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Brooklyn Failure to Monitor Fetus Injury

While the birth of a baby is a natural event, it is also a very complicated process. During labor and delivery there are a variety of things that could go wrong. To avoid complications and to respond appropriately to any complications that do occur, it is critical that the obstetrician and other medical staff closely monitor the mother and baby during labor and delivery. Failure to properly monitor the fetus could result in a serious birth injury. For example, if a fetus suffers from a lack of oxygenation, the baby may suffer a brain injury, cerebral palsy, developmental delays, seizures or another serious personal injury. Other problems that can be avoided by proper monitoring include respiratory problems, a spinal cord injury, 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 Brooklyn Failure to Monitor Fetus Injury Lawyer who will help you pursue compensation for your injuries and your child’s injuries through a medical malpractice lawsuit.

Types of Fetal Monitoring

There are two methods of fetal monitoring: external and internal. External monitoring involves strapping a device that resembles a belt around a mother’s abdomen. The device records both the mother’s contractions and baby’s heart rate. On the other hand internal monitoring involves attaching an electrode to the baby’s scalp. This type of monitoring can only be done once the mother’s cervix is dilated to 2-3 centimeters and the baby’s head is engaged. Like an external monitor, an internal fetal monitor measures the baby’s heart rate and the mother’s contractions. However, an internal monitor is more accurate. With both internal and external monitoring, the information regarding the contractions and heart rate is transferred onto strips for doctors and nurses to read.

If fetal monitoring shows that the baby’s heart rate has decelerated or fluctuates in an inappropriate manner, then it is up to the medical staff to intervene to ensure the health of the baby and the mother. In some cases intervention means an emergency C-Section.

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. On the other hand, if the fetus is in distress and nothing is done, the baby could suffer a variety of serious problems including delayed development, cerebral palsy, or blindness.


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.

Brooklyn Failure to Monitor Fetus Injury Lawyer

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 Stephen Bilkis and 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.