Name: Legare, Eleanor (Ellie)
License type and number: DEM LD 269194
Areas served: Portland metro.
Complaint received: 9/28/04. Incompetent services resulting in fetal demise; breech birth. Proposed order assessing $4000 civil penalty and license revocation. Case settled and consent agreement and stipulated final order signed, stating licensee to complete 40 clock hours of class instruction in charting, fetal monitoring, crisis management during labor and delivery, and practice protocols. Required to submit correspondence regarding next 15 births, indicating date and outcome of delivery and name and license number of Oregon LDM or CNM assisting. Complied with consent agreement. Case closed 6/26/07.
In late January 2004, client engaged the services of “A Woman’s Way Midwifery Services”. From September 9, 2004 licensees performed midwifery services for client. On September 8, 2004, at or about 1:20 p.m. McLachlan spoke with client over the telephone. Client reported nausea, muscle cramping, and shaking along with no fever. McLachlan indicated that it appeared labor was starting. On September 8, 2004, at or about 3:45 p.m., McLachlan arrived at client’s home for initial labor assessment and client’s temperature was reported at 103 degrees F oral. McLachlan auscultated FHT in the 150 bpm range. McLachlan also recommended extra strength Tylenol for client. At or about 4:45 p.m. [same day], McLachlan spoke to the client’s mother (the complainant) regarding client’s fever. In response to inquiry from client’s mother, McLachlan admitted that she and Legare had no back up physician. At or about 5:00 pm. client’s husband reported to Legare over the telephone that clients temperature was 102 degrees F oral. At or about 6:30 p.m. client’s husband reported to Legare that client’s temperature was reported at 98.7 degrees F oral. Legare auscultated FHTs in 140 bpm range. Approximately 3 hours later or at or about 11:00 p.m. [same day], McLachlan arrived at client’s home and was unable to auscultate FHTs. At or about 11:10 p.m. McLachlan spoke with Legare over the telephone regarding FHTs. At or about 11:30 p.m. Legare arrived at client’s home and determined breech position. Legare was unable to determine whether the faint pulse she auscultated was FHTs or maternal pulse. On September 9, 2004, at or about 12:15 Legare and McLachlan contacted hospital staff to notify of client transport to the hospital. At or about 12:30 a.m. [same day], McLachlan transported client to hospital in McLachlan’s vehicle with Legare following in another vehicle. On September 9 at or about 12:45 a.m. the client arrived at hospital. Upon arrival at hospital breech position was confirmed with hospital staff unable to auscultate FTs. Ultrasound revealed IUFD. Clients temperature was 101.1 degrees F or 38.4 C. Client WBC count was consistent with intra-amniotic infection.
In the Media:
Red Flags: Despite her involvement in the death of a baby during a breech birth which resulted in a penalty from the BDEM, Legare continues to attend high risk births including breech and VBAC. http://rightathomemidwifery.com/breech.html
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