Did Your Child Suffer Fetal Distress Due to Negligence? Call Us Today

Birth should be a joyous experience, but the safety of both mother and child relies heavily on the expertise of the doctor. Doctors should be prepared to diagnose and respond to medical complications, especially fetal distress, which is a sign that the fetus is at risk of suffering a serious injury. Providing the fetus and mother with oxygen and fluids may resolve the issue, but in most cases, treatment requires a timely delivery to avoid a catastrophic birth injury.

At Wingate, Russotti, Shapiro, Moses & Halperin, LLP, our legal team has stood up for numerous children who were injured due to medical negligence. We understand the emotional, physical, and financial impact of birth injuries, and we always advocate for the highest possible award for our clients. Our attorneys are available to sit down with you in a free initial consultation to learn what happened to you and your child, explain your options under the law, and fight to get you full compensation for your child’s injuries.

If your baby has suffered a birth injury as a result of a doctor’s failure to diagnose and treat fetal distress, please contact a NY fetal distress attorney at Wingate, Russotti, Shapiro, Moses & Halperin, LLP, by calling us at (212) 986-7353.

Back to Top

What Are Common Causes of Fetal Distress?

Fetal distress is a medical condition that occurs when a baby does not handle the stress of childbirth well. It is often a sign that a baby is not receiving enough oxygen and is struggling to breathe. Fetal distress occurs in 42 out of every 1,000 births, but it can be diagnosed by paying close attention to the fetus’s heartrate, movements, and placement. Doctors should regularly check a fetus’s heartrate leading up to a delivery to ensure it does not have an abnormal heartrate. There are also certain warning signs that a fetus will go into distress, including when the mother has abnormal weight gain, high blood pressure, intense cramping, and excessive vaginal bleeding.

Some of the many causes of fetal distress are:

  • Lack of oxygen to the fetus
  • Reduction of blood supply during pregnancy or delivery
  • Lengthy labor
  • Compressed umbilical cord
  • Breach position
  • Feces mixed with the fetal amniotic fluid
  • Failure by your health care provider to evaluate the pregnancy as high-risk
  • Misuse of delivery apparatuses, such as forceps

Back to Top

Danger of Birth Injuries

Fetal distress is a medical emergency. It is a clear sign that a fetus requires immediate medical attention, including an immediate delivery through a C-section, and failing to diagnose and treat it can lead to several birth injuries.

Brain damage is one of the biggest risks associated with fetal distress. Being deprived of oxygen for even a short period of time can cause extensive damage to a newborn’s brain, lead to hypoxic-ischemic encephalopathy (HIE), and result in other serious injuries such as:

  • Cerebral palsy
  • Learning disabilities
  • Mood swings
  • Mental health issues
  • Seizures
  • Vision and hearing loss
  • Mobility issues
  • Paralysis

In serious cases, it can result in an infant’s death, as well as injuries to the mother.

However, doctors are trained to diagnose and treat fetal distress. Doctors can administer oxygen, fluids, and medication to the mother to improve the baby’s condition. A timely C-section can also quickly remove the newborn from the womb and prevent further trauma. Failing to follow proper procedures puts both the mother and child in danger and can constitute medical negligence in a birth injury claim.

Back to Top

Can I File a Claim If My Baby Has Suffered Fetal Distress?

If your baby suffered a birth injury as a result of medical negligence, then you may be eligible for compensation in a birth injury claim. Fetal distress can be diagnosed by paying close attention to the condition of the fetus and mother leading up to a delivery. Failing to notice the immediate signs of distress, especially in a high-risk pregnancy, or not providing the standard of care that is required during treatment can make a doctor liable for any injuries the newborn and mother experience.

In order to recover compensation for your child’s injuries, you will need to show that your doctor did not provide the proper standard of care while responding to fetal distress, resulting in your newborn’s injuries. This may require speaking to medical experts who can review your treatment and determine if your doctor did not follow appropriate protocols during the delivery. You should also consider every expense that you and your child faced as a result of the medical negligence, including medical treatment, future care, the impact on a career, disabilities, and physical and emotional suffering.

Back to Top

New York Attorneys Obtaining Compensation for Malpractice Victims

Your best option after a birth injury is to sit down with an experienced attorney at Wingate, Russotti, Shapiro, Moses & Halperin, LLP. We have handled hundreds of birth injury cases and advocated for children injured by negligent medical professionals. We understand the high stakes involved in these cases and the importance of recovering full compensation for our clients’ injuries. If you or your baby has suffered due to a traumatic pregnancy, please call a top-rated NY birth injury lawyer at Wingate, Russotti, Shapiro, Moses & Halperin, LLP, at (212) 986-7353.

Back to Top

Additional Information

Our Birth Injury Case Results

$10 Million - Suit Alleging Failure to Timely Perform C-Section

WRSMH attorney Philip Russotti obtained a $10 Million mediation settlement for failure to timely perform a Cesarean Section. The case was venued in Orange County, NY.

Philip Russotti

$6 Million - New York Birth Injury

WRSMH attorney, Phil Russotti, obtained a $6 million settlement for our client whose child suffered severe brain damage during birth.

Philip Russotti

$4.75 Million - New York Fetal Distress

We claimed that the baby should have been delivered by emergency C-Section or forceps delivery. He was ultimately diagnosed with cerebral palsy and spastic quadriparesis.


$3.9 Million - New York Birth Injury Case

Attorney Philip Russotti argued that as a result of this negligence, the child suffered hypoxia which resulted in mild retardation, severe ADHD and social isolation as well as difficulties with fine motor skills.

Philip Russotti

$1.3 Million - Infant-Plaintiff Suffered Brachial Plexus Injury at Birth

WRSMH obtained a $1,300,000 jury verdict, after a three week medical malpractice trial in Staten Island, on behalf of a 6-year-old girl who suffered a brachial plexus injury known as Erb's palsy.


$1.08 Million - Injuries Sustained by Baby Girl at Birth

We claimed that the hospital was negligent for not intervening and performing a cesarean section in light of the mother's failure to adequately progress in labor.

Clifford Shapiro

Click here to see more NY Birth Injury Verdicts & Settlements