Fetal Heart Monitoring Can Be Key Evidence in Birth Injury Litigation

In some childbirth situations, emergencies lead to unavoidable injuries. In others, injuries result from negligence or mistakes by a woman’s birth team. Birth injury lawsuits can help families seek justice and compensation for injuries occurring during labor and delivery. Fetal heart monitoring data is often a pivotal piece of evidence in these cases.

Understanding Fetal Heart Monitoring

Fetal heart monitoring is a real-time recording that provides insight into a baby’s health during labor and delivery. Its primary goal is detecting any signs of fetal distress, such as an abnormal heart rate, which can indicate that the baby is not receiving enough oxygen. Monitoring options include wrapping an external Doppler ultrasound device around the mother’s abdomen or placing an electrode directly on the baby’s scalp.

An average fetal heart rate is between 110 and 160 beats per minute. Deviations from this range can signal hypoxia (lack of oxygen) or other forms of distress. Carefully monitoring the fetal heart rate can help identify potential complications as they are just beginning to develop, giving the mother’s care team the best chance of responding quickly and minimizing harm to mother and child.

When healthcare providers notice these abnormalities, they can take immediate action, such as administering oxygen to the mother, increasing intravenous fluids, or deciding to perform an emergency C-section to ensure the baby’s safety. Swift, appropriate intervention can help avoid dangerous situations and potential harm to both mother and child.

Fetal Heart Monitoring as Evidence in Litigation

Fetal heart monitoring records are an objective and detailed log of the baby’s condition during labor and delivery. These records can reveal crucial information about the standard of care provided by healthcare professionals. If the monitoring data shows signs of fetal distress that the team failed to respond to, it can indicate negligence or medical malpractice.

For example, depriving a child of oxygen for long periods can cause hypoxic-ischemic encephalopathy (HIE) and long-term neurological damage. Consider a situation where fetal heart monitoring data shows that a baby with HIE had long periods of abnormal heart rates. If the medical records and testimony show the medical team did not recognize these and respond appropriately, the plaintiffs can argue that timely intervention would have prevented or minimized the injury.

The Importance of Expert Testimony

In birth injury cases, plaintiffs call expert witnesses to interpret fetal heart monitoring data and explain its significance. They walk the jury through the data step-by-step, explaining how the medical team should have responded to specific deviations from standard heart rate patterns. They offer their professional opinion of whether the providers met or breached the applicable standard of care based on the monitoring records.

Experts are also a vital part of explaining to the jury how a birth team’s negligence or mistake will permanently affect the child’s health, development, and prospects. They can help the jury understand the effect on the child’s family, including the cost and difficulty of caring for a child with severe disabilities or limitations.

Challenges To Using Fetal Heart Monitoring Data

Interpreting fetal heart rate patterns can sometimes be subjective, and some medical professionals question its value in litigation. Sometimes, the monitoring equipment was not used correctly, or the data was not accurately recorded. While this can support additional allegations of negligence, it can impact the evidentiary strength of the data.

In cases involving discrepancies or ambiguities in the monitoring data or its interpretation, thorough investigation, corroborative evidence, and compelling testimony become essential. An experienced birth injury attorney will work to present a comprehensive picture of the events leading to the birth injury and its devastating effects.

Using Fetal Monitoring Evidence Effectively

Clear and well-documented fetal heart monitoring records can provide an objective basis for whether a woman’s medical team failed to meet the standard of care. Together with clear, effective expert testimony, this evidence can help support a successful malpractice case. These records can be powerful tools in convincing a jury of negligence and medical malpractice.

Injuries to your child during the birth process can indicate medical negligence, and it’s important to understand when a medical malpractice lawsuit may be appropriate. Talking to an experienced medical malpractice attorney can help you understand whether you may have grounds to file a lawsuit or take other action to recover compensation and justice for your child.