Legal Question in Medical Malpractice in New Jersey

''High risk pregnancy''

''High risk pregnancy''

My wife at age 40 was diagnosed with gestational diabetes in the third trimester.We made extra visits to the OB-Gyn and went for bi-weekly stress tests during the last month. We monitered her blood sugar levels and reported them to the nurse.

Her Drs. decided the baby could be born a week early as size size was of some concern. After getting to the birthing room her Dr. initiated an IV to induce labor.No ultrasound was done, and we were told the baby would ''pop right out''. This is our second child.After 15 hours labor the babys head was 3 minutes post fundus. He was stuck,the Dr. was forced to break his collar bone,and cut deeply into my wifes pelvic region to deliver the child.The child was grey and unconscious, apparently lifeless. Neonatal worked on the baby and resucitated him.He spent a week in NICU and was sent home with a fractured clavicle and Erbs Palsey of the left arm.He recovered in about a month and a half.My wife has difficulty controlling her bowels,she suspects some type of nerve damage,and her(our) sex life is on hold because of the pain she feels during even mild intercourse.Why wasnt she given the option of a C-section

will the next patient lose her baby this way,or were we just lucky?


Asked on 12/01/06, 12:13 am

4 Answers from Attorneys

Adam L. Rothenberg Levinson Axelrod, P.C.

Re: ''High risk pregnancy''

I am so sorry that you had to go through this. Based upon my prior experience this is demonstrable incompetence and was avoidable. In fact, the situation may have been predictable based upon ultrasound and completely avoidable.

I empathize with the trauma your wife and child went through. I strongly suggest that you contact an attorney to discuss evaluating this matter for malpractice and proceeding against the doctor.

You are lucky that they survived, but that doees not pardon the damage. Only by holding people responsible for their actions can you expect that they will act responsibly in the future.

Please feel free to contact me to discuss your case and arrange a consultation. I can be reached at 800-34 NJ LAw. I really think that this matter deserves to be explored.

Depending on the hospital and doctor which was involved, there may be time issues, so please do not wait to at least seek a consultation.

Best wishes. Adam L. Rothenberg

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Answered on 12/01/06, 12:22 am
Michael Zerres Blume Forte Fried Zerres & Molinari

Re: ''High risk pregnancy''

Dear Sir. I have reviewed your post and am sorry to hear about your situation. I am curious to know the baby's birth weight. In any event, gestational diabetes is a SIGNIFCANT risk factor for shoulder dystocia. I feel you should definitely have been told of that risk and advised of the options of vaginal v. c-section delivery. I have personally handled more than twenty five of these cases, ie, shoulder dystocia...many involving mothers with gestational diabetes and would be happy to discuss your concerns with you further. Mike

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Answered on 12/01/06, 7:52 am
Scott Diamond DIAMONDLAWYER

Re: ''High risk pregnancy''

there is a lot more info. required. It is certainly worth looking into. in order for me to evaluate this, I need to speak with you.

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Answered on 12/02/06, 4:06 pm
Arthur Newmark Arthur Newmark, M.D.. Esq

Re: ''High risk pregnancy''

The medical literature demonstrates the importance of managing glucose levels in gestational diabetes (as well as nongestational diabetes), to reduce the chance of having the complications you describe. One of the reasons to monitor women with gestational diabetes is to decide if they should be offered a C-section, which again would likely have prevented the problems you describe.

Whether there is a malpractice case with regard to the care you describe this time, depends largely on what permanent harm your wife and your child had suffered. Both your wife and child need to be evaluated as soon as practical, in order to determine what damage they�ve suffered, and what treatment, if any, will help to reduce that damage.

If you are considering a malpractice case, you should contact an attorney as soon as possible. I am a doctor and a lawyer, and would be happy to review your case.

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Answered on 12/01/06, 12:22 pm


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