Fetal distress is when a baby in the womb experiences a concerning issue such as low heart rate, abnormal heartbeat, or low amniotic fluid. When doctors or nurses fail to recognize the warning signs and respond quickly, the results can be devastating. Untreated fetal distress may cause brain damage, cerebral palsy, or other lifelong conditions. In New Jersey, families affected by these preventable injuries can seek compensation through a medical malpractice claim.
As a trusted personal injury firm serving clients throughout New Jersey, The Grossman Law Firm has helped families pursue justice when medical errors harm their children. We understand how the law applies in real birth injury cases and what it takes to hold negligent healthcare providers accountable. With over 27 years of experience, we’ve obtained millions in compensation for New Jersey families whose loved one was harmed through negligence.
Talk to us in a free and confidential consultation. With Grossman Law, you won’t pay any lawyer fees until you win. Call us today at (732) 625-9494 for your free case evaluation.
When Fetal Distress Leads to Birth Injuries
Fetal distress is a medical term referring to signs a baby isn’t doing well during pregnancy or labor. The American College of Obstetricians and Gynecologists now prefers the term “non-reassuring fetal status” (NRFS) because it more accurately describes what doctors observe on monitoring equipment. Regardless of what it’s called, the condition demands immediate attention.
The most common reason behind fetal distress is the baby not getting enough oxygen. Specifically, common causes of fetal distress include:
- Umbilical cord problems
- Placental issues
- Prolonged labor
- Abnormal contractions (too fast or lasting too long)
- Reactions to medications like Pitocin.
A normal fetal heart rate falls between 110 and 160 beats per minute. When the heart rate drops too low, rises too high, or shows abnormal patterns, these are warning signs of potential oxygen deprivation. Medical staff use electronic fetal heart monitoring throughout labor to watch for these changes.
If left untreated, fetal distress can lead to hypoxic-ischemic encephalopathy (HIE), a form of brain injury caused by a lack of oxygen and blood flow. HIE is one of the leading causes of cerebral palsy in newborns.
How New Jersey Law Protects Birth Injury Victims
New Jersey medical malpractice law requires healthcare providers to meet the accepted standard of care. For labor and delivery staff, this means properly monitoring the baby throughout labor, recognizing signs of distress, and taking appropriate action when problems arise. When medical professionals fail to meet this standard and a baby suffers harm, the family may have grounds for a malpractice claim.
Statute of Limitations (Time Limit to Sue)
The New Jersey personal injury statute sets specific time limits for filing these cases. For birth injuries, New Jersey provides an extended deadline. Families have until the child’s 13th birthday to file a lawsuit. This longer window recognizes that some birth injuries don’t become apparent until a child misses developmental milestones or starts school.
Required Affidavit of Merit
The state also requires an affidavit of merit in medical malpractice cases. Within 60 days after the defendant responds to the lawsuit, the family must provide a statement from a qualified medical expert. This expert must confirm there’s a reasonable chance the healthcare provider’s care fell below accepted standards. This requirement helps ensure claims have a solid foundation before moving forward.
Proving Medical Negligence in Fetal Distress Cases
Birth injury cases involving fetal distress often focus on what the medical team knew and when they knew it. Electronic fetal monitoring creates a detailed record of the baby’s heart rate patterns throughout labor. These strips become critical evidence.
Medical experts classify fetal heart rate patterns into three categories. Category I patterns are normal. Category II patterns are concerning and need close watching. Category III patterns are abnormal and require immediate action, including preparation for emergency delivery.
Common examples of medical negligence in fetal distress cases include:
- Failure to properly read fetal heart rate strips
- Delayed response to warning signs
- Waiting too long to perform an emergency cesarean section
- Improper use of labor-inducing medications
- Failure to call for help from specialists when needed.
Attorney Scott D. Grossman and our team at The Grossman Law Firm work with medical experts who can review the fetal monitoring records, medical charts, and other evidence. These experts can determine whether the healthcare team met the standard of care and whether their actions caused the child’s injuries.
The Stakes for Families
When a baby suffers brain damage from oxygen deprivation, the effects often last a lifetime. Children may need years of therapy, special education, and ongoing medical care. Some require around-the-clock assistance.
The Cleveland Clinic reports that some 13,100 babies are born with cerebral palsy in the US annually. The Centers for Disease Control and Prevention (CDC) additionally estimates that the average lifetime cost of cerebral palsy in 2003 was $921,000, translating to over $1.6 million in 2025.
Birth injuries also affect entire families. Parents often have to reduce work hours or stop working entirely to care for their child. Marriages face additional stress. Siblings may receive less attention. The emotional toll is immense.
A successful medical malpractice claim can provide compensation for medical expenses, therapy costs, special equipment, home modifications, lost wages for caregiving parents, and pain and suffering. These funds can help ensure a child receives the care they need throughout their life.
Frequently Asked Questions
What are the signs of fetal distress during labor?
The main sign is an abnormal fetal heart rate pattern on the monitoring equipment. This includes a heart rate below 110 or above 160 beats per minute, lack of normal variability in the heart rate, and certain types of decelerations after contractions. Decreased fetal movement and meconium in the amniotic fluid can also indicate problems.
How quickly should doctors respond to fetal distress?
The response depends on the severity of the situation. For Category III fetal heart rate patterns, immediate action is required. This typically includes intrauterine resuscitation measures like changing the mother’s position, giving oxygen, stopping Pitocin, and preparing for emergency delivery. If the pattern doesn’t improve quickly, expedited cesarean delivery is usually required.
What is the deadline for filing a birth injury lawsuit in New Jersey?
For injuries sustained at birth due to medical malpractice, families must file a lawsuit before the child’s 13th birthday. This extended deadline applies because some birth injuries aren’t discovered until years later, when developmental delays become apparent.
Do I need an expert witness for a birth injury case?
Yes. New Jersey law requires an affidavit of merit from a qualified medical expert in nearly all medical malpractice cases. The expert must be board-certified in the same specialty as the defendant and must state that the healthcare provider likely fell below the standard of care.
Key Points to Remember
- Fetal distress means a baby isn’t getting enough oxygen, and it requires immediate medical attention.
- Failure to recognize and respond to fetal distress can constitute medical malpractice in New Jersey.
- Families have until a child’s 13th birthday to file a birth injury lawsuit in the state.
- An affidavit of merit from a medical expert is required within 60 days of the defendant’s response.
- Compensation may cover medical costs, therapy, lost wages, and pain and suffering.
Contact The Grossman Law Firm for Help With Your Birth Injury Case
If your child suffered a birth injury that you believe was caused by medical negligence, you deserve answers. The Grossman Law Firm can review your case and help you understand your legal options.
Scott D. Grossman, Esq. is a respected personal injury attorney in New Jersey with experience handling complex birth injury claims.
Call (732) 625-9494 to schedule a free consultation.
