The estate of a newborn male alleged failure to urgently deliver a term infant after a non-stress test was performed on the mother due to a lack of fetal movement. Although the non-stress test was not reassuring, it was not ominous. The pregnant mother was asked to return to the clinic within hours, when the technician would be available, for a biophysical profile. The biophysical profile found no fetal breathing or gross fetal movement, among other concerning findings. The results were discussed with the patient, and she was advised that an immediate delivery by cesarean section was possible. The patient was instructed to report to the Labor and Delivery unit at the hospital. The patient went home to arrange care for an older child, and when she presented at the hospital, a fetal demise had occurred. The estate claimed future economic loss and general damages.
Result: Defense verdict. King County Superior Court, Judge Rogoff