EDITOR’S NOTE

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 1,190-g male infant who was one of triplets was born at 27 3/7 weeks’ gestation to a 35-year-old gravida 3, para 3 woman. The pregnancy was notable for conception by in vitro fertilization, hospitalization for premature rupture of membranes, and administration of a complete course of antenatal steroids. Because of a prolapsed cord, the triplets were delivered by emergent cesarean section with rupture of membranes 31 hours before birth. The infant had Apgar scores of 6 and 8 at 1 and 5 minutes, respectively. He needed positive pressure ventilation briefly, and was placed on continuous positive airway pressure (CPAP) for mild respiratory distress. Evaluation after birth included...

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