During labor, you trust doctors and nurses to notice when something is wrong. Electronic fetal monitoring helps track your baby’s heart rate and your contractions, giving the care team important information about whether your baby may be in distress.
Fetal monitoring does not prevent every complication. However, when warning signs appear, the care team should evaluate them and respond within the accepted standard of care.
How monitoring errors can harm a baby
Fetal heart rate patterns can change during labor. Some changes may be temporary, while others may suggest fetal distress. If the care team misreads, overlooks or fails to respond to concerning patterns, your baby may remain in distress longer than necessary.
Monitoring mistakes may include:
- Misreading fetal heart rate decelerations
- Failing to notice repeated non-reassuring patterns
- Not checking whether the monitor is working properly
- Waiting too long to call a doctor or specialist
- Delaying a needed C-section or other intervention
A delayed response can increase the risk of oxygen deprivation. If oxygen deprivation is significant and prolonged, it can cause brain injury such as hypoxic-ischemic encephalopathy (HIE), which may lead to seizures and long-term developmental problems.
What records may help explain what happened
If you believe fetal monitoring errors contributed to your child’s injury, medical records may help show how the care team responded during labor. These records may include:
- Fetal monitoring strips
- Labor, delivery and nursing notes
- Apgar scores and NICU records
- Imaging and neurology reports
These documents can help medical experts review whether the care team recognized signs of distress and acted appropriately.
Understanding Oregon deadlines
In Oregon, you must usually file medical malpractice claims within two years of when the injury was discovered or reasonably should have been discovered. Oregon also has a five-year outer limit that generally runs from the date of the medical care or omission that caused the harm, and it can bar a claim even if you discover the injury later. Special rules can apply when the injured patient is under 18, but those rules are limited. It is important to get legal advice as soon as possible.
Getting answers after a birth injury
A birth injury can leave you with urgent questions about your child’s care and future needs. If you are concerned about the care you received during delivery, seeking a professional review of your medical records can provide the clarity you need to move forward.