Fetal Acidosis Lawsuit

Respiratory acidosis in the fetus is defined by an elevated level of PC02. This type of acidosis arises when there is a buildup of carbon dioxide in the blood. Essentially, the fetus is producing more carbon dioxide than is being eliminated through the umbilical cord.

One of the most common causes is the compression of the umbilical cord.

The second type of acidosis in fetuses and newborns is metabolic.

When the fetus receives an adequate amount of oxygenated blood, it will naturally metabolize something called lactic acid. However, when blood flow and functions are disrupted, there can be a buildup of lactic acid in the fetal blood and tissue. Lactic acid ultimately increases the levels of acidity in the tissue and blood, leading to metabolic acidosis.

In respiratory acidosis, high acidity levels occur at a pH of less than 7.2 and a PCO2 of 66 or higher in the umbilical artery. In metabolic acidosis, the CO2 is not usually increased.

Although the two types are separate, The BMJ Medical Journal points out that the two can mix.

“While acute fetal acidosis is almost always initially respiratory, this is quickly followed by mixed respiratory and metabolic acidosis if there is no improvement in oxygenation,” the authors of the article on fetal acidosis wrote.

The longer respiratory acidosis occurs, the more likely metabolic acidosis will follow.

The consequences of a child suffering from fetal acidosis depend on the type and severity. The fetus has adapted to survive prolonged labor using compensatory mechanisms. This means there is a reserve of blood supply just in case some disruption of blood flow occurs.

However, when the fetus is exposed to chronic acidosis, there could be more severe complications that follow, such as:

• Cerebral Palsy
• Seizures
• Motor Disorders
• Brain Damage
• Cognitive Deficits
•  Heart Problems
• Developmental Delays
• Blindness
• Paralysis
• Death

Fetal acidosis affects not only the children who are diagnosed with it, but their families as well. Newborns can suffer painful neurological damage from this condition. The emotional and physical suffering related to fetal acidosis can be addressed through a lawsuit. Children will spend much of their time in physical therapy, or, depending on the severity of the injury, they may need surgery. These costs can end up being hundreds of thousands of dollars. A successful case can help reduce the burden.

Parents of children suffering from fetal acidosis can file a lawsuit against a medical professional or a facility for the following reasons:

• To hold medical facilities or professionals accountable for their actions
• To prevent future cases by informing the public about the dangers of fetal acidosis
• To give distressed parents peace of mind by delivering a sense of justice
• To receive compensation to help cover existing medical bills, as well as future rehabilitation, so that parents can take a proactive approach regarding long-term care

There are statutes of limitations on fetal acidosis cases, as there are with all other medical malpractice lawsuits plaintiffs must abide by. Cases must be filed by a specific deadline according to this rule. Once that window of opportunity closes, an injury or accident victim will no longer be eligible to file a lawsuit to receive compensation.

Statutes of limitations for fetal acidosis cases significantly vary from state to state. In most states, cases must be filed within a year when the negligence-based injury occurred, while in other states, parents have five years from the date of the child’s injury to file a case.

The following factors may impact the statute of limitations, depending on the state in which you reside:

• If there is a statute of repose in your state, no legal action can be taken after a specific timeframe, regardless of the discovery date
• A date that the courts believe the condition should have been discovered
• The ability of the child affected by fetal acidosis to file a medical malpractice claim once they reach 18 years of age (uncommon)
• Affidavits from expert witnesses are required for plaintiffs in some states before the statute of limitations applies

In the state of Georgia, the statute of limitations for medical malpractice cases is two years from the date of discovery. Some exceptions can shorten or extend the time limit a plaintiff has to file a lawsuit. An experienced fetal acidosis lawyer in Georgia can help plaintiffs file a lawsuit within the state’s statute of limitations and determine what exceptions apply to their case.

There are four elements a fetal acidosis lawyer will need to establish to prove that you and your child were victims of medical malpractice:

• Duty of Care: To provide medical treatment consistent with accepted care standards set forth by the medical community, a legal obligation known as a duty of care is established between the doctor and the patient. This means that a doctor would need to provide care that is similar to what a surgeon would have provided similar training in a comparable situation.
• Violation of Duty of Care: A fetal acidosis lawyer will need to provide some specific examples of when the physician who cared for you didn’t meet accepted medical practices. For example, a surgeon may not have responded to complications in the same way a similarly-trained healthcare professional would have, given the circumstances.
• Duty of Care Breach Injured Your Child: A direct link between your child’s injuries and the breached duty of care exists. Our lawyers will disprove claims from the defendant that your child’s injuries resulted from a pre-existing condition.
• Your Child’s Injuries Led to Damages: Our lawyers will provide evidence of the personal accounts of pain and suffering you and your child have endured or medical bills that you owe as a result of your child’s injuries.

If our fetal acidosis lawyers can prove these four elements of malpractice, you may be eligible to receive compensation for damages. We have proven these four elements in a court of law before, and we know how to acquire the evidence we need.

A medical professional or institution that causes fetal acidosis by negligence or recklessness can be sued for damages. If a child survives the initial acidosis, they could experience lifelong afflictions that affect the quality of life and require costly treatments. A lawsuit can help victims of medical malpractice get the justice they deserve and help pay for past and future medical expenses. 

Contact our fetal acidosis lawyers to learn more about whether you have a case.