A cautious approach or medical negligence? $30 million for botched delivery
Industry Buzz
“Longer pushing has been associated with an increase in morbidity for the baby and the mother.” — Stephanie Hack, MD, MPH, board-certified OB/GYN
“It is important to thoroughly assess the health of both mom and baby throughout the course of labor and follow published guidance regarding when to abandon attempts at vaginal delivery and convert to a cesarean section.” — Chris Norman, medical malpractice attorney
In 2014, Elizabeth Tigani arrived at Greenwich Hospital in Connecticut to give birth to her first child, but all didn’t go as planned.
Tigani ended up leaving with permanent injuries, including the inability to have more children. Years after the ordeal, Tigani was awarded $30.3 million in damages by Stamford, CT’s, Superior Court.[]
Here's what happened
The medical malpractice lawsuit claims that the medical staff failed to deliver her child by cesarean section in a timely fashion. Tigani allegedly underwent a C-section only after a prolonged second stage of labor. As a result, Tigani suffered severe, permanent injuries to her bladder and uterus, which left her unable to have additional children, according to news reports.
According to Kreisman Law Group, “Tigani also claimed that the obstetrician chose not to engage in a shared decision-making process.”[] The jury found that Tigani’s doctor, a gynecologist at Westchester Medical Group (which is now Summit Health), “utilized improper surgical techniques” during Tigani’s birthing experience.[]
Technically, Tigani was under the care of Westchester Medical Group; Greenwich Hospital was not a part of this verdict. They withdrew from the case in 2023.
Christopher Norman, a medical malpractice attorney with a focus on birth injuries and other reproductive issues at Wais, Vogelstein, Forman, Koch, and Norman, tells MDLinx, “Delaying a cesarean section can be risky, which is why it is important to thoroughly assess the health of both mom and baby throughout labor and follow published guidance regarding when to abandon attempts at vaginal delivery and convert to a cesarean section.” Norman adds he’s not familiar with the details of this case.
Medical discretion... or negligence?
The choice to perform a C-section requires the consideration of a few key variables, says Stephanie Hack, MD, MPH, a board-certified obstetrician and gynecologist. “We hope for a vaginal birth for every patient who desires one, [but] sometimes it’s necessary to perform a cesarean section instead. Birth outcomes are determined by the three Ps: passenger (baby), power (strength of contractions), and pelvis (shape of pelvis). We consider each of these when deciding about when it’s safer to perform a C-section than to continue waiting for a vaginal birth.”
Dr. Hack says things like fetal distress, and if dilation has stopped despite medical assistance, may signal a need for a C-section.
“In general, we proceed with a C-section if there is no descent of the fetal head while pushing for 2 hours in multiparous and 3 hours in nulliparous patients without epidural anesthesia,” she adds. “Longer pushing has been associated with an increase in morbidity for the baby and the mother.”
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