What is fetal distress and how can it be used in a birth injury lawsuit?
Fetal distress is a medical condition that is caused when a baby is not receiving enough oxygen before, during or after delivery. It can also be used to describe the baby’s distress during labor and delivery if the baby is experiencing pain or an illness. In a birth injury lawsuit, fetal distress is an important factor in determining whether or not the mother or the doctor or hospital could be held liable for the injury. In a birth injury lawsuit in Delaware, evidence of fetal distress can be used to prove that the medical staff either ignored or failed to recognize signs of distress, or that they did not take the necessary steps to address the medical issue at the appropriate time. For example, if fetal monitoring devices indicate that the baby’s oxygen levels are dropping, and medical staff did not take the necessary steps to address the issue, they could be held liable for the resulting injury. In addition to fetal monitoring devices, a lawsuit may also consider evidence such as lab tests, ultrasound reports, the baby’s vital signs and the mother’s medical history. All of these can be used to show a doctor’s or hospital’s negligence and failure to provide appropriate medical care that led to the fetal distress and ultimately, a birth injury.
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