Bankert v. United States of America

Kathleen H Meredith

Practice Area:Medical Malpractice

Outcome:Verdict for Plaintiff of $593,000

Description:A 32 year old woman with a history of two previous cesarean sections agreed to a trial of labor with her third pregnancy. She carried the baby to term and was admitted in labor. After 12 hours of labor and minimal progress, she requested but was refused a cesarean section. Two hours later, her uters reuptured and her infant was born with low apgar scores and evidence of brain injury. Plaintiff claimed that the continued trial of labor in the face of her request for a cesarean section represented a violation in the standard of care and of the patient's right to informed consent. Plaintiff also alleged that once the uterine rupture occurred, there was a delay in timely delivery of the baby.