. He was diagnosed with severe brain damage and immediately placed on life support. The baby passed away a month after he was born.
What was particularly interesting about the case was that the delivery was actually a 
In December, 2002, the now six year-old boy's mother arrived at Elmhurst Memorial Hospital to induce labor. However, the labor did not run smoothly, and after over four hours had elapsed the medical providers opted to perform a cesarean section. When the baby boy was delivered it was found that he had 
The child is now four and has sustained permanent injuries, including cognitive visual impairment and 
Recent research suggests that worldwide perhaps as many as one woman dies every minute from complications of pregnancy or childbirth, which is about 20 times greater than the number who have suffered childbirth injuries. As a firm we have taken on several 
The mother in this 
For example, clinicians use electronic fetal monitoring (EFM) and ultrasound equipment to visualize the fetus to confirm that the unborn child is moving, breathing, and posturing properly and to evaluate the amniotic fluid and monitor the laboring mother’s contractions. All of this information is used to detect signs of fetal distress including hypoxia, which is the lack of oxygen, and ischemia, which is the lack of blood flow. 
Attorneys practicing civil justice traveled from all over the United States to attend the meetings. Different seminars were available each day from Saturday, February 7 through Wednesday, February 11, 2009. At the birth trauma litigation group’s full day seminar, attendees were treated to new developments in electronic fetal monitoring tracing and other issues in medicine, nursing, and hospital practices. 
In Illinois, the “intentional destruction, mutilation, alteration or concealment of evidence” is called spoliation of evidence. If medical records were to be destroyed or altered, the Illinois Supreme Court can impose a sanction upon any party who unreasonably refuses to comply with any discovery rule or order entered pursuant to the Illinois Supreme Court Rules. The court has the power to stay the proceedings pending compliance; default the case, barring further pleading related to the issue; dismiss a claim or counterclaim related to that issue; exclude testimony related to the issue; to strike any relevant portion of the offending party’s pleadings and enter judgment on the issue; and to enter a default judgment or dismissal against the offending party. 
In a recent Illinois case, baby Tanisha Ruffin’s shoulder became impacted on her mother’s pelvic bone during delivery, which put stress on Tanisha's shoulders. In order to free up her shoulders from her mother’s pelvic bone, the defendant obstetrician testified that he used a vacuum extractor cup and a gentle traction on the baby’s head to manipulate her out. Nonetheless, Tanisha was born with Erb’s palsy because of the damage to the brachial plexus nerve network in her shoulder area. 
The baby's mother brought a 
