A.A. v. Anonymous Medical Center

Dr. Fagel achieved a settlement of $6 million on behalf of a child who currently suffers from moderate cerebral palsy as a result of the obstetrician's failure to provide a timely cesarean section. Additionally, the hospital failed to notify the labor and delivery unit regarding the OB's need to be accompanied by a proctor in all surgeries.

The minor plaintiff's mother entered the hospital on June 5, 2005 for the delivery of the plaintiff at full term. Six weeks before delivery, her obstetrician's license was suspended by an administrative law judge after an investigation by the California Medical Board. Although the order specified that that OB have a proctor for all of his surgeries, the obstetrician only notified the surgery department and did not inform the labor and delivery unit. Neither the plaintiff's mother nor any of the resident nurses were informed regarding the OB's restriction of privileges.

The OB diagnosed a compound presentation with the fetal hand along the side of the head and left the hospital and the patient in the care of the nursing staff. After the nurses discovered fetal heart irregularities, the OB returned to the hospital and ordered a cesarean section. The OB arrived with another OB, who he later claimed to be his proctor. However, the other obstetrician claimed that at the time he was only identified as an assistant surgeon. The plaintiff was delivered severely depressed and an ER physician was called to intubate the infant when a hospital resuscitation team was unable to do so. The minor plaintiff was then transferred to the NICU.

The defense alleged that the standard of care did not require that the OB perform an earlier cesarean section. Additionally, the defense contended that the order only required a proctor for surgeries, and did not specifically mention the labor and delivery unit. 

Dr. Fagel was able to refute the various claims made by the defendants and demonstrated that the hospital created an unreasonable risk of harm by failing to inform the labor and delivery unit regarding the requirement that the OB have a proctor for all surgeries, including cesarean sections. The plaintiff also demonstrated that the initial discovery of a compound presentation required a cesarean section to be performed immediately because of the risk of a prolapsed of the umbilical cord, which likely occurred in this case.