Delay in Performing C-Section Resulting in Stillborn Delivery

The Atkinson Case

After becoming pregnant for the first time, Ms. Atkinson began receiving prenatal care from a local obstetrician. Four days post-due, Ms. Atkinson felt contractions and went to a local Hospital.

When she was admitted and placed on the fetal monitor in the triage area, the baby’s fetal heart rate was documented in the 80s to 90s. After a biophysical profile score was found to be 4/8, a call was placed to Ms. Atkinson’s treating obstetrician. Reportedly, the obstetrician told the staff that he would be coming into the Hospital to perform a C-Section; however, there was some confusion in the communication and Ms. Atkinson remained in the triage area for about 3 hours with additional episodes of decreased fetal heart rate.

Finally, after an additional two hours elapsed, an emergency C-Section was called and a general anesthetic was given; however, this delay unfortunately resulted in the delivery of a full term stillborn baby.

After requesting Ms. Atkinson’s medical records and having the case reviewed by experts, we were successful in reaching a substantial settlement of this matter. This settlement was unique in that it occurred prior to initiating the lawsuit and was facilitated by our firm’s history and relationship with the potential Defendants, the Defendants’ insurer, and Defendants’ insurer’s counsel.