Skip to Content
Available 24/7. Call Us Today! 904-295-1050

Plaintiff Medical Malpractice Award for Birthing Process Case


Different people search for a medical malpractice attorney Jacksonville FL. A woman who was 38 weeks pregnant complained of decreased movement of her unborn child. She was referred to a certified nurse midwife (CNM) for a nonstress test to assess the health of the unborn child. After the defendant performed the nonstress test, the midwife found it to be normal, in that there were sufficient increases in the fetal heart rate (FHR) over a period of time. Three days later, the woman delivered a stillborn infant with a “tightly wound” nuchal cord (the umbilical cord wrapped around the infant’s neck).

Subsequently, the woman sued the midwife. At trial, the woman’s expert opined that the nonstress test revealed that the FHR was not normal, and that the woman should have been referred for additional monitoring. The woman’s expert claimed that if the mother been admitted to a hospital and undergone FHR monitoring, such testing would have detected signs of fetal distress, such as decreased fetal heartbeat and lack of variability, which could signal that a baby was deprived of oxygen, both of which were present when the CNM performed the nonstress test. Further, had a physician been present, he or she could have performed an immediate caesarean section, and saved the baby. Medical malpractice attorney Jacksonville FL research and communicate with experts regarding your case.

The Bronx County Supreme Court entered a judgment on a jury verdict awarding the woman $200,000 for past emotional distress and $200,000 for future emotional distress.
The Appellate Division of the New York Supreme Court, First Department, affirmed the lower court’s ruling. Medical malpractice attorney Jacksonville FL feel the court held that no basis existed to disturb the verdict as resolution of the case turned on an evaluation of conflicting expert testimony.

“No basis existed to disturb the verdict as resolution of the case turned on an evaluation of conflicting expert testimony. The jury was entitled to resolve in the woman’s favour the conflict between the parties’ experts’ testimony with respect to what constituted a reactive nonstress test of the fetus. Thus, although the CNM’s expert reached a different conclusion concerning causation, the jury was free to accord more weight to the testimony of the woman’s expert.”

See: Douayi v. Carissimi, 2016 WL 1313157 (N.Y.A.D. 1 Dept., April 5, 2016) (not designated for publication).


The test involves attaching one belt to the mother’s abdomen to measure fetal heart rate and another belt to measure contractions. Movement, heart rate and “reactivity” of heart rate to movement is measured for 20-30 minutes. If the baby does not move, it does not necessarily indicate there is a problem; the baby could just be asleep. A NST may be performed if: (a) You sense the baby is not moving as frequently as usual; (b) You are overdue; (c) There is any reason to suspect the placenta is not functioning adequately; (d) You are high risk for any other reason. The test can indicate if the baby is not receiving enough oxygen because of placental or umbilical cord problems; it can also indicate other types of fetal distress. Source:

What Is Fetal Heart Monitoring?

Your doctor will use fetal heart monitoring to check on the status of the baby during labor and delivery. It can also be done before labor and delivery, as part of routine screening at the very end of pregnancy, or if you notice a decrease in your baby’s kick count. An abnormal heart rate may be a sign that your baby is having health problems.

If you or a loved one suffered from any form of medical malpractice, allow a medical malpractice attorney Jacksonville FL to provide a free consultation. Contact an esteemed personal Jacksonville medical malpractice attorney at Edwards & Ragatz for a free consultation: (904) 295-1050 or through our website

Share To:

Tell Us Your Story

Edwards & Ragatz is Here to Relentlessly Pursue Your Justice
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy