If I was seen in labor with my baby and sent home. Then came back the following day and had a delivery that ended with her in the nicu who's at fault

Certain conditions during labor and delivery can increase the risk of an ischemic injury to a child, including a compressed umbilical cord or the presence of meconium in the amniotic fluid. Additionally, maternal conditions such as a ruptured uterus, eclampsia, or a hyperstimulated uterus can interrupt oxygen flow to the baby’s brain. During labor and delivery, the frequency and strength of a mother’s contractions are measured with a fetal monitor. This same device also measures a baby’s well-being by monitoring his/her heart rate. Physicians, nurses and midwives must be trained to interpret fetal monitoring tracings to recognize ominous signs of fetal distress. If members of the labor and delivery team cannot adequately interpret fetal monitoring tracings, there is a risk of an untimely response to signs of oxygen deprivation and injury to the baby. Unfortunately, the longer a baby’s brain is deprived of oxygen, the greater potential for injury. The focal point of the investigation of these cases is usually (a) were signs of fetal distress timely recognized and (b) was a timely cesarean section undertaken to prevent harm to the child. If you think that you may have a viable malpractice case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability.  Click here for an article that explains what you can and should expect when pursuing a medical malpractice case.  Click here, here  and here for more information about me. If you found this information helpful, I would appreciate it if you would click here and take a few seconds to provide some feedback online. Because I am an attorney, when I write to people about legal matters I have to insert language to cover my rear-end and say things that are usually already pretty obvious. This is not because I think you are stupid, it is because lawyers are held to a higher standard than most people when they are providing explanations about legal issues and are easily criticized for being misleading when less than clear. So, please understand that I am not acting as your attorney, I am not doing anything to protect any legal rights that you have and you should not consider this email as legal advice. If you have questions and want to investigate a case, you should contact an attorney in your state. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com.  Click here for my website.