Failure To Diagnose Anorectal Malformation In Neonate: $3.5M Settlement

The infant was born and during the first 48 hours of life, the nursing staff noted that she was not properly stooling. A senior nurse attempted rectal stimulation with a probe and noted “it was met with resistance. Pediatrician aware.” The hospital staff pediatrician decided any further examination was not necessary. Additionally, never informed the parents of the nurses finding or the outpatient pediatrician in the discharge papers. At 5 months old, the infant had stool emanating from her vagina, requiring a colostomy and surgical correction of her anorectal malformation. Due to the delay, she had ongoing difficulties stooling secondary to the development of megacolon. Defense claimed that megacolon was not caused by the delay but rather is a common finding in infants with anorectal malformations. The case settled against the hospital prior to trial.