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Failure to Monitor Fetal Distress

Lawyers Representing Families in Birth Injury Cases in Rochester, Syracuse, and Upstate New York

During labor and delivery, the careful monitoring of fetal health is critical to ensure a safe outcome for both the baby and the mother. Medical professionals are trained to recognize and respond to signs of fetal distress, which may indicate that a baby is not receiving enough oxygen or is otherwise in danger. Tragically, however, doctors do not always observe or address such signs, and the failure to monitor fetal distress frequently causes serious birth injuries that affect the child’s quality of life and impose immense challenges on the family. If your child suffered a birth injury due to inadequate monitoring of fetal distress, you may be owed damages, and you should speak to an attorney to understand your options. The skilled Syracuse birth injury attorneys at DeFrancisco & Falgiatano Birth Injury Lawyers are committed to advocating for families who have been harmed by medical negligence, and if you engage our services, we will fight tirelessly on your behalf. We serve clients in Rochester, Syracuse, and throughout Upstate New York.

The Consequences of the Failure to Monitor Fetal Distress

Fetal distress occurs when a baby shows signs of oxygen deprivation, irregular heart rate, or other complications during labor or delivery. Medical professionals are responsible for continuously monitoring the baby’s condition through tools such as fetal heart rate monitors, ultrasound, or other diagnostic methods. The failure to monitor fetal distress can occur when doctors, nurses, or midwives fail to properly interpret readings, do not act quickly in response to warning signs, or neglect to use monitoring equipment altogether. This negligence can lead to severe outcomes such as brain damage, cerebral palsy, hypoxic-ischemic encephalopathy, developmental delays, or even stillbirth.

Recovering Damages for Failure to Monitor Fetal Distress

The harm caused by inadequate monitoring is not only physical but also emotional and financial. Families may face lifelong medical expenses, therapy costs, and the need for specialized education and care. As such, families impacted by birth injuries caused by the failure to monitor fetal distress will often pursue compensation from the providers responsible for their losses through a medical malpractice lawsuit.

To succeed in such claims, plaintiffs must demonstrate that the healthcare provider’s actions—or lack thereof—constituted medical negligence. In New York, to establish medical negligence, a plaintiff must first show that the defendant owed the mother and child a duty of care, which includes adhering to the accepted and good practices of medicine. In the context of fetal monitoring, this means using appropriate tools, interpreting data accurately, and responding promptly to signs of distress. Next, the plaintiff has to demonstrate that the defendant breached this duty by failing to meet the standard of care, such as by misinterpreting fetal heart rate tracings or delaying necessary interventions like a C-section. Additionally, the plaintiff must establish a direct causal link between the provider’s breach and the injury sustained by the baby. Finally, the plaintiff must demonstrate that the injury resulted in damages, which may include medical expenses, rehabilitation costs, loss of future earning potential, pain and suffering, and other related losses.

Expert testimony is often critical in these cases to explain how the standard of care was violated and to quantify the extent of the damages suffered by the child and family. Successful claims can provide families with the financial resources they need to support their child’s care and well-being while also holding negligent healthcare providers accountable for their actions.

Contact an Experienced Birth Injury Attorney in Syracuse, Rochester, or Upstate New York

The failure to monitor fetal distress can have ripple effects that touch every aspect of a family’s life, making it essential to hold negligent healthcare providers accountable. If your child suffered a birth injury due to the failure to monitor fetal distress, you have the right to seek compensation, and you should talk to an attorney. The experienced attorneys at DeFrancisco & Falgiatano Birth Injury Lawyers understand the devastating impact of birth injuries, and if we represent you, we will diligently pursue the best legal outcome possible for your family. We represent parties in birth injury cases in Syracuse, Rochester, and throughout Upstate New York. You can reach us online or by calling 833-200-2000 to arrange a confidential and free consultation.


Client Reviews
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Mr. Falgiatano was very professional and did an incredible job when he worked with my family on our case. He met with us numerous times and was available when we called with questions. He explained the whole legal process to us and made sure we made the correct decision for my family! I could not thank Mr. Falgiatano enough and he is the only lawyer for my family! Jeff M.
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Jeff Defrancisco and his team represented me after a bad fall while working on a construction site. They were always available to answer any and all questions and they genuinely cared regarding my health and were very sincere in helping me attain a settlement that far exceeded my expectations. My family and I received an amazing outcome and they are by far the best in the business. I highly recommend hiring their firm. Justin M.
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I cannot thank DeFrancisco and Falgiatano enough! Charlie Falgiatano took my case and i couldn't have done it without him. I highly recommend this team of lawyers especially, Charlie. I will forever be grateful for him and because of him, all the time and effort he put into my case, my son can have a much easier life. Charlies understand, patient, kind, and one of the best people I know. Thank you, from the bottom of my heart. Katie C.
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