Giving birth can be exciting, scary, and often involves a whole village. When you are giving birth, you have chosen a medical facility and group of medical professionals that you trust to help you get the job done. This includes fetal monitoring, which is the process of checking in on the fetus’s heart rate during labor and the birthing process. This is done by a few different methods, depending on the specialist. Fetal monitoring helps to track the health and position of the baby and can also help inform the birthing process. Failure to properly monitor or assess the results can result in a devastating birth injury to child and mother. If your family has fallen victim to a fetal monitoring medical malpractice accident, the team at Davis & Davis is here to help. With the sensitivity and knowledge required, we will ensure your family gets the compensation needed to move forward from your incident.
Why Is Fetal Monitoring Important?
Fetal monitoring is done to keep the baby and mother safe during the birthing process. The act of fetal heart monitoring can help to detect changes in the infant’s heart rate. By accurately assessing the results, your healthcare professional can either continue the labor and birthing process or work to prevent any difficulties from occurring. Monitoring can be done through auscultation or through electronic equipment. Auscultation is the process of periodically listening to the fetal heartbeat with a stethoscope or Doppler transducer. Electronic fetal monitoring uses equipment to provide a constant record of the fetal heart rate to read. When your doctor is constantly monitoring your child’s heart rate, they are severely decreasing the likelihood of any complications.
What Happens When Fetal Monitoring Is Done Incorrectly
When fetal heart rate monitoring is not used correctly or the results are not assessed properly due to your medical care provider’s negligence, your child can run the risk of birth injuries. This can include a child who is delivered too soon, too late, or by an unnecessary alternative method, like cesarean section. This lapse in medical judgment can cause extreme discomfort and long-lasting physical and emotional side effects to both the child and mother. Birth injuries can range from temporary to permanent, life-long disorders and can occasionally take a long period of time to reveal themselves. When your expected standard of care is broken by a negligent doctor, you are left with the expensive aftermath. Davis & Davis is here to help you hold the liable parties accountable and help your family get access to the damages necessary to give your child the best possible care.
Have You Been Affected by Medical Malpractice Due to Incorrect Fetal Monitoring? A Dedicated Attorney Can Help
Don’t try to fight this breach of care alone. Davis & Davis has served our community for many years now and has a combined experience of nearly 70 years. While we proudly reside in Texas, our clients are nationwide. Our team of attorneys possesses the compassion and knowledge needed to help you win your case and get you the most possible compensation for your child’s injuries. We know that sometimes, financial compensation is the only route to a viable future, which is why we fight so hard. Join the over 300 jury trials and previous clients we have helped by filling out our online contact form. Case evaluations are free, and we will work alongside you every step of the way.
Frequently Asked Questions About Fetal Monitoring and Medical Malpractice
What is the difference between auscultation and electronic fetal monitoring?
Auscultation involves a care provider periodically listening to the baby’s heartbeat using a handheld Doppler device or stethoscope at set intervals during labor. Electronic fetal monitoring uses sensors placed on the mother’s abdomen or directly on the baby’s scalp to provide a continuous written record of the fetal heart rate alongside uterine contractions. Electronic monitoring allows clinicians to track patterns over time and identify changes that may indicate the baby is not tolerating labor well. Both methods are used in clinical practice, and the standard of care may dictate which is appropriate depending on the patient’s risk profile.
What are the signs of fetal distress on a heart rate monitor?
Healthcare providers are trained to read fetal heart rate tracings and classify them into categories. Category I patterns are normal. Category II and Category III patterns indicate possible or definite fetal distress, including abnormal decelerations in heart rate, lack of variability, or a persistently low baseline heart rate. When these patterns appear, the care team is expected to evaluate the cause, consider interventions to improve fetal oxygenation, and escalate to an emergency delivery if the pattern does not resolve. Failure to recognize or act on these warning signs is a common basis for fetal monitoring malpractice claims.
What types of birth injuries can result from improper fetal monitoring?
When fetal distress goes undetected or is not acted upon promptly, the baby may be deprived of oxygen for a prolonged period. This oxygen deprivation can cause hypoxic-ischemic encephalopathy (HIE), a form of brain injury with potentially lifelong consequences. Related outcomes include cerebral palsy, seizure disorders, developmental delays, cognitive impairments, and in severe cases, neonatal death. The specific injury depends on the duration and severity of oxygen deprivation and on whether an emergency delivery was performed in time to limit further harm.
How do I know if my child’s birth injury was caused by a fetal monitoring error?
Determining whether a birth injury resulted from a fetal monitoring failure requires a detailed review of the delivery records, including all fetal heart rate strips, nursing notes, and physician documentation. An attorney working with board-certified obstetric and neonatal experts can analyze whether the care team recognized and responded appropriately to concerning patterns. If the records show that distress signals were present for a period of time before an emergency delivery was performed, and medical evidence supports that an earlier response would have prevented or reduced the injury, there may be a viable malpractice claim.
What is the statute of limitations for a fetal monitoring malpractice claim in Texas?
Under Texas Civil Practice and Remedies Code Section 74.251, the general statute of limitations for medical malpractice claims is two years from the date of the occurrence that gave rise to the claim. For claims involving a minor, Texas law provides that the two-year period may be tolled, but specific rules apply depending on the circumstances. Because these deadlines are strictly enforced and the process of gathering records and retaining experts takes time, families affected by a birth injury should consult with a medical malpractice attorney as soon as possible after the injury is identified.
