Nash & Associates: Case Under Investigation
Cerebral Palsy – untimely care during labor
Case Facts: Our client, who had lost a prior child from a rare brain tumor, became pregnant and came under the care of both an obstetrician and maternal fetal specialist. Because of her prior tragedy, she was constantly worried about having this baby and was constantly contacting her physicians at any unusual feeling or event during her pregnancy. For those who have had children can understand, she made several ‘false alarm’ trips to the hospital.
On the last of the events, she presented to the hospital once again, concerned that she was now truly in labor. She was admitted. After many, many hours of labor, during which we believe the obstetrician should have realized that there was a failure of the labor to properly progress, the fetal heart tracings showed that her baby needed to be delivered. She had been asking her health care providers if they should be performing a C-section. She was advised this was unnecessary. Finally, after hours and hours of laboring, she gave birth to her child. He has now been diagnosed as having cerebral palsy.
We are in the process of securing all of her medical records and those of her child. Should our investigation, which is just at the beginning stages, reveal that this unfortunate outcome for her child was as a result of inattentiveness and inaction by her obstetrician, suit will be filed.
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Again, the above ‘cases under investigation’ are just that – under investigation. At Nash & Associates, we recognize that bad results can occur even when the medical care is totally proper. We believe it is our ethical duty to our clients to totally and properly investigate these matters to identify those cases in which tragic outcomes are the result of negligence. While we attempt to initially screen incoming matters to determine which may have merit, the final determination to proceed to a lawsuit is not made unless and until we are satisfied, through proper investigation and qualified expert consultation. that a valid malpractice case exists. Of course, the ultimate determination of the validity of a case lies with the jurors who must unanimously agree that our assessment was correct.
We provide the above information to give you, the visitors to our sight, information as to a sampling of the nature of our practice and insight into the expertise we possess in this area of the law. We do not simply market, collect cases and refer them to other lawyers, who specialize in this area of the law. We are the ones who handle these matters with our many years of highly successful experience in the evaluation, settlement and, when necessary, litigation of medical malpractice and catastrophic injury cases.
