Close

Queens Failure to Monitor Fetus Injury

Due to advance in technology, doctors are able to monitor the fetus before labor, during labor, and during delivery. This allows doctors to determine if the baby is in distress due to a lack of oxygenation. Failure to properly monitor the fetus could result in a serious birth injury. Examples of birth injuries that are caused by a lack of oxygenation include a brain injury such as cerebral palsy. Lack of oxygen can also cause the baby to experience developmental delays, seizures or another serious injury. Other problems that can be avoided by proper monitoring include respiratory problems, spinal cord injuries, and learning disabilities. If you or your baby suffered a serious injury as a result of a failure to properly monitor, it is important that you immediately contact an experienced Queens birth injury lawyer who will help you pursue compensation for your injuries and your child’s injuries through a medical malpractice lawsuit.

Common reasons for fetal distress

During labor and delivery the baby is closely monitored because there are a number of problems that commonly arise during the process, including:

  • An umbilical cord wrapped around the baby’s neck. While an umbilical cord wrapped around a baby’s neck is common and usually does not lead to a serious problem, there are instances in which such a condition can be quite dangerous. In such instances the cord can pose a significant risk for lowered blood flow, hypoxia, and delivery complications. They can also interrupt the baby receiving adequate nutrition and oxygen, resulting in the baby sustaining serious injuries.
  • Placental abruption. Placental abruption is a serious condition in which the placenta separates from the wall of the uterus before birth. It can separate partially or completely. If this happens, your baby may not get enough oxygen and nutrients in the womb. As a result the baby could suffer a permanent brain injury.
  • Birth hypoxia. Birth hypoxia is a general term that describes when oxygen does not get to the baby’s brain. If the brain is deprived of oxygen, the baby’s brain cells will suffer permanent damage. The result of birth hypoxia can be cerebral palsy.

If monitoring shows that the baby is in distress, the obstetrician can take steps to help the baby by determining what is causing the baby to suffer from a lack of oxygen. On the other hand, if the fetus is in distress and nothing is done, the baby could suffer a variety of serious, permanent problems including delayed development, seizures, cerebral palsy, blindness, or even death.

Pursuing compensation

Medical malpractice occurs when a medical professional such as an obstetrician, nurse, or other healthcare professional fails to take reasonable care and as a result the patient suffers an injury. Thus, if a doctor fails to detect fetal distress, and as a result you or your baby is injured, New York law allows you to hold that doctor and other medical professionals legally and financially liable through a medical malpractice personal injury claim.

Both you and your child may pursue compensation for past and future medical expenses, lost wages, loss of future earning capacity and pain and suffering. In addition, if your child has permanent disabilities, he or she may also be entitled to receive social security disability benefits. If your baby dies as a result of the medical mistake, you may pursue damages from those whose negligence lead to your child’s death through by filing a wrongful death claim.

Because there are typically several medical professionals involved in the care during the pregnancy, labor and delivery process there may be several people whose failures resulted in injury to you or your baby. Possible defendants in a medical malpractice lawsuit include the family doctor, obstetrician, labor and delivery nurse, neonatologist, midwife, doula, and the hospital or clinic where the failure occurred.

Contact the Law Offices of Stephen Bilkis & Associates

If you suspect that you or your baby was injured because your doctor, nurse, or other medical professional failed to properly monitor the fetus, do not hesitate to immediately contact an experienced New York birth injury attorney. The staff at the Law Offices of Stephen Bilkis & Associates is experienced in successfully representing clients who have suffered injuries due to mistakes made by medical professionals that resulted in brain injuries, spinal cord injuries, developmental delays, and other types of serious injuries. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.


CONTACT US FOR A FREE CONSULTATION