Professional Negligence Law Reporter

Three days before her scheduled cesarean section, Doe presented to a hospital with painful contractions. She was placed on a fetal monitor and was allegedly assessed for 15 minutes by a second-year resident, who consulted with a third-year resident. The residents allegedly concluded that the fetal monitoring strips were reassuring and that Doe’s contractions had subsided. After an alleged consultation with an attending physician, Doe was discharged home with instructions to call if she experienced any worsening pain.

Several hours later, Doe called and spoke with the third-year resident, who allegedly told her to try a warm shower. Doe subsequently fainted and was taken to the hospital, where she underwent an emergency cesarean section. It was revealed that Doe's uterus had ruptured. Her daughter was later diagnosed as having suffered hypoxic-ischemic brain damage. Now 5, she will require lifelong care.

Doe sued the two residents and the attending physician, alleging they had failed to timely admit her when she first came to the hospital and perform an earlier cesarean section.

The defendants argued that Doe’s presentation did not warrant admission or delivery and that Doe’s risk of uterine rupture from her history of two prior cesarean sections was low.

The parties settled for $4.4 million.

Citation: Doe v. Roe Phys., Confidential Dkt. No. (Mass. Confidential Ct. Mar. 2022).

Plaintiff counsel: Krysia J. Syska, Boston.