A team of researchers led by Adam Wright, PhD, a scientist at Brigham and Women’s Hospital in Boston, studied 10 healthcare organizations that use different electronic health records in the United States, United Kingdom, and Argentina. The study, which was published in the October 2015 issue of the International Journal of Medical Informatics, was designed to see how complete problem lists were at each facility. The investigation revealed staggering levels of completeness varying from 60% to 99%, with an average of 78%.

Larkin v. Johnston, a recent malpractice case out of Massachusetts, illustrates what can happen when a problem list is incomplete. Andrea Larkin, a 28-year-old woman, former school teacher, who ran the Boston Marathon in 2004, suffered a stroke that left her partially paralyzed after childbirth and now requires 24-hour care. The case began with Larkin’s visit to a clinic after running the Boston Marathon and experiencing dizzy spells. Dr. Jehane Johnston ordered an MRI and CT scan which revealed brain abnormalities. Dedham Medical Associates had a specific policy requiring doctors to make note of such abnormal findings in a “problem list,” on the inside cover of Larkin’s medical record. This policy was intended to improve patient safety by bringing the conditions to the attention of any clinician’s review of the chart in the future. Unfortunately, Larkin’s abnormal brain findings were never entered in the problem list, so, when Larkin became pregnant nearly four years later, Larkin’s obstetrician was not aware of her brain issues. Larkin, who would have been given a C-section had her OB-GYN been aware of her brain abnormalities, was allowed to have a vaginal birth which resulted in a massive stroke just hours after giving birth to her daughter. Larkin was awarded $35.4 million – over $41 million with interest.

As illustrated above, the policy of having a problem list can backfire, by actually causing the very thing it is meant to prevent: the loss of important alerts about a patient’s condition. Today, clinicians often depend on problem lists, which can result in them becoming too lax about digging through a patient’s entire record. The lawyers at Bottar Law, PLLC take great pride in successfully investigating, prosecuting, and trying to verdict all types of medical malpractice cases. To speak with our experienced legal team about a potential medical malpractice claim, contact the Firm.

Precipitate delivery, which is any labor and delivery lasting less than 2 hours, can be dangerous for the mother and fetus. Generally, a precipitate delivery involves almost constant contractions that may be very intense. The rapid contractions make it difficult for a laboring mother to find a rhythm, and subject the fetus to constant pressure which can lead to umbilical cord compression and inadequate blood flow. Compromised blood flow may lead to low fetal oxygen levels and acidosis. Acidosis can lead to fetal brain damage and lifelong disabilities such as cerebral palsy.

Rapidly born babies also have insufficient time to adjust to life outside the womb and may require assistance with breathing. Many precipitate delivery babies are born with broken blood vessels, which may appear as red spots on the skin or burst blood vessels in the whites of the eyes. Precipitate delivery may also be associated with vaginal and perineum tears, as well as birth trauma, such as delivery of a baby onto the ground or other hard surface leading to lacerations and fractures. A tumble to the ground may also lead to umbilical cord snapping and delayed delivery of the placenta. A torn umbilical cord or late placental delivery can lead to maternal hemorrhaging.

The failure to anticipate a precipitate labor may be due to medical malpractice or hospital negligence. While precipitate labor is difficult to anticipate, their are warnings signs or risk factors, including: a multipara mother with relaxed pelvic or perineal floor muscles and/or a multipara mother with a history of strong contractions.

The trial lawyers at Bottar Law, PLLC, have decades of experience investigating, prosecuting and trying to verdict all types of medical malpractice cases, including those where a baby was injured because of a rapid delivery. If you recently delivered a baby in less than 2 hours and the baby has been diagnosed with a disability, you and/or your family may be entitled to compensation for lifelong health care, medical expenses, medical bills, loss of income, and pain and suffering.

To discuss your case or concerns with an experienced Central New York medical malpractice lawyer, contact Bottar Law, PLLC now at (315) 933-4448, or by e-mail at info@bottarlaw.com.