My sons fetal heart rate was not monitored, and I believe it resulted in a traumatic birth and his current health issues.

My son, who is now four years old, had a very traumatic birth due to careless medical professionals.  He was 41 1/2 weeks gestation.  My OB-GYN never did a stress test to see if my son could tolerate labor.  At about 30 weeks gestation I asked my OB's midwife a question about fetal heartrate because my son's heartrate would fluctuate dramamtically.  She tried to tell me it was normal but I told her that I read that what his heart was doing was not normal.  She told me "You read too much.  Go home, have a beer and relax."

When they induced me at 41 1/2 weeks the nurses were never able to get a "baseline" heart rate.  His heart rate was fluctuating more than normal.  Eventually this lead to an emergency c-section due to his heart ranging from 50 bpm to 190 bpm.  Upon delivery it was found that my son had a true knot in his cord.  The pH of his cord blood was in brain damage level.  They stated there may be brain damage - we would just have to wait and see.  At the age of 3 he was diagnosed with PDD-NOS.  Since then we have worked hard to help my son get "better" or as close to better as he is ever going to get - while wondering if his labor, being post due, etc could have been the cause.  I would hate for my OB to do this to anyone else.

Do we have any options at this point even though it happened so long ago?

Answers (1)

The statute of limitations has likely run out, however, you may be able to pursue legal action based on the "discovery" of injury happening only one year ago. That is, your son was diagnosed with a brain injury one year ago, and it may stem from the negligent medical treatment. If that can be shown, then you can still pursue legal action against the hospital, OB-GYN and midwife.

You should talk to a medical malpractice lawyer immediately to find out if you have any options and see if you can file a medical malpractice claim in time to beat the statue of limitations.

Good luck.

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