Q: My daughter was hypoxic,requiring oxygen but the o2 tank was empty. Intubated and sent to NICU. Nurse noted empty tank
After intubation, my baby was placed on the same o2 tank for oxygen delivery and sats continued to drop. Affiliated CHOC hospital transferred her to NICU with portable oxygen tank that brought her oxygen saturation up to 100% while intubated. She was given ng tube feeds and spent several days in the ICU. After my baby was brought to the ICU, I was still in the labor and delivery room when a nurse came in and said why was this oxygen tank empty?! She is now Currently receiving services through the Counties Infant and toddler program for mild developmental delay, which has improved! I had struggled with postpartum depression for a while afterwards and was out of work for a period of time and continue to worry about her progress given the insult.
A:
In California, medical malpractice may have occurred if the oxygen tank provided to your baby was empty, resulting in hypoxia and subsequent health issues. Medical professionals have a duty to ensure that all equipment, including oxygen tanks, is properly maintained and functional. The situation you described, where the nurse noted the empty tank and the baby's oxygen levels improved only after being transferred with a functional tank, could indicate a failure to meet the standard of care.
You might have grounds for a medical malpractice claim if this negligence caused harm to your baby. To pursue this, it’s important to gather all medical records and documentation related to the incident, including notes from the nurses and doctors involved. This evidence can help establish whether the hospital or medical staff were negligent in their duties.
Additionally, the emotional and financial impact on you and your family, such as postpartum depression and lost work, can also be considered in a malpractice claim. It’s crucial to consult with a legal professional who can guide you through the process, help evaluate your case, and ensure that you take the appropriate steps to seek justice and compensation for the harm caused to your baby and your family.
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