Maryland Lawsuits AgainstErika Nichelson, D.O.

Baltimore, us 21202

This website does not represent the outcome of these lawsuits against Erika Nichelson, M.D., nor does it judge the veracity of the accusations therein.  In Maryland, however, all medical malpractice lawsuits require a certificate from an actively practicing doctor vouching for the merit of the lawsuit.

Erika Nichelson, D.O. is a board-certified obstetrician-gynecologist who is currently practicing at Mercy Medical Center.  As a member of the American College of Obstetricians and Gynecologists and the American Osteopathic Association, she focuses on providing a full range of gynecologic care with a holistic treatment approach and an emphasis on healthy lifestyle choices. Dr. Nichelson also has extensive experience in minimally invasive surgical techniques such as laparoscopic and hysteroscopy procedures.  Although this page is focused solely on Dr. Nichelson, you can find information about medical malpractice lawsuits filed against Mercy Medical Center here.

Based on the publicly available records and data, Dr. Nichelson has been named as a co-defendant in three Maryland medical malpractice cases. While the Maryland circuit court complaints are available in a PDF below, here is an excerpt of the allegations:

The first available complaint against Dr. Nichelson lists the following allegations:

  • Failing to properly perform a medical procedure. According to the complaint, the plaintiff arrived at the defendant hospital in labor and was placed under the care of the defendant doctor. After reaching full cervical dilation the plaintiff began pushing. During delivery, her baby’s shoulder allegedly became trapped against the plaintiff’s pelvis, an event known as dystocia. The baby was born roughly two minutes later, at which time it became apparent that they were suffering from a severe arm paralysis called Erb’s Palsy. As contended by the complaint, the defendant doctor caused the injury by using excessive force as they guided the baby through the birth canal.
  • Failing to prevent patient injury. Per the complaint, additional testing of the baby revealed acute damage of the brachial plexus nerve system in her left arm and shoulder. She was eventually diagnosed with brachial plexus palsy, a condition that can permanently limit arm movement. During an operation to treat her injury it was discovered that she also suffered from neuroma, a type of benign but painful nerve tumor. The plaintiff avers in the complaint that the nerve trauma and neuroma endured by her child were the direct result of negligence on the part of the defendant doctor during the birth process. She further contends that if the defendant doctor adhered to proper standards of care by refraining from the use of excessive force during delivery, the child’s injuries likely would have been avoided.

The second available complaint against Dr. Nichelson lists the following allegations:

  • Failing to properly diagnose a patient. According to the complaint, the minor plaintiff’s mother was admitted to the defendant hospital at 30 weeks and 1 day gestation with complaints of contractions and vaginal bleeding. Fetal monitoring allegedly indicated a reassuring heart rate, and per the complaint the minor plaintiff’s vital signs remained stable over several hours of observation. Two separate vaginal exams purportedly revealed the plaintiff’s mother was minimally dilated at 1 centimeter and 0.5 centimeters respectively. Despite these apparently reassuring signs that the plaintiff was healthy and able to remain in utero for further growth and development, the defendant doctor erroneously determined the plaintiff’s mother was at risk of a placental abruption and pre-term labor, as contended in the complaint.
  • Failing to appropriately treat a patient. Per the complaint, the defendant doctor recommended an emergency cesarean section due to her concerns of placental abruption and pre-term labor. The cesarean surgery was allegedly performed by the defendant doctor before she had received the results of a fetal blood test to determine if an abruption had occurred. The result of the test was ultimately negative for an abruption. She also purportedly delivered the plaintiff before he received a full dose of betamethasone, a steroid used to advance fetal lung maturity. Neither the defendant doctor’s operative report nor pathological testing of the placenta indicated any evidence of an abruption, according to the complaint.
  • Failing to prevent patient injury. The complaint contends that upon delivery, the plaintiff was limp, blue in color, and had to be intubated for breathing assistance. He subsequently suffered from respiratory failure, hemorrhaging, and brain damage. As cited in the complaint, he was ultimately diagnosed with cerebral palsy and will require lifelong care to manage his condition. The minor plaintiff alleges that if the defendant doctor had adhered to appropriate standards of care, an unnecessary emergency cesarean section would not have been administered and he would likely have reached full term gestational age and been born healthy.

The third available complaint against Dr. Nichelson lists the following allegations: 

  • Failing to properly diagnose a patient. According to the complaint, the plaintiff presented to the defendant facility at 30 weeks and 1 day gestation with reports of vaginal bleeding and pre-term contractions. She was allegedly administered betamethasone, a medication that accelerates lung maturity in pre-term infants, due to concerns that a placental abruption had occurred and pre-term labor was imminent. Fetal heart tracing was also initiated and reportedly never deviated from Category 1, a level strongly indicative of a healthy and active fetus. Nevertheless, the defendant doctor erroneously concluded that the plaintiff was in active pre-term labor due to placental disruption, despite an absence of maternal or fetal indications to support such a diagnosis, as contended by the complaint.
  • Failing to appropriately manage patient treatment. Per the complaint, following the defendant doctor’s erroneous diagnoses of placental disruption and pre-term labor, she elected to proceed with a cesarean section despite the fact that the fetus was not at full term and had not yet completed a full course of betamethasone. The complaint maintains that this decision did not adhere to proper standards of medical care and that there was no sufficient diagnostic indication to support an early delivery.
  • Failing to prevent patient injury. The complaint contends that upon delivery, the plaintiff’s child suffered from respiratory distress and required intubation.  He was ultimately diagnosed with cerebral palsy, a lifelong impairment that the complaint claims is a direct result of the defendant doctor’s negligence. The complaint further maintains that if the defendant doctor had adhered to appropriate standards of care, an erroneous pre-term labor diagnosis and unnecessary cesarean section would not have occurred and the plaintiff’s child would ultimately have been born full term and likely healthy.

Last updated August 13, 2021

Erika Nichelson, D.O. Lawsuit Statistics

Complaints


Complaint #1 - Nichelson-birth-injury-complaint-1.pdf

Complaint #2 - Nichelson-birth-injury-complaint-2.pdf

Complaint #3 - Nichelson-birth-injury-complaint-3.pdf