Medical Malpractice and Fetal Distress

When a fetus in utero cannot receive oxygen or blood, the baby is said to be in fetal distress. If a physician does not promptly and correctly remedy the situation, the fetus could suffer permanent brain damage or death. Parents in this situation may have a medical malpractice claim.

There are several factors that can initiate fetal distress including:

• Inadequate uteroplacental support
• Improper exchange between mother and fetus of oxygen or carbon dioxide
• Problems with the placenta caused by high blood pressure or diabetes
• Infection of the uterus
• Separation of placenta from uterine wall
• Uterine rupture

Common Causes of Fetal Distress Leading to Medical Malpractice

A physician does not have to induce the fetal distress in order to be negligent. A physician can also be found negligent if he does not properly and promptly remedy a naturally occurring situation that leads to fetal distress. Situations in which a physician may be found liable for medical malpractice for fetal distress include failure to:

• Appropriately monitor the fetus
• Correctly interpret the results of fetal monitoring tests
• Identify signs of fetal distress
• Follow-up with the patient

Often measures used to alleviate fetal distress are insufficient and more drastic measures need to be taken. As such, an immediate early delivery or a Caesarean section may be necessary to avoid the more urgent crisis that may cause irreversible brain damage or death. If a physician fails to recognize those signs and effectuate the early delivery, medical malpractice may also be present.