Negligent Fetal Monitoring During Labor

Electronic fetal heart rate monitoring is routinely used in hospital obstetrical departments to monitor the wellness of a baby during the labor process. The fetal heart rate patterns of the baby are typically classified as reassuring, nonreassuring, and ominous. Fetal tachycardia, bradycardia and late decelerations are examples of nonreassuring patterns or strips that require identification and an appropriate response by an obstetrician or obstetrical nurse. Ominous strips or patterns require an immediate delivery of the baby. Doctors, nurses, and other health care professionals involved in the childbirth process have a duty to meet a certain standard of care to ensure the safety of both the mother and the baby. Unfortunately, too many birth injuries and deaths are a result of inattentive fetal monitoring during labor. When medical professionals deviate from the expected standard of care, they should be held accountable for their actions. At Lebowitz & Mzhen Personal Injury Lawyers, our Baltimore medical malpractice lawyers have asserted the rights of many birth injury victims and their families. We proudly represent people throughout Maryland as well as in the Washington, D.C. region.

During the stresses of labor, many potential threats can be averted if medical professionals are vigilant in monitoring the mother’s uterine contractions, the fetus’ heart rate, and a number of other factors. Keeping a close eye on these factors allows health care providers to respond in a timely manner if there are signs of fetal distress, umbilical cord compression issues, or a number of other issues. Delayed reactions by medical professionals in such scenarios can lead to brain damage, organ damage including to the heart, lungs or kidneys, neurodevelopmental injuries, and other injuries to the fetus.

If inadequate fetal monitoring caused harm to your child, you likely can take legal action against the at-fault health care provider through a medical negligence claim. This is based on the failure of a medical professional to exercise the appropriate degree of care in a certain situation. In order to demonstrate medical negligence, the plaintiff must establish that the defendant health care provider had a duty to adhere to the standard of care typically used in that specialty for treating similarly situated patients; that the health care provider breached this duty by violating the accepted standard of care used in that specialty; that the patient was harmed as a direct result of the health care provider’s breach; and that quantifiable damages resulted.

As in other states, medical malpractice claims in Maryland must be filed within a certain time frame, known as the statute of limitations. Under Maryland law, there is one statute of limitations period for a parent’s claim, and a different statute of limitations period for an infant’s claim. It is important to consult a qualified attorney who can help you determine the appropriate period for filing a lawsuit in your case. Failing to file within the appropriate statute of limitations could mean losing your right to pursue legal action.

Medical negligence claims also have certain accompanying procedural requirements that must be followed. For example, the Health Care Malpractice Claims statute in Maryland requires that before filing a lawsuit, an individual must first file with the Director of the Maryland Health Care Alternative Dispute Resolution Office. From there, the case can proceed into the proper state court, or into Federal Court.

At Lebowitz & Mzhen Personal Injury Lawyers, our Baltimore medical malpractice attorneys have many years of experience representing victims of health care negligence. You can rest assured that we can zealously advocate for your rights at each step of the process. Our birth injury attorneys proudly represent people in Washington, D.C. and throughout Maryland, including in Glen Burnie, Annapolis, Rockville, Germantown, Bethesda, Upper Marlboro, Hyattsville, Laurel, Gaithersburg, Odenton, Bowie, Baltimore City and Baltimore County,, and other communities throughout Anne Arundel, Montgomery, Prince George's, Baltimore, Howard and Carroll Counties. To set up a free consultation, call us at (800) 654-1949 or at (410) 654-3600, or you can contact us online.