Fetal Distress Lawyer in New York

What Is Fetal Distress?

Fetal distress describes a situation in which a baby shows signs of inadequate oxygen supply before or during childbirth. It is often detected through electronic fetal monitoring showing abnormal heart rate patterns, but can also be indicated by other symptoms such as:

• Unusually slow or fast fetal heart rate
• Reduced or absent fetal movement
• Meconium in the amniotic fluid
• Vaginal bleeding during pregnancy or labor
• High lactate levels or abnormal umbilical cord blood gases

Medical studies estimate that fetal distress occurs in approximately 5% to 10% of all deliveries. Oxygen deprivation can happen quickly, and if medical staff fail to act, the consequences can be permanent.

Risk Factors of Fetal Distress Providers Should Recognize

Certain pregnancies and delivery circumstances carry higher risks of fetal distress, including:

• Maternal anemia, infection, or preeclampsia
• Gestational diabetes
• Prolonged or post-term labor
• Umbilical cord prolapse or nuchal cord
• Abnormal fetal position (breech, transverse)
• Multiple gestation
• Excessive use or misuse of Pitocin to induce labor
• A history of shoulder dystocia or prior delivery complications

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Was Your Baby’s Distress Missed During Delivery? We Can Help.

Even a few minutes of delayed action during labor can cause lifelong harm. If you suspect medical negligence played a role in your child’s injury, our fetal distress lawyers in New York City can investigate and fight for the compensation your family needs.

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When Fetal Distress Becomes Negligence

Not all cases of fetal distress are preventable, but many injuries are. Negligence may occur when a medical professional or hospital:

• Fails to use or correctly interpret fetal monitoring
• Ignores high-risk pregnancy indicators
• Waits too long to order an emergency C-section
• Misuses forceps or vacuum extraction tools
• Mishandles complications such as placental abruption or uterine rupture

In our investigations, we often find that just minutes of delay can make the difference between a healthy newborn and a child facing lifelong disability.

What to Do If You Suspect Medical Negligence

If your child suffered harm related to fetal distress, early action can protect both their health and your legal rights:

1. Obtain a thorough medical evaluation. Ensure your child is assessed by pediatric specialists for any signs of brain injury, developmental delays, or other complications.
2. Request all prenatal, labor, and delivery records. These will show fetal monitoring results, timing of interventions, and decision-making by the medical team.
3. Document your child’s symptoms and care. Keep a detailed record of medical visits, therapies, and changes in your child’s condition.
4. Speak with an experienced birth injury attorney. Hospitals and insurers have teams protecting their interests; you deserve someone protecting yours.

The Jacob D. Fuchsberg's legal team will secure and review all relevant records, consult independent OB/GYN and neonatal experts, and give you an honest assessment of your case.

Damages You May Recover in a Fetal Distress Case

A successful birth injury claim can provide compensation for both immediate and long-term needs, including:

• Past and future medical expenses
• Rehabilitation and therapy (physical, occupational, speech)
• Assistive devices and home modifications
• Special education and academic support
• In-home nursing or attendant care
• Loss of future earning capacity
• Pain and suffering
• Emotional distress and loss of enjoyment of life

Our fetal distress attorneys frequently work with life care planners and economists to ensure every cost — now and in the future — is accounted for.

Statute of Limitations in New York for Fetal Distress

Most medical malpractice claims in New York must be filed within 2 years and 6 months of the specific malpractice or the end of continuous treatment. With minors, the usual statute of limitations (SOL) for injuries to minors doesn’t start until the minor turns 18. But with medical malpractice cases involving children, there’s an exception to this general rule. In medical malpractice cases involving a child, a lawsuit must be filed within 10 years from the date of malpractice, even if the child is still a minor. For example, suppose a doctor made a medical error during the birth of a child. A lawsuit must be filed on behalf of that child no later than their 10th birthday.

Claims against municipal hospitals require a Notice of Claim within 90 days, so prompt legal advice is critical.

Why Families Choose Jacob D. Fuchsberg Law Firm

• Decades of experience: For more than 40 years, we have been a trusted name in New York birth injury law, standing up for families facing the consequences of medical negligence.
• Proven track record: Our team has secured multi-million-dollar verdicts and settlements for children harmed by preventable delivery mistakes, helping to ensure lifelong care and support.
• Medical knowledge: We work closely with obstetric, neonatal, and pediatric neurology specialists to build strong, evidence-based cases for our clients.
• Family-focused approach: From your first call to case resolution, we provide compassionate, transparent guidance, keeping you informed and involved in every decision.
• Multilingual services: We proudly serve New York’s diverse communities, offering legal support in English, Spanish, and several other languages to make the process accessible to all.
• No fee unless we win: You will never owe attorney’s fees unless we successfully recover compensation for your family’s losses.