Defense Win February 2015

Defense Win February 2015

bruce-keplinger chris-lucasBruce Keplinger and Christopher Lucas of Norris & Keplinger of Overland Park, Kansas, successfully represented a maternal fetal medicine doctor and his group in a medical malpractice wrongful death case. Plaintiff was admitted to the hospital and diagnosed with preterm premature rupture of membranes. She was put on external fetal monitoring for 21/2 days and prescribed bed rest. On 7/24, Plaintiff was taken off continuous monitoring and allowed to use the bathroom. From 7/24 to 7/26, Plaintiff claimed she suffered increasing signs of labor including vaginal bleeding and abdominal pain. At 2:30 p.m. on 07/26, Plaintiff began delivering (the baby was breech) and Plaintiff was taken to the OR. The OR physicians decided to deliver vaginally (although a c-section had been planned due to the breech position). The baby’s head became entrapped in the cervix, cutting off oxygen. Eventually the baby was freed and delivered, but was born unresponsive and died 20 minutes later. Plaintiffs brought suit claiming failure to diagnose active labor and perform a c-section. Defendants claimed non-stress tests on 7/25 and 7/26 showed no contractions, and the doctor and the nurses assessed Plaintiff’s condition regularly and saw no evidence of active labor. Defendants claimed Plaintiff suffered a precipitous delivery (the doctor last saw Plaintiff on 7/26 at 11:00 a.m. and delivery started at 2:30 p.m.), and claimed there were no signs of labor when Plaintiff was seen by the doctor.

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