How Failure To Diagnose Fetal Distress Can Lead to Birth Injuries

 Posted on August 07, 2025 in Medical Malpractice

When fetal distress goes unnoticed or untreated, the consequences can be devastating. In one of our cases, we secured a $2.75 million settlement for a 29-year-old woman whose baby was stillborn due to a nurse’s failure to properly read a fetal monitor. This is one of the largest prenatal death settlements recorded in Cook County, and it highlights just how serious the failure to diagnose fetal distress can be. If your family has been affected by a similar situation, our Chicago, IL medical malpractice attorneys can help you understand your rights and take legal action.

How Can Fetal Distress Lead to Birth Injuries?

Fetal distress usually means that the baby is not getting enough oxygen during labor and delivery. This condition, also called hypoxia, can cause serious injuries to the baby's brain and other organs. If doctors or nurses fail to act quickly, the baby may suffer permanent harm, including cerebral palsy, seizures, or developmental delays.

There are many causes of fetal distress, such as umbilical cord problems, low amniotic fluid, or a long, difficult labor. Medical staff is expected to monitor the baby's condition using fetal heart rate monitors. When signs of distress are present, quick action, such as providing oxygen or performing an emergency C-section, can prevent injury. But when healthcare providers fail to act, the baby may suffer avoidable harm.

Can Healthcare Professionals Be Liable for Birth Injuries Caused by Fetal Distress?

If a doctor, nurse, or hospital staff member fails to recognize or respond to fetal distress and a baby is injured or dies as a result, they may be held legally responsible for medical malpractice. In our previously mentioned case, the monitor showed signs of distress, but no doctor was called. Tragically, the baby died in the mother’s womb before delivery. Under Illinois law, the parents were able to file a lawsuit to recover compensation for their losses.

What Does Illinois Law Say About Medical Malpractice?

Medical malpractice happens when a healthcare provider's error or inaction causes injury or death. To succeed in a malpractice case, you must prove that the provider owed a duty of care, failed to meet that duty, caused harm, and that harm resulted in damages. According to 735 ILCS 5/2-622, anyone who files a medical malpractice claim must include a certificate of merit. This document must be signed by a healthcare professional who believes there is a valid reason to bring the case. It helps confirm that the case has a medical basis.

Under 735 ILCS 5/13-212, most malpractice cases must be filed within two years of when the injury was discovered, but no more than four years after the incident. If the victim is a child, 735 ILCS 5/13-211 allows up to eight years to file, but not beyond the child’s 22nd birthday. These time limits are strict. If you wait too long, you may lose your chance to bring a case, no matter how strong it is.

Contact a Chicago, IL Birth Injury Attorney Today

If your child suffered a birth injury or if you experienced a tragic loss due to medical negligence, you may have grounds to pursue compensation. At Winters Salzetta O'Brien & Richardson, LLC, our Chicago, IL birth injury lawyers are here to guide you through every step of the legal process with care and determination.

We are committed to making legal help accessible by offering free consultations, flexible evening and weekend appointments, and even traveling to meet you at your home, workplace, or hospital if needed. We also work on a contingency fee basis, meaning we only collect a fee if we successfully recover compensation for you. Call us today at 312-236-6324 to discuss your case during a free consultation.