... the procedure was properly performed ... uterine perforation is a known risk of hysteroscopy that can happen without negligence...

摘要

In 2003 a New York woman was admitted to the hospital in labor at term. The FHR tracing was initially normal, but after several hours, some decelerations were noted. Eventually, a prolonged deceleration of the FHR necessitated an emergency cesarean delivery. The infant weighed 8 lb, 11 oz and was subsequently diagnosed with developmental abnormalities.The patient sued those involved with the delivery, claiming that the child's problems were due to a hypoxic event that occurred during labor and if the cesarean had been performed earlier, she would not be injured. She also contended that an ultrasound would have shown that the infant's weight necessitated a cesarean delivery, and further, that there was fetal distress on the FHR tracing that was not reported to the obstetrician in a timely manner.The defense argued that the infant's weight was not sufficient to warrant a cesarean delivery and there was no ongoing fetal distress until the prolonged deceleration.