Emory University Hospital Midtown complaint alleges delayed cesarean before newborn’s hypoxic brain injury
The complaint alleges that Emory University Hospital Midtown staff did not properly monitor and treat a pregnant patient during more than 22 hours of labor. She presented in July 2019 with ruptured membranes, meconium-stained fluid, and pre-eclampsia. Her fetal heart tracings repeatedly showed late decelerations, with periods of minimal variability. The complaint alleges physicians delayed a cesarean section for hours after she met criteria for failure to progress. A nurse repeatedly reported her racing pulse, and later chills, to physicians, who gave no further orders. The newborn was delivered in July 2019 with a cord blood pH of 6.98 and was later diagnosed with cerebral palsy.
Overview
This page concerns a public complaint alleging inadequate labor monitoring before a delayed cesarean delivery and the newborn’s brain injury.
Chronology
The complaint alleges as follows:
- The patient arrived at Emory University Hospital Midtown in July 2019 at 39 weeks 6 days gestation, with ruptured membranes and pre-eclampsia.
- Her fetal heart tracings were intermittently Category II through the day, showing late decelerations and periods of minimal variability.
- Around 1:25 p.m., physicians ordered magnesium sulfate for pre-eclampsia and Pitocin for labor augmentation. Pitocin was stopped in the late afternoon for a Category II tracing, then restarted around 6:00 p.m.
- By 2:00 a.m. the next day a resident noted she had remained unchanged for over six hours and met criteria for failure to progress. Two operating rooms were running, so the cesarean would proceed once an OR and staff were available.
- Overnight her pulse rose into the 110s to 130s and her oxygen saturation fell as low as 56 percent.
- A nurse raised concern for infection with two physicians because of her tachycardia and chills. They were unconcerned because she had no fever, fetal tachycardia, or fundal tenderness.
- She was taken to the operating room after her fetal heart tones dropped. The newborn was delivered by cesarean around 4:40 a.m. with a cord blood pH of 6.98.
Alleged failures
The complaint alleges the following failures:
- The physician and nurse defendants did not properly or timely assess, monitor, and treat the patient during her prolonged labor.
- The complaint alleges the cesarean delivery was negligently delayed. After she met criteria for failure to progress, the cesarean waited over two hours for an operating room.
- Physicians gave no further orders when a nurse reported her racing heart overnight and, later, her chills and warmth to the touch.
- The complaint alleges this negligence delayed delivery and caused the newborn’s hypoxic-ischemic encephalopathy and cerebral palsy.
- The complaint pleads medical and nursing malpractice against Emory and the physician and nurse defendants. It alleges liability as joint tortfeasors and under respondeat superior, ostensible agency, or joint venture. It attaches expert affidavits under O.C.G.A. § 9-11-9.1.