Georgia case library

Wellstar North Fulton complaint alleges fetal-hernia diagnosis and delivery-delay failures

The complaint alleges that providers at Nile Women’s Healthcare and Wellstar North Fulton Hospital failed to recognize evidence of congenital diaphragmatic hernia on prenatal imaging and failed to create a specialized delivery plan. The mother later presented to Wellstar North Fulton Hospital in labor, fetal heart tracings allegedly remained Category II for more than 15 hours, and the team failed to perform a timely emergency C-section. The child suffered oxygen deprivation, brain injury, and lung injury.

System
Wellstar Health System
Facility
Wellstar North Fulton Hospital
Providers involved
Nile Women’s Healthcare / Wellstar North Fulton Hospital, Inc. / Katherine Cooke, CNM / Lynn Fisher, RN-CNM / Jigish Sheth, D.O. / Rachel A. Yakrus, M.D. / Hughan R. Frederick, M.D.
Pattern
Alleged failure to recognize congenital diaphragmatic hernia on prenatal imaging and delayed C-section despite fetal distress
Harm
Alleged oxygen deprivation, permanent brain injury, and lung injury to a minor child

Overview

This page concerns a public complaint alleging that prenatal and delivery providers failed to diagnose congenital diaphragmatic hernia and failed to timely deliver a child after signs of fetal distress.

Chronology

The complaint alleges as follows:

  1. The patient began prenatal care at Nile Women’s Healthcare on January 12, 2023 at 23 weeks gestation.
  2. A May 8, 2023 biophysical profile and growth study at 39 weeks contained evidence of congenital diaphragmatic hernia.
  3. The patient presented to Wellstar North Fulton Hospital in early labor in May 2023.
  4. The patient was admitted for labor management the next day.
  5. Fetal heart strips showed prolonged Category II tracings for more than 15 hours.
  6. The child was delivered by vacuum-assisted delivery at 4:53 p.m. that day and required immediate resuscitation for respiratory distress.

Alleged failures

The complaint alleges the following failures:

  • Nile Women’s Healthcare providers failed to recognize congenital diaphragmatic hernia on the May 8 scans and failed to prepare a specialized delivery plan.
  • Hospital staff allowed labor to continue for more than 15 hours despite fetal heart tracings allegedly identifying fetal distress.
  • The complaint alleges that the standard of care required an emergent C-section to relieve oxygen deprivation.
  • Delivery nurses failed to advocate for the patient or use the chain of command to seek provider intervention.
  • Delayed diagnosis and delivery caused the child’s brain and lung injuries.

Entities and tags

Wellstar North Fulton HospitalWellstar North Fulton Hospital, Inc.Nile Women’s HealthcareCongenital diaphragmatic herniaCategory II tracingOxygen deprivationVacuum-assisted deliveryBrain injuryLung injuryDelayed or missed diagnosisBirth injuryDelayed treatmentFailure to monitorObstetricsNeonatologyNursingPrenatal careLabor and delivery