Miami Fetal Distress Lawyer

Signs of fetal distress can indicate severe pregnancy and childbirth complications. If not treated promptly, fetal distress can cause birth injuries and lead to lifelong complications for your child. If your baby showed signs of fetal distress and was born with a health problem, you may have a claim for compensation.

Freidin Brown, P.A. has fought for medical malpractice victims across Florida for over 45  years. We understand that no amount of money can make up for your family’s suffering, but a lawsuit can give you the resources you need to care for your child, now and in the future. Call us today or contact us online for a free and confidential case evaluation.

Fetal Distress Can Result in Birth Injuries

According to the Cleveland Clinic, fetal distress (or non-reassuring fetal status) is a condition that occurs when a fetus has changes in movement or heart rate or shows signs of oxygen deprivation. Fetal distress can happen late in pregnancy and during labor and delivery.

When fetal distress is not detected or treated, it can lead to birth injuries, including brain injuries, cerebral palsy, and stillbirth. Children and their parents may be left to cope with permanent, disabling, and life-altering medical conditions.

When Can Fetal Distress Lead to a Medical Malpractice Claim in Miami?

Fetal distress can lead to a medical malpractice claim when healthcare providers do not recognize or treat signs of distress, resulting in injury. Medical malpractice is different from a bad outcome. Sometimes, bad outcomes occur in healthcare, even when providers offer proper treatment. Malpractice occurs when providers give you negligent care when another provider in the same field would not have in similar circumstances.

Common Causes of Fetal Distress

Doctors and nurses should be familiar with the causes of fetal distress, its symptoms, and how to treat it. They should closely monitor patients in late pregnancy and during labor and delivery and be prepared to treat fetal distress if it occurs.

The most common signs of fetal distress include:

• Lowered or elevated fetal heart rate
• Low amniotic fluid
• Prolonged periods of decreased fetal movement

The most common cause of fetal distress is lack of oxygen, but many underlying conditions can cause or increase the likelihood of fetal distress. These conditions include:

• Abnormally low blood pressure
• Pregnancy-induced hypertension (high blood pressure)
• Fetal anemia (lowered levels of healthy red blood cells)
• Preeclampsia
• Fetal growth restriction (the baby is very small)
• Late-term pregnancy (41 weeks or more)
• Contractions occurring too frequently (uterine tachysystole)
• Placental abruption (separation of the placenta from the uterus)
• Umbilical cord compression
• Pregnancies with identical twins
• Chronic health conditions in the mother, including heart disease or kidney disease

Treatment for Fetal Distress

If doctors detect fetal distress, there are many things they can do to respond to the complication, including:

• Changing the birthing position
• Providing IV fluids
• Providing oxygen via a mask
• Administering medications to slow or stop contractions
• Amnioinfusion (placing fluid in the amniotic sac to relieve compression on the umbilical cord)

Treating fetal distress may also require doctors to deliver the baby immediately. Providers may use medications to speed up labor, vacuums or forceps to aid delivery, or perform an emergency cesarean section.

Establishing Elements of Medical Negligence in a Fetal Distress Case

Negligence is the basis of personal injury and medical malpractice claims. If you, your child, or your partner suffered harm during labor or delivery, our Miami fetal distress lawyers rely on the following elements of medical negligence to build your claim:

1. Duty of care. When a provider/patient relationship exists between you and a doctor, nurse, or other medical professional, they have a legal obligation to provide you with the best possible care according to the standards of their profession.
2. Breach of duty. When doctors fail to treat patients, do not diagnose or respond to complications, or respond improperly, they breach the duty of care.
3. Causation. Our lawyers will establish causation with evidence. We will use medical records, eyewitness testimony, and more to prove that healthcare providers did not detect or correctly address signs of fetal distress. We will show that their failure harmed you or your partner or led to your child’s birth injury.
4. Damages. Our attorneys will show that injuries caused by fetal distress resulted in financial losses and pain and suffering.

If you believe you have a fetal distress medical malpractice claim, contact Freidin Brown, P.A. to learn more about your legal options. Complete our online contact form or call 24/7 for a free case evaluation.

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Our Miami Attorneys Seek Compensation for Injuries Caused by Fetal Distress

If your child suffered a birth injury caused by fetal distress, we will pursue the money you need to pay for their healthcare and safeguard their future. In general, compensation may include:

• Medical treatment. We can pursue compensation for the negligent medical treatment that caused your baby’s injury. We can also seek damages to pay for your child’s future medical needs, including medical devices and equipment, physical therapy, speech therapy, cognitive therapy, in-home health services, long-term nursing, and life care.
• Lost income. We can seek compensation for your child’s future lost income and lost earning capacity if they suffered a birth injury that will affect their ability to work. We can also seek compensation for your or your partner’s lost income due to an injury you sustained or for time taken off work to care for your infant.
• Miscellaneous expenses. You may need to pay for household services, medical travel costs, or medically necessary home modifications. You may also need to pay for special schooling once your child is old enough to attend school. Our attorneys will help you identify these costs so we can pursue every cent owed.
• Pain and suffering. We can seek pain and suffering damages on behalf of your infant and for parental pain and suffering, as well. We may recover monetary awards for chronic pain, loss of mobility, disabling medical conditions, emotional distress, depression, anxiety, loss of enjoyment, and diminished quality of life.
• Wrongful death. If your baby or your partner died from complications of fetal distress, we can pursue a wrongful death claim. Compensation may include medical bills, funeral and burial expenses, loss of companionship, and survivors’ mental and emotional pain and suffering.

Our Medical Malpractice Attorneys Get Results

Freidin Brown, P.A. has recovered significant judgments for personal injury and medical malpractice victims across Florida. We aggressively seek the maximum compensation possible, and our trial-tested attorneys will not hesitate to take your case to court when necessary. Our firm has recovered over $500 million for our clients, which includes significant case results like:

• $9.75 million for a mother who suffered a stroke after a C-section procedure in a Miami hospital
• $3 million for the surviving family members whose loved one passed away after childbirth when negligent medical care did not address her postpartum hemorrhaging

Let us help your family seek the full extent of damages.

Our Miami Fetal Distress Lawyers Help Families Seek Justice

Right now, your focus should be on your new baby, not on legal claims. Our Miami fetal distress lawyers are here to handle your case so you can spend your time and energy on being a parent.

Our law firm will:

• Investigate your fetal distress claim, collect case evidence, and prove medical negligence
• Identify financially liable parties
• Identify and aggressively pursue your damages
• Prepare and file insurance claims
• Draft and file legal paperwork
• Manage deadlines
• Handle communications with involved parties, including phone calls, emails, and meetings
• Negotiate with hospitals and insurance companies for the maximum compensation possible
• Prepare you and your case for trial if necessary

Big-Firm Advantages, Small-Firm Attention

Freidin Brown, P.A. offers big-firm resources in a small-firm setting. We selectively choose our cases and take a limited caseload so we can give clients the personalized service and support they deserve.

Our size does not mean we lack skill or tenacity. Our legal team has over 100 years of combined experience and a record that includes over 200 jury trials and 100 non-jury trials. We are more than qualified to negotiate a settlement, but we will not back down from pursuing a lawsuit if that’s what it takes to get justice.

Frequently Asked Questions About Fetal Distress Medical Malpractice Claims

Who Can I Sue for Fetal Distress?

Liability for fetal distress may rest with a doctor, nurse, midwife, or another medical professional. You may also be able to hold a negligent healthcare provider’s employer liable for their actions with a claim against a hospital, clinic, or birthing facility.

How Long Do I Have to File a Fetal Distress Lawsuit?

The statute of limitations for filing a medical malpractice lawsuit in Florida is generally two years, according to Florida Statutes § 95.11. You must file your fetal distress case within this time limit, or the court will likely refuse your suit. In some cases, some facts could extend your deadline, and different rules apply to minors. Our attorneys can tell you if any apply to your claim.

What Is the First Step in a Fetal Distress Case?

The first step in a fetal distress case is usually to gather all the medical records and have them reviewed by an expert in the field. If they have a favorable opinion (i.e., if they find that there was negligence that caused a serious injury), then we will have the expert or experts sign an affidavit of merit.

We must send that affidavit, along with a statutory presuit notice, to all prospective defendants before filing suit. That letter begins a 90-day presuit process, and we must wait until the expiration of the 90 days before filing a lawsuit. Our attorneys can discuss these and other legal requirements with you.

Contact a Miami Fetal Distress Lawyer With Freidin Brown, P.A.

Do not trust your medical malpractice claim to any firm. Malpractice is a complex area of the law with many potential pitfalls. Put your legal issue into the hands of an established Florida law firm with a solid medical malpractice case record.

Contact Freidin Brown, P.A. online or call today for a free and confidential evaluation. Our Miami fetal distress attorneys do not charge upfront costs or fees. You only pay us once we obtain compensation for you.