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Terranova and Gibbons Obtain Dismissal of Case at Informal Conference before a Virginia Agency Subordinate

July 23, 2019

Jodi Terranova (Partner-Washington, DC) and Lauren Gibbons (Associate-Washington, DC) represented a Certified Nurse Midwife (CNM) at an Informal Conference before an Agency Subordinate of the Virginia Joint Boards of Medicine and Nursing. The Joint Boards alleged that the CNM violated various laws and regulations during her care of a mother and newborn during the labor and delivery process. Specifically, the Joint Boards alleged that the CNM (1) failed to explain to the patient her inability to differentiate fetal and maternal heart rates, (2) initiated Pitocin without clear knowledge of fetal status and (3) failed to notify the on-call physician of a sudden reduction in fetal heart rate to expedite birth. The infant was born with a double nuchal cord and was later diagnosed with hypoxic-ischemic encephalopathy. Following a formal response to the Joint Boards and an informal hearing, the Agency Subordinate recommended and the Joint Boards accepted the finding that there was no clear and convincing evidence to support a finding that the CNM had violated laws or regulations with regard to this patient or her child. The matter was dismissed without any action against the CNM’s license.

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