Brooklyn Failure to Detect Fetal Distress Injury

If prior to birth a baby is not receiving enough oxygen, the baby could suffer a serious birth injury such as hypoxia, Erb’s palsy, brachial palsy, a brain injury, respiratory problems, cerebral palsy, blindness, a spinal cord injury, developmental delays, or another other serious, life-altering personal injury. However, proper fetal monitor would alert the medical staff that the baby is in distress due to lack of proper oxygenation. Proper steps could then be taken, such as an immediate cesarean delivery, to minimize injury to the baby. However, failure to detect fetal distress could leave the baby with serious, life-long injuries. If you or your baby suffered a serious injury as a result of a failure to detect fetal distress, it is important that you immediately contact an experienced Brooklyn 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. 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.


In Spitz v. Dvorkes, 2006 NY Slip Op 50693 (NY, 2006), plaintiff Dalila Benkerroum’s son, Mustafa, was diagnosed with spastic diplegia, left-sided hemiparesis, and developmental delays. Dalila filed a medical malpractice lawsuit against the doctors involved claiming that they failed to prevent and properly treat Mustafa’s perinatal hypoxia and to timely detect. Benkerroum assets that fetal monitoring indicated that there were decelerations in the baby’s heart rate. Such decelerations are associated with umbilical cord compression and fetal distress. She further asserted that because the defendants failed to detect the fetal distress, they failed to note that the baby was being deprived of sufficient oxygen necessitating an immediate Caesarian section.

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.

Brooklyn 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 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:

1.800.NY.NY.LAW (1.800.696.9529)