Meconium aspiration syndrome occurs when a baby breathes in a mix of meconium (fetal stool) and amniotic fluid before or during birth. When medical providers fail to recognize fetal distress or respond promptly to warning signs, this preventable condition can cause serious harm. Families in New Jersey may have grounds for a medical malpractice claim if negligent care contributed to their baby’s MAS diagnosis.
As a New Jersey personal injury firm with extensive experience in birth injury cases, The Grossman Law Firm understands the medical complexity in meconium aspiration syndrome claims. We’ve helped families throughout the state hold negligent healthcare providers accountable when errors during labor and delivery cause lasting harm to newborns. In our 27+ years of service, we’ve obtained millions in compensation for harmed individuals and families.
Talk to us in a free and confidential consultation. The Grossman Law will not charge you anything unless and until we win for you. Call us today at (732) 625-9494 for your free case evaluation.
What Is Meconium Aspiration Syndrome?
Meconium is a baby’s first stool. It’s a thick, sticky substance made up of materials the fetus ingested while in the womb. Normally, babies pass meconium after birth. However, stress during labor can cause a baby to release meconium into the amniotic fluid before delivery, and in some cases, the baby can breathe in this meconium-stained fluid. When this incident causes health problems, it is called meconium aspiration syndrome (MAS).
When a baby inhales meconium-stained fluid, it can block the airways, damage lung tissue, and interfere with normal breathing. MAS can lead to respiratory distress, persistent pulmonary hypertension, pneumonia, and, in severe cases, brain damage from oxygen deprivation.
According to a recent study in the American Journal of Obstetrics & Gynecology, meconium-stained amniotic fluid occurs in approximately 5% to 20% of all births. Of those cases, 5% of babies develop meconium aspiration syndrome.
Risk Factors Medical Teams Should Monitor
Certain conditions increase the likelihood of meconium passage and aspiration. Medical providers should be especially vigilant when these risk factors and warning signs are present:
- Post-term pregnancy (delivery beyond 42 weeks of pregnancy)
- Prolonged or difficult labor
- Maternal high blood pressure
- Preeclampsia
- Decreased oxygen to the fetus
- Fetal growth restriction.
When these factors exist, the standard of care requires heightened attention to fetal well-being and preparation for potential complications at delivery.
How Medical Negligence Causes Meconium Aspiration Injuries
Doctors and nurses have a responsibility to monitor both mother and baby throughout labor. Fetal heart rate monitoring helps detect signs of distress that could indicate a baby is at risk. When medical teams fail to recognize these warning signs or delay necessary interventions, preventable injuries can occur.
Common forms of negligence in MAS cases include:
- Failure to properly monitor fetal heart rate patterns
- Ignoring signs of fetal distress, such as abnormal heart rate tracings
- Delaying an emergency cesarean section when indicated
- Not recognizing meconium-stained amniotic fluid as a warning sign
- Failing to have proper suctioning equipment ready at delivery
- Inadequate response to respiratory distress after birth.
The presence of meconium in amniotic fluid alone doesn’t mean negligence occurred. Many babies born through meconium-stained fluid are healthy. The question in a malpractice case is whether the medical team followed accepted standards of care and responded appropriately to the situation.
Long-Term Effects of Meconium Aspiration Syndrome
While many babies with mild MAS recover within a few days, severe cases can lead to lasting complications. Research published by the National Institutes of Health indicates that infants with MAS may later develop:
- Air leak: Medically called pneumothorax, this is when the air sacs in the lung burst and leak air in the chest.
- Asphyxia: This occurs when the body lacks oxygen supply. Untreated, it can lead to brain damage, organ damage, or tragically, death.
- Pulmonary hypertension: This serious condition is when the blood vessels to the lung suffer high blood pressure, leading to heart failure if untreated.
- Respiratory complications: The infant faces increased risk of pneumonia, asthma, or reduced lung function.
Families dealing with severe MAS injuries may face ongoing medical expenses, therapy costs, special education needs, and lifetime care requirements. A successful malpractice claim can help cover these expenses and provide financial security for a child’s future.
New Jersey Medical Malpractice Law for Birth Injuries
New Jersey has specific laws governing medical malpractice claims involving birth injuries. Understanding these rules is essential for families considering legal action.
Statute of Limitations
For most medical malpractice claims in New Jersey, you have two years from when you discovered or should have discovered the injury to file a lawsuit. Birth injury cases involving infants have different rules.
Under New Jersey law, a medical malpractice lawsuit for injuries sustained at birth must be filed before the child’s 13th birthday. This extended timeframe recognizes that some birth injuries don’t become apparent until a child grows older and misses developmental milestones.
Affidavit of Merit Requirement
New Jersey requires plaintiffs in medical malpractice cases to provide an affidavit of merit within 60 days after the defendant files an answer. This affidavit must come from a qualified medical expert who reviewed the case and found a probability that the healthcare provider’s conduct fell below acceptable standards.
No Caps on Compensatory Damages
Unlike some states, New Jersey doesn’t limit the amount of compensation that injured patients can receive for their losses. This includes both economic damages like medical expenses, and non-economic damages such as pain and suffering. Punitive damages, which are rare in malpractice cases, are capped at $350,000 or five times the compensatory damages, whichever is greater.
Proving a Meconium Aspiration Malpractice Claim
To succeed in a birth injury lawsuit involving MAS, families must prove four elements:
- The healthcare provider owed a duty of care to the patient.
- The provider breached that duty by failing to meet the accepted standard of care.
- The breach directly caused the injury.
- The injury resulted in actual damages.
Medical experts play a critical role in these cases. An expert can review the medical records, fetal monitoring strips, and delivery notes to determine whether the medical team’s actions fell short of what other qualified professionals would have done in the same situation.
Attorney Scott D. Grossman and our team work with respected medical experts who can analyze the specific circumstances of your case. We examine what the medical team knew, when they knew it, and whether their response was timely and appropriate.
Supporting Data on Meconium Aspiration Syndrome
Medical research provides important context for understanding MAS and its outcomes:
- According to research in the National Library of Medicine, meconium aspiration syndrome accounts for approximately 10% of neonatal respiratory failure cases.
- The mortality rate for MAS in the United States is approximately 1.2%, though rates are higher in severe cases complicated by pulmonary hypertension.
- About 40% of infants with MAS require intubation and mechanical ventilation for respiratory support.
These statistics underscore why proper monitoring and prompt intervention matter so much during labor and delivery.
Frequently Asked Questions
How do I know if my baby’s meconium aspiration was caused by negligence?
Not every case of MAS involves medical negligence. The key question is whether the healthcare team followed accepted standards of care. If providers ignored warning signs, failed to monitor properly, or delayed necessary treatment, negligence may have occurred. A thorough review of medical records by qualified experts can help determine whether you have a valid claim.
What compensation can families receive in a birth injury lawsuit?
Compensation in MAS cases may include past and future medical expenses, therapy and rehabilitation costs, special education needs, home modifications, pain and suffering, and loss of quality of life. The specific amount depends on the severity of injuries and their long-term impact on the child and family.
How long do I have to file a lawsuit for my child’s birth injury in New Jersey?
For birth injuries in New Jersey, claims on behalf of the injured child generally must be filed before the child’s 13th birthday, subject to specific statutory rules and exceptions. However, it’s best to consult with an attorney as soon as you suspect negligence occurred. Evidence can become harder to gather as time passes, and early investigation strengthens your case.
Will I need to go to trial for a birth injury case?
Many birth injury cases settle before reaching trial. Insurance companies often prefer to resolve strong cases rather than risk a larger verdict at trial. However, some cases do proceed to trial when the parties can’t agree on fair compensation. An experienced birth injury attorney prepares every case as if it will go to trial while remaining open to reasonable settlement offers.
Key Points to Remember
- Meconium aspiration syndrome occurs when babies inhale meconium-stained amniotic fluid, which can cause serious respiratory problems and long-term complications.
- Medical negligence may be involved when healthcare providers fail to recognize fetal distress, ignore warning signs, or delay necessary interventions.
- New Jersey law allows birth injury lawsuits to be filed until the child’s 13th birthday.
- New Jersey does not cap compensatory damages in medical malpractice cases, which means you can pursue full compensation for all your losses.
- Medical expert testimony is essential for proving that care fell below accepted standards.
Contact The Grossman Law Firm for Help With Your Birth Injury Case
If your baby suffered harm from meconium aspiration syndrome and you believe medical negligence played a role, you deserve answers. Our team can review your case, examine the medical records, and help you understand your legal options.
Scott D. Grossman, Esq. is a respected personal injury attorney serving families throughout New Jersey.
Call (732) 625-9494 to schedule a free consultation.
