In an out-of-state case, a plaintiff is alleging that a doctor’s negligence in the birth of their daughter caused the child to suffer from spastic quadriplegia. Spastic quadriplegia is a form of cerebral palsy, which affects all of a person’s limbs, both arms and both legs. However, it does not cause paralysis, instead it involves the spasticity of the limbs.
Spasticity is spasms, and spasms usually are tightness, stiffness or a pull of the muscles that is not normal or typical. A person who suffers from spasms does not have control over the muscles during a spasm. Spasms occur due to a disorder of a person’s central nervous system.
In this instance it is alleged that in 2001 when the child’s mother was admitted to the Colorado hospital, labor was induced. The doctor provided the mother with a labor-inducing drug, however, there is a dispute over how much of the drug the mother received. But, after the drug was given to the mother she started to show signs of fetal distress and uterine hyperstimulation (which is a high frequency or length of contradictions).
Soon, the doctor performed an emergency C-section. The lawsuit then alleges that the child after the C-section was performed was given an Apgar test. This is a routine test given to all newborns to evaluate the newborn’s appearance, pulse, grimace, activity and respiration. The Apgar test is given the first minute of the newborn’s life and then again five minutes after birth. An Apgar score of seven to ten (ten is the highest score) generally means the child is in good health. While a score of four to six is low, meaning the newborn requires help breathing, and a score of three or below requires the doctors to implement lifesaving measures as the infant is in critical condition.
It must be noted that even if a newborn has a low Apgar’s test it does not necessarily mean that the newborn will not be fully healthy. However, in the out-of-state suit, the plaintiff’s alleges that the child’s one-minute and five-minute Agpar test was one and an additional test ten-minutes after birth was two. The plaintiff’s allege that the doctor was negligent because he administered too high of an amount of the labor-inducing drug, failed to properly read the fetal monitor and failed to perform the C-section in time, and this negligence caused the spastic quadriplegia.
This lawsuit is still in its early stages and we will continue to monitor it to see the results. However, it is important to keep track of suits of this nature because we want to keep track of all birth injury suits so that we can better understand the practices of doctors and it increases our ability to serve our clients by keeping track of as many birth injury cases as possible. If you believe that your child may have suffered a birth injury please contact our office because we would like to help your family in anyway possible.
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