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Mother presented to the defendant hospital at 42 weeks. The fetal heart monitor showed episodes of fetal late decelerations and bradycardia and continued to deteriorate. The plaintiff’s physician was not told of the episodes of late decelerations and bradycardia and the house physician failed to intervene in a timely fashion. The heart of the fetus was stopped for a period of ten minutes prior to delivery where there was no blood flow or no oxygen going to the brain.
The child was diagnosed at birth with having cerebral palsy caused by birth asphyxia. He suffered from hypoxic ischemic encephalopathy indicating that the brain suffered a lack of oxygen and was permanently cognitively impaired. He further suffered from spastic quadriplegia. The child can never take care of himself and his parents are obliged to take care of him for the rest of their lives. He also will need medical care and attention the rest of his life. The suit was brought upon the child’s later teens.