Fetal distress is a term that refers to a pregnancy complication in which an unborn baby is in a compromised situation. A frequent type of fetal distress happens when the unborn baby’s supply of oxygen has been restricted in a way that may endanger the baby’s health. This is called hypoxia, a condition that can produce brain damage and possibly death if the situation is not diagnosed in a timely manner and either reversed or the baby is born (generally with an emergency C-section). One possible sign of fetal distress is the existence of meconium (dark green fecal matter that normally is not present before the baby is born) in the amniotic fluid. A second possible sign is a significant fall in the fetal heart rate (to below healthy levels). A fetal heart rate monitor can be used to track the baby's heart rate.

Below we examine a published case in which this happened

A pregnant woman went to the hospital for the scheduled delivery of her baby. The physician had not yet arrived at the hospital and so the woman was examined by a nurse. The nurse documented meconium in the amniotic fluid and abnormal readings from the fetal heart rate monitor. The heart rate tracings were not reassuring. The nurse advised the physician. Having received the information the doctor still opted to wait longer before going to the hospital. He did not ask that another doctor take over and instead instructed the nurse remove the fetal heart rate monitor, the one critical technology that could provide information regarding the condition of the baby.

Seven hours passed before the doctor eventually got there. When the physician examined the expectant mother the doctor rather than reacting to the situation instead turned her care over to another physician to cover. Upon learning of the nurse’s findings that physician performed an emergency C-section. The damage had already been done. The child now had brain damage. The child had gone through a lack of oxygen for too long and had sustained brain damage by the time the covering physician performed the C-section. The baby was left with permanent impairment including the retardation of mental and physical abilities, the need for a feeding tube, and a seizure disorder. The law firm that handled this claim reported that they took the case to trial and obtained a $7.2 Million verdict, interest included.

As this case shows sometimes doctors and nurses do not respond with the immediacy corresponding to the risk that some labor complications present. What occurred in the situation discussed above is inexplicable. First, even though the doctor was advised about a number of abnormal indications by the nurse the doctor not only decided to hold off on going to the hospital but in fact directed the nurse to disconnect the monitor. It is almost as if the physician did not want to be told of complications.

The nurse might have informed another doctor of the problem. But, the nurse deferred to the doctor’s rank and authority. After ultimately getting at the hospital and seeing the expectant mother the physician turned over her care to a different doctor. Unfortunately, regardless that by all indications the other physician acted correctly, it was too late to prevent irreversible damage to the infant.

An unborn baby is at risk of significant and lifelong injuries when doctors and nurses fail to take immediate action in the face of signs of fetal distress. The case additionally reveals that if this happens these physicians and nurses may be held accountable for not taking suitable actions and hence not meeting the applicable standard of care. As soon as they fall short and their actions or lack of actions lead to harm to a baby they might be liable under a medical malpractice claim. Due to the seriousness of the harm to the infant the recovery from such lawsuits can be considerable.