Bronx Failure to Detect Fetal Distress Injury

The birth of a baby is a time of joy for a family. However, if something goes wrong during labor and delivery resulting in a birth injury, that moment of joy could turn into a tragedy. During labor and delivery, the doctor, nurses and other medical staff actively monitor the baby to detect any type of distress. For example, a fetal distress monitor keeps track of the baby's heartbeat while a fetal scalp sampling will show whether the baby is getting enough oxygen. Monitors and tests give the medical staff information that it needs to take action where the baby is in distress. On the other hand, if the medical staff fails to properly monitor the baby, the baby could suffer a serious birth injury such as a brain injury, respiratory problems, cerebral palsy, blindness, a spinal cord injury, developmental delays, or another other serious, life-altering personal injury. If you or your baby suffered a serious injury as a result of a misdiagnosis or failure to properly treat preeclampsia, it is important that you immediately contact an experienced Bronx Failure to Detect Fetal Distress Injury Lawyer who will help you pursue compensation for your injuries and your child’s injuries through a medical malpractice lawsuit.

Types of Fetal Distress

There are many signs that would tend to indicate that the baby is in distress or is not developing properly. For example, decreased fetal movement would indicate that they might be a problem. If a doctor notices decreased movement, then the doctor should take appropriate steps to ensure the health of the baby. Other symptoms of fetal distress that can be observed through proper monitoring include:

  • Stained amniotic fluid: Stained amniotic fluid indicates that meconium has contaminated the amniotic fluid. If there is meconium in the amniotic fluid, there is a risk of meconium aspiration syndrome (MAS).
  • Decreased or fluctuating heart rate: If monitoring shows that the baby’s heart beat has decreased or is fluctuating, the baby is likely in distress.
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
  • Bad positioning of the baby prior to delivery
  • Placental eruption
  • Birth hypoxia
  • Shoulder dystocia

If monitoring shows that the baby is in distress, the obstetrician can take steps to help the baby. For example, the doctor may determine that an emergency C-Section is necessary for the health of the baby, the mother or both. On the other hand, if fetal distress is not detected, the baby could suffer a variety of serious problems including delayed development, cerebral palsy, or blindness.

For example, in Anyie B. v. Bronx Lebanon Hosp., 2015 NY Slip Op 2576 (N.Y. App. Div., 2015), plaintiff Anyie B. sued defendant Bronx Lebanon Hospital. Anyie alleged that the medical staff failed to properly monitor her baby’s heartbeat and perform a timely C-Section. As a result, Anyie’s baby girl suffered a loss of oxygen which resulted in her experiencing permanent brain damage, profound retardation, speech difficulties, cerebral palsy, and other serious medical issues.

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 are injured, New York law allows you to hold that doctor and other medical professionals legally and financially liable.

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.

Bronx Failure to Detect Fetal Distress Injury Lawyer

If you suspect that your doctor, nurse, or other healthcare professional failed to detect, treat or monitor your baby’s fetal distress, do not hesitate to immediately contact an experienced New York birth injury attorney. The staff at Stephen Bilkis and Associates, PLLC is experienced in successfully representing clients who have suffered injuries due to mistakes made by medical professionals, as well as those injured in car accidents, truck accidents, construction accidents, and other types of accidents. Contact us at 1.800.NY.NY.LAW (1.800.696.9529) to schedule a free, no obligation consultation regarding your case. We serve those injured in accidents in the following locations:

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