The Legal Briefs feature is based on actual malpractice cases with opinions of the plaintiff and defense physician experts interspersed throughout the case. The format of this feature does not provide evidence that supports or refutes each of these opinions.

A 2,722-g male infant is born at 37 6/7 weeks’ gestation via cesarean delivery to a 26-year-old gravida 4, para 3 woman who is group B Streptococcus negative and had an unremarkable prenatal course. She presented to the labor and delivery department when she developed spontaneous contractions. Hospital policy required that all potential deliveries before 39 weeks’ gestation be evaluated by a perinatologist. As part of the evaluation, the perinatologist performed fetal ultrasonography and found that the biophysical profile score was 8/8 with 2 points each for breathing, movement, tone, and amniotic fluid index. The fetal tracing was interpreted as nonreassuring and category II. At that time, the...

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