Daniel E. Holloway
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Emory Decatur Hospital complaint alleges delayed cesarean delivery before newborn neurological injury

The complaint alleges that a mother arrived at Emory Decatur Hospital in December 2022 at 34 weeks with vaginal bleeding and ruptured membranes. A nurse midwife and physician monitored her but did not deliver the baby until nearly four hours later, at 2:09 a.m., by cesarean section. The fetal heart tracing was noted as Category 2 at 1:00 a.m., nearly an hour before the cesarean began. The newborn had Apgar scores of 5 and 7 and needed respiratory support in the NICU. Discharge notes raised concern for hypoxic ischemic encephalopathy, and she continues to have neurological and developmental impairments.

System
Emory Healthcare
Facility
Emory Decatur Hospital
Providers involved
Dekalb Medical Center, Inc. d/b/a Emory Decatur Hospital / Emory Healthcare, Inc. / The Emory Clinic, Inc. / Emory University / Pamela Boatner, C.N.M. / Lauren Abern, M.D. / Stuart Pancer, M.D.
Pattern
Alleged delay in cesarean delivery despite a Category 2 fetal heart tracing and vaginal bleeding at 34 weeks
Harm
Alleged hypoxic-ischemic encephalopathy with lasting neurological and developmental injuries

Overview

This page concerns a complaint alleging that Emory Decatur Hospital delayed a cesarean delivery despite a Category 2 fetal heart tracing before neurological injuries.

Chronology

The complaint alleges as follows:

  1. A mother whose history included chronic hypertension and a prior cesarean section presented to Emory Perinatal Center for a first-trimester ultrasound in July 2022.
  2. She presented to the Emory Decatur Hospital obstetrical emergency department in December 2022 at 34 weeks with vaginal bleeding, ruptured membranes, and contractions.
  3. A nurse midwife admitted her for delivery, and at 1:00 a.m. the fetal heart tracing was noted as Category 2.
  4. A second physician came to the bedside at 1:11 a.m. and obtained consent for a cesarean section.
  5. General anesthesia began at 1:40 a.m., and the baby was delivered by cesarean section at 2:09 a.m.
  6. The newborn had Apgar scores of 5 and 7 and needed respiratory support in the NICU. She later showed flexion and tremors in her arms and legs.
  7. She was transferred to Northside Hospital, where discharge notes raised concern for hypoxic ischemic encephalopathy, and providers later found lasting neurological and developmental impairments.

Alleged failures

The complaint alleges the following failures:

  • The nurse midwife and physicians did not remain adequately involved in her care despite the vaginal bleeding, ruptured membranes, and Category 2 fetal heart tracing.
  • They did not recognize signs of a potential placental abruption. The midwife did not advocate for, and the physicians did not order, a prompt cesarean delivery.
  • The nursing staff did not ensure continuous fetal heart rate monitoring through the time of delivery.
  • The complaint pleads professional negligence, ordinary negligence, gross negligence, and vicarious liability. It attaches an expert affidavit under O.C.G.A. ยง 9-11-9.1.

Entities and tags

Emory Decatur HospitalEmory Healthcare, Inc.The Emory Clinic, Inc.Emory UniversityCategory 2 fetal heart tracingHypoxic ischemic encephalopathyCesarean sectionDeKalb County, GeorgiaBirth injuryDelayed treatmentFailure to monitorBrain or spine injuryObstetricsNurse-midwiferyMaternal-fetal medicineNeonatology