Unrecognized Fetal Distress
Unrecognized fetal distress is a serious medical issue that can lead to birth injuries, long-term disabilities, or even stillbirth. When doctors, nurses, or other healthcare providers fail to recognize or respond to fetal distress, they may be liable for medical malpractice. A Westchester County medical malpractice lawyer or a White Plains medical malpractice attorney can help you pursue justice and secure the compensation your family deserves.
What is Fetal Distress?
Fetal distress occurs when a baby experiences oxygen deprivation or other complications in the womb, often due to umbilical cord issues, placental problems, or maternal health conditions. Medical professionals must monitor fetal heart rate and other vital signs to detect distress and intervene appropriately.
New York Medical Malpractice Laws on Fetal Distress Cases
New York law allows parents to file medical malpractice claims if a healthcare provider’s negligence caused birth injuries due to unrecognized fetal distress. Medical malpractice claims are primarily governed by Section 214-a of the New York Civil Practice Law & Rules (CVP). This statute establishes the time frame within which a patient can initiate a medical malpractice lawsuit. Specifically, an action must be commenced within two years and six months from the date of the alleged malpractice or from the end of continuous treatment related to the same condition. There are notable exceptions to this general rule, including that the date can be extended in certain cases to when the patient knew or reasonably should have known of the alleged negligence and that it caused injury. However, such actions must be initiated no later than seven years from the date of the alleged malpractice. It is also important to note that New York does not impose a cap on the monetary amount of damages that may be awarded in a medical malpractice case.
The Consequences of Unrecognized Fetal Distress
Failure to recognize or respond to fetal distress can lead to severe complications, including:
- Birth asphyxia: Oxygen deprivation can cause brain damage or organ failure.
- Cerebral palsy: A lack of oxygen during birth is a leading cause of this lifelong condition.
- Hypoxic-ischemic encephalopathy (HIE): This brain injury results from inadequate oxygen and blood flow.
- Developmental delays: Children may experience cognitive and motor impairments.
- Stillbirth: In severe cases, untreated fetal distress can result in death.
How a Lawyer Can Help You
A birth injury lawyer can help you seek justice and compensation for your child’s injuries. They will:
Investigate Your Case
Lawyers gather medical records, fetal monitoring data, and expert testimony to determine if negligence occurred.
File a Lawsuit
A lawyer ensures that you meet all legal deadlines and requirements under New York law.
Negotiate with Insurance Companies
Hospitals and doctors often try to settle cases for minimal compensation. A lawyer fights for a fair settlement that covers medical bills, therapy costs, and future care needs.
Take Your Case to Trial If Necessary
If the healthcare provider refuses to offer a fair settlement, an experienced attorney will present your case in court. If your child suffered injuries due to unrecognized fetal distress, you deserve justice. An experienced New York Birth Injury Lawyer can help you hold negligent medical providers accountable and secure the financial resources your child needs for lifelong care. Call (914) 993-0393 or contact Fiedler Deutsch, LLP online to arrange a free consultation today.