When an unborn baby suffers fetal distress inside the mother's womb, this phenomenon typically indicates that the baby is not getting adequate oxygen supply. The fetal monitoring strip, used by a New York hospital's medical staff to monitor a baby's heart, guides the obstetrician and supporting staff when to deliver the baby.

If the obstetrician notices fetal distress, he or she must make some quick delivery decisions to minimize any health risk to the baby or the mother. However, due to various reasons, obstetricians at times fail to monitor fetal distress leading to brain damage or death of the baby.

If the mother and her fetus have not been monitored properly, sudden complications can arise, which can easily be interpreted as "medical negligence." Under these circumstances, any damage done to the mother or the baby will be deemed as direct result of the doctor's failure to detect fetal distress, and hence attract a serious medical malpractice lawsuit in New York State.

Common reasons behind fetal distress

Here are some commonly observed reasons behind fetal distress:

  • The umbilical cord comes out before the baby in delivery
  • The umbilical cord gets tied around the neck of the fetus
  • Bad positioning of the fetus prior to delivery
  • Multiple fetuses or birth of more than one baby
  • The baby's shoulder gets stuck to the mother's hip during delivery
  • Uterine rupture during delivery

Devastating consequences of overlooked fetal distress

When a baby's fetal distress goes unnoticed or unmonitored before or during delivery, the consequences are far reaching. Some adverse effects of a doctor's failure to detect fetal distress are mental retardation, blindness. Cerebral palsy, autism, or delayed development.

Legal recourse for claiming damages due to birth injury

Once your baby suffers one of the above consequences of unmonitored fetal distress, it is highly likely that the baby will need special care and treatment for a lifetime. That signals huge expenses and the availability of special medical facilities. A well pleaded medical malpractice case in New York can help you recover much of the financial expenses needed to properly bring up your child.

Recovery of evidences of medical negligence and malpractice

The fetal monitoring strip can serve as the most powerful source of direct evidence of medical negligence and malpractice. An attorney with substantial experience in birth injury cases will analyze the data provided by the fetal monitoring strip with help from qualified medical experts. This data can clearly prove that the delivered information was not interpreted correctly and thus, clear signs of fetal distress went unnoticed or ignored. To build a strong case against the obstetrician, the attorney will show:

  • The doctor has a duty of care towards his patient
  • By failing to detect fetal distress, the doctor breached his duty of care
  • The doctor's failure to detect fetal distress is "medical negligence"
  • This medical negligence led to birth injuries

Once a strong case has been built, you can consult with the attorney on whether to go for a settlement or a court trial.

In a birth injury related medical malpractice case, you will need the best advice from an expert legal team in New York, so immediately contact the Rosenberg, Minc, Falkoff & Wolff of RMFW Law at 212-344-1000. They will not quit until they get the justice you and your baby deserve.


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