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Electronic Fetal Monitoring on Trial

By Christopher D. Bernard

When an infant is born hypoxic, acidotic and neurologically depressed and goes on to develop permanent brain damage, questions are raised as to when the injury occurred, why it occurred and whether it could have been prevented through the exercise of reasonable care. The answers to those questions will determine whether there is a valid basis for pursuing a claim of medical malpractice. The investigation requires a detailed analysis of the mother's medical history, the prenatal course, the labor and delivery, the neonatal course and the child's neurological outcome.

In most instances, although not always, if the injury occurred prior to the onset of labor, it is difficult to establish that obstetrical management is responsible for the injury. That is because most antenatal causes of injury are difficult to predict, and even more difficult to prevent. That is not the case where the mother has successfully carried the fetus to term or near term and arrives at the hospital carrying a healthy baby, but that baby then suffers an acute asphyxial event in the course of labor and delivery.

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