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

Fetal distress occurs when a baby does not handle the stress of childbirth well or is not receiving enough oxygen. This can result in brain damage to the baby, or in some cases death. The mother is also in danger during the event of fetal distress. Fetal distress is a frightening and emotional situation for any parent to endure. If you or your baby has suffered due to a pregnancy or birth-related injury, please contact a NY personal injury attorney at Wingate, Russotti, Shapiro, Moses & Halperin, LLP by calling (212) 986-7353.

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Common Causes of Fetal Distress

Fetal distress occurs in 42 out of every 1,000 births. Some of the many causes of fetal distress are:

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

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New York Attorneys Obtaining Compensation for Malpractice Victims

During many high-risk deliveries internal or external fetal monitoring may be performed to evaluate the heart rate of the fetus. In the event of fetal distress the baby is typically delivered as quickly as possible, many times by cesarean section. If you feel that your health care provider was negligent during your prenatal care or delivery he or she may be responsible for the injury to you or your child.

If you or your baby has suffered due to a traumatic pregnancy, please contact a top-rated NY birth injury lawyer at Wingate, Russotti, Shapiro, Moses & Halperin, LLP.

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Additional Information

Our Birth Injury Case Results

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

WRSMH Partner 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 Partner, 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

Partner 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