Lack of Consent for Vacuum Delivery, Brachial Plexus Injury Prompts $2M Award

December 11, 2017 | Strategic Insights for Ambulatory Care


​A Illinois jury awarded $2 million in a malpractice lawsuit alleging failure to obtain consent for a vacuum delivery procedure and negligence resulting in a brachial plexus injury to an infant by delivering the baby with "excess traction," according to a report from the November 2017 Medical Malpractice Verdicts, Settlements & Experts (subscription required). The 30-year-old mother was given an epidural when she presented for induction of labor. The defendant family practitioner, who was managing the mother's labor and delivery, called the defendant obstetrician for assistance. After an hour and a half of second stage labor, the family physician asked the obstetrician to use vacuum extraction to deliver the infant. The obstetrician delivered the baby's head and returned management of the delivery to the family practitioner.

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