Inadequate monitoring of baby's heart rate

The medical team’s failure to monitor and recognise a concerning fetal heart rate can lead to health risks for the mother and the baby. Common birth injuries include:

• Hypoxia/Anoxia – partial or complete deprivation of oxygen
• Brain damage
• Cerebral Palsy
• Paralysis
• Nerve damage
• Stillbirth

Depending on the severity of the insult causing damage and the length of time your child was exposed to the insult birth complications can lead to severe medical consequences ranging from a temporary and treatable injury, to a life-long medical condition or disability, or even wrongful death. These situations are traumatic for you and your family and can take a tremendous financial toll.

Just because you or your child suffered an adverse outcome does not necessarily mean that your healthcare provider was negligent. Common forms of negligence that relate to fetal heart-rate monitoring include:

• Failure to identify abnormalities
• Failure to monitor continuously when necessary
• Improper installation of the monitoring device
• Misreading heart rates of the mother or child
• Failure to take appropriate action when the mother or baby was in distress

If your child suffered a birth injury and you suspect that the injury was caused by a failure to adequately monitor your child’s heart rate, it is wise to seek legal advice from an experienced specialist birth injury solicitor. Your solicitor will investigate the level of care that was provided to you during your pregnancy and to your child during birth and will provide you with advice on the viability of a claim for compensation for your child.

If your child succeeds in proving that there was a failure to adequately monitor his or her fetal heart rate during your labour and delivery and that this caused an injury, your child will be entitled to compensation. Compensation may include pain and suffering, past and future treatment expenses, and personal care and assistance. Your child may also be entitled to claim loss of earning capacity if your child is incapable of working in the future.

Ordinarily, you must commence formal legal proceedings within three years of the time at which the alleged negligence occurred. This is subject to the time that you discovered, or ought to have discovered, that you have sustained an injury, the injury is the fault of a heathcare provider, and the injury is worth suing over.

A solicitor will usually take your statement and request a copy of your obstetric medical records and your child’s neonatal medical records. A solicitor will then review the medical records in order to determine if fetal monitoring was performed as necessary and if so, if there were fetal heart rate abnormalities that warranted intervention that was not provided to you. A solicitor will be able to identify the nature of expert medical evidence required for your child’s claim to succeed. A solicitor will also provide you with advice as to the timeframe of commencing formal legal proceedings and of your child’s entitlements to compensation.