During labor and delivery, a baby cannot use words to tell us if something is wrong. Instead, they communicate through their heart rate. The electronic fetal heart monitor is their lifeline, a constant stream of information that tells the medical team how the baby is tolerating the intense stress of birth. When that monitor shows a non-reassuring pattern, it is the baby’s cry for help. It is a critical warning sign of “fetal distress,” and a competent medical team must listen and act immediately.
If your child suffered a birth injury after the medical team was aware of signs of fetal distress, you are likely haunted by questions. Why didn’t they do something sooner? Could this have been prevented? These are not just questions born of grief; they are the very questions that form the foundation of a medical malpractice lawsuit. It is a devastating situation, and we want you to know that your feelings of anger and confusion are justified, and you have the right to seek answers.
This guide is for parents whose child was injured after showing signs of fetal distress. We will explain what this term means, how a failure to respond can lead to permanent injury, and what your legal rights are in Georgia.
What is Fetal Distress?
“Fetal distress” is a general term used to describe a situation where a baby is not receiving enough oxygen during labor. It is not a diagnosis in itself, but rather a description of a baby’s condition. The primary and most reliable indicator of fetal distress is a non-reassuring heart rate pattern on the fetal monitor.
Obstetricians and labor and delivery nurses are extensively trained to interpret these patterns. They look for specific warning signs, including:
- Tachycardia: An abnormally fast heart rate.
- Bradycardia: An abnormally slow heart rate.
- Variable Decelerations: Abrupt drops in the heart rate, often caused by umbilical cord compression.
- Late Decelerations: A gradual drop in the heart rate that begins after the peak of a contraction. This is a particularly ominous sign that often indicates the baby is not getting enough oxygen from the placenta.
- Decreased Variability: A lack of the normal, small fluctuations in the heart rate, which can indicate a problem with the baby’s central nervous system.
When these signs appear, it is a clear signal that the baby is in trouble. It is a medical emergency that requires immediate attention.
The Standard of Care: A Duty to Respond
When a baby shows signs of fetal distress, the medical team has a legal and ethical duty to act. The standard of care requires them to take a series of steps to try to resolve the problem and restore oxygen flow to the baby. These are known as intrauterine resuscitation measures and can include:
- Changing the mother’s position to relieve pressure on the umbilical cord.
- Administering oxygen to the mother.
- Increasing the mother’s IV fluids to improve blood flow.
- Temporarily stopping labor-inducing drugs like Pitocin, which can cause contractions that are too strong or too frequent.
If these measures do not quickly resolve the non-reassuring heart rate pattern, the standard of care demands the next step: expedited delivery. In most cases, this means performing an emergency Cesarean section (C-section).
Medical negligence occurs when the medical team either fails to recognize the signs of fetal distress on the monitor or, more commonly, recognizes the signs but fails to act with the necessary urgency. This delay—waiting too long to see if the heart rate improves, or taking too long to get the mother to the operating room for a C-section—can be the direct cause of a permanent, catastrophic brain injury.
Frequently Asked Questions (Q&A)
Q: How do you prove that the medical team waited too long?
A: The fetal heart monitor strips are the most critical piece of evidence. These strips are a second-by-second record of the baby’s heart rate throughout labor. An experienced birth injury attorney and a team of medical experts can analyze these strips to create a precise timeline. They can pinpoint the exact moment the signs of distress appeared and show how long the team waited before taking effective action. This timeline is often the key to proving negligence.
Q: The hospital staff told us the monitor wasn’t working correctly. Is that a valid excuse?
A: No. It is the hospital’s responsibility to ensure that its medical equipment is functioning properly. Furthermore, if a monitor is not working, the standard of care requires the nursing staff to use other methods, such as a handheld Doppler or a stethoscope, to monitor the baby’s heart rate. A malfunctioning machine is not an excuse for a failure to monitor a baby’s well-being.
Q: What kind of injuries can be caused by a failure to respond to fetal distress?
A: The primary injury is brain damage caused by a lack of oxygen, known as Hypoxic-Ischemic Encephalopathy (HIE). This can lead to a lifetime of disabilities, including cerebral palsy, seizure disorders, and cognitive impairments. A birth injury lawsuit seeks to provide the financial resources necessary to care for a child with these complex needs for their entire life.
Your Child’s Future, Your Fight for Justice
Learning that your child’s birth injury could have been prevented is a heavy burden to bear. It is a painful truth, but it is also the key to unlocking the justice and the resources your family deserves. A lawsuit is not about placing blame; it is about securing your child’s future and holding the medical system accountable to its most fundamental duty: to protect its most vulnerable patients.
Our compassionate and tenacious birth injury lawyers have the experience and the resources to take on these complex and challenging cases. We handle all birth injury claims on a contingency fee basis, meaning you pay absolutely nothing unless we win. We invite you to contact us for a free, confidential consultation to share your story and learn how we can help. Please visit our homepage to learn more about our firm’s deep commitment to fighting for families affected by medical negligence in Georgia.