HAWAII FETAL DISTRESS LAWYERS

WHEN MEDICAL PRACTITIONERS FAIL TO RECOGNIZE OR RESPOND TO SIGNS OF FETAL DISTRESS

Fetal distress may be described as indications before or during childbirth that the fetus is unwell. Most often, fetal distress is an indication that the baby is not getting sufficient oxygen. Fetal distress is typically identified through an abnormal heart rate pattern exhibited by the fetus and displayed through electronic fetal monitoring or regular ultrasound checks. Your doctor and attending nurses have an obligation to properly monitor your baby during labor and delivery.

They should watch for signs of fetal distress and should immediately address these. Failures to do so can result in serious birth injuries. If your child suffered a birth injury because of a failure to identify or a delay in responding to fetal distress, our Hawaii fetal injury lawyers are here to help. For over 40 years, Davis Levin Livingston has fought for children and families across Hawaii in complex birth injury claims. We have recovered hundreds of millions of dollars for our clients.

Contact our Hawaii fetal distress attorney online or by phone at (808) 740-0633 for a free review of your case.

Understanding Obstetrical Malpractice & Fetal Distress

There are three primary ways that obstetrical malpractice may be linked to fetal distress and birth injuries:

• Failure to identify fetal distress. This may occur if a doctor or nurse does not notice that fetal distress is occurring, by failing to monitor fetal heart-rate or misreading electronic fetal monitoring reports.
• Delays in responding to fetal distress. This may occur if nursing staff are not regularly checking on a mother who is in labor, if they initially dismiss signs of fetal distress, or if they delay in informing the attending doctor. A doctor who learns of fetal distress and yet delays in recommending or performing a C-section or instrument-assisted delivery may also be to blame.
• Improper response to fetal distress. When fetal distress is noted, medical staff should take the appropriate steps to respond. Oxygen, IV fluids, and changing the mother’s position may help, but delivery may need to be facilitated with a vacuum extractor or forceps, or a C-section may be required. The wrong response to fetal distress can cause serious birth injuries.

What Damages Could Be Recovered in Fetal Distress Claims?

Damages may include:

Economic Damages

These damages compensate for tangible financial losses related to the injury, like:

• Medical Expenses: Costs associated with past and future medical care, including hospital stays, surgeries, rehabilitation, and specialized treatments.
• Long-Term Care: If the child suffers from permanent disabilities, the family may require ongoing assistance, such as in-home care or special education services.
• Lost Income: Parents may lose income due to time away from work to care for the child or attend medical appointments.

Non-Economic Damages

Non-economic damages address the emotional and psychological toll of the injury, including:

• Pain and Suffering: Compensation for the physical pain and emotional distress experienced by the child and family.
• Loss of Enjoyment of Life: If the injury significantly affects the child’s ability to enjoy a normal childhood or future activities.
• Emotional Distress: Families often endure significant emotional hardship following a preventable injury during childbirth.

Punitive Damages

In instances involving egregious misconduct or reckless behavior, the court could grant punitive damages to penalize the responsible party and prevent similar actions in the future. These damages are not guaranteed and typically apply only in extreme circumstances.

How Our Fetal Distress Attorneys Can Help You

Here’s how we can assist:

• Comprehensive Case Evaluation: We begin by thoroughly reviewing the details of your case, which includes medical records, timelines, and any relevant documentation. This evaluation helps identify potential negligence and determine the strength of your claim.
• Expert Collaboration: Fetal distress cases often require input from medical experts who can analyze records, provide testimony, and explain how standard care was breached. We work closely with these experts to build a robust case that clearly illustrates the connection between the healthcare provider’s actions and your child’s injury.
• Evidence Collection and Investigation: Proving negligence requires extensive evidence. We will gather critical documentation, including fetal monitoring records, medical notes, and witness statements. We also investigate whether systemic issues, like understaffing or inadequate training, contributed to the incident.
• Negotiation with Insurance Companies: Insurance companies often attempt to minimize or deny claims. We handle all communications and negotiations to ensure that your rights are protected and that you obtain a fair settlement. We are prepared to counter lowball offers with strong evidence and legal arguments.
• Litigation When Necessary: If a fair settlement cannot be reached, we are ready to take your case to court. We will advocate tirelessly on your behalf to secure the compensation you deserve.
• Guidance and Support Throughout the Process: We understand the emotional and financial strain caused by a fetal distress injury. We provide compassionate, personalized support every step of the way, ensuring you feel informed and empowered as your case progresses.
• Maximizing Compensation: Our goal is to pursue maximum compensation for your family, covering medical expenses, long-term care costs, lost income, and the emotional toll of the injury. We fight to ensure that you and your child have the resources needed to move forward.

Contact Our Fetal distress Attorney in Hawaii Today

Fetal distress errors can lead to brain damage, cerebral palsy, hypoxic-ischemic encephalopathy (HIE), asphyxia, and even a loss of life. Do not let the negligence of a doctor or nurse go unnoticed. Involve a Hawaii fetal distress injury attorney who can hold the at-fault party accountable so you can secure the financial compensation you need for your child’s care.

Contact Davis Levin Livingston today at (808) 740-0633 to learn more how our Hawaii fetal distress lawyers can help you. Initial consultations are always free and there are no fees until we secure compensation for you.