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Legal Nursing

Failure to Timely Diagnose


and Treat Stroke
(Nurse Practitioner)

The plaintiff, age fifty-two, went to the emergency


department of the hospital in March 2005. He had
experienced transient episodes of blurred vision and also
had a numb right hand. He was examined by a doctor and
nurse practitioner “A”. The plaintiff’s symptoms quickly
resolved and a CT scan did not reveal abnormalities. About
twenty minutes later the plaintiff was examined by another
nurse, “B”, who noted slurred speech, confusion and
weakness on the right side. The symptoms were reported to
the emergency department and Nurse “B” was told that
these symptoms had not been present in the examinations
by the doctor and nurse practitioner “A”.
The plaintiff’s symptoms worsened. By the next day it was
determined that the plaintiff had suffered a full stroke. The
plaintiff was transferred to another hospital and was
hospitalized for several weeks. He achieved significant
recovery, but continued to have partial paralysis of his right
arm, aphasia, mild impairment of cognitive functions, and
foot drop of the right foot. He requires a cane, but can
independently perform most of his everyday activities.
A $4 million settlement was reached at the end of the
plaintiff’s presentation of evidence at trial.

Failure to Properly Respond to Fetal Distress During Labor


(Neonatal Nurse) (Labor and Delivery Care Nurse)
The plaintiff mother had a history of meth use and was admitted to labor and delivery in April 2006 for cervical ripening and
induction of labor. The labor was augmented with Pitocin. The mother developed an over-frequent contraction pattern and the
long term beat-to-beat variability of the fetal heart decreased. Late decelerations were also recorded on the fetal monitor.
The nurses intervened more than five hours after the first signs of fetal distress, but this did not include reducing the rate of
Pitocin infusion. When the Pitocin was finally stopped the fetal monitor recorded a prolonged deceleration and a contraction
which lasted for more than five minutes.
The family practice doctor was contacted, but chose to have the mother and baby rechecked an hour later. The baby was
delivered by emergency cesarean section two and one-half hours after the defendant doctor ordered the recheck.
The newborn required extensive resuscitation. She was diagnosed with severe perinatal depression and hypoxic ischemic
encephalopathy. She did not survive, however. According to a published account a $325,000 settlement was reached.

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