Fetal distress can mean a very frightening few moments or a lifelong disability, and Utah families facing this often turn to a Utah Fetal Distress Lawyer for answers. Oxygen deprivation during late pregnancy or during labor is dangerous, but proper management can make all the difference…”
This keeps the original emotional lead sentence intact and tucks the keyword into the same paragraph without making the lawyer pitch the very first thing a scared parent reads.
Utah parents have good options available. There are at least five hospitals within 40 miles of Salt Lake City that U.S. News has rated “high performing” for maternity care.* Still, fetal distress can happen anywhere, and so can mistakes in managing the crisis.
If your child has been harmed by improper management of fetal distress, you may have a medical malpractice claim. The provider or facility that harmed your child may be responsible for the costs of ongoing care for your baby and other damages. We understand that lawsuits and insurance claims are probably the furthest thing from your mind when your child is suffering. But pursuing the compensation you deserve can help provide the care your baby needs.
The best way to find out whether you may be entitled to damages is to talk to an experienced fetal distress lawyer as soon as possible.
Our Salt Lake City Fetal Distress Lawyers are Here for You
At Allred, Vogt & Stuart (AVS), we understand the toll the damage caused by poorly-managed fetal distress can take on a family. We are fully committed to securing the compensation you need to care for your child and move forward with your lives. We will meticulously build the strongest case possible on your behalf. If the insurance company won’t offer a fair settlement, we are fully prepared to fight for you in court.
You don’t have to fight this battle alone. With the right attorney, you can focus on your family and leave the legal complexities to us. Schedule your free consultation with one of our fetal distress lawyers today to learn more. Just call 801-876-7771 or fill out our contact form.
What is Fetal Distress?
The medical profession calls fetal distress “non-reassuring fetal status” (NRFS). But using understated terms doesn’t change the reality. Fetal distress means your baby isn’t getting enough oxygen. Sometimes, fetal distress occurs because of a mistake, but it may also happen naturally during labor. For example, compression of the umbilical cord can interrupt the flow of oxygen. In other cases, fetal distress may be medication-induced or caused by complications during labor.
With quick detection and immediate action, fetal distress can often be managed without any serious harm to your baby. But when your medical team fails to detect fetal distress or doesn’t react appropriately, the consequences can be serious—even life-threatening.
When your medical providers fail you and your child, you deserve fair compensation.
Common Causes of Fetal Distress
Some of the most common causes of fetal distress include:
- Very low maternal blood pressure
- Placental abruption (placenta peeling away from the uterine wall)
- Too-frequent contractions, sometimes triggered by medication
- Compression of the umbilical cord
- Prolapse of the umbilical cord (when the umbilical cord slips through the cervix)
Other possible causes include:
- Uterine rupture
- Infection in the amniotic fluid/membranes
- Shoulder dystocia during delivery
Fetal distress can occur in any delivery. However, the risk can be increased by factors such as:
- Multiple births
- Low amniotic fluid
- Preeclampsia
- Late-term pregnancy
- Certain underlying maternal health conditions
- Excessive maternal weight gain
- Prolonged labor
Signs of Fetal Distress
One of the most important factors in the outcome of fetal distress is prompt detection. While fetal distress is most common during labor and delivery, there is also some risk of fetal distress during pregnancy.
Some of the warning signs that the fetus may not be receiving sufficient oxygen include:
- Decreased fetal activity
- Declining fetal heart rate or intermittent declines
- Discolored amniotic fluid
- Vaginal bleeding or severe abdominal pain in the mother
- Low biophysical profile (BPP) scores
- Diminished amniotic fluid
Medical providers rely on continuous fetal heart rate monitoring throughout labor to catch these warning signs in real time, a practice studied extensively by the National Institute of Child Health and Human Development.
Responding to Fetal Distress
The appropriate response to fetal distress depends on the cause of the oxygen deprivation. In some cases the fix is relatively simple. For example:
- Fetal distress caused by cord compression can sometimes be treated by simply repositioning the mother to decrease pressure on the cord
- Fetal distress due to diminished amniotic fluid can sometimes be addressed by adding fluid
- Fetal distress caused by frequent, strong contractions may be reduced by administering drugs to slow or reduce the force of contractions
In some cases, more extensive medical intervention is required. For example, emergency delivery may be required. Depending on the circumstances, that may mean vaginal extraction of the baby or an emergency C-section.
Aftermath of Fetal Distress
The vast majority of babies who suffer fetal distress have no long-term effects. However, some cases result in serious, long-term medical complications. Prolonged oxygen deprivation can result in serious conditions such as:
- Cerebral palsy
- Hypoxic-ischemic encephalopathy (HIE)
- Seizures
In some cases, fetal distress leads to stillbirth.
If your child suffers one of these serious conditions, they may require lifelong medical treatment and other care. For example, HIE may result in:
- Developmental delays
- Impairment of hearing or vision
- Epilepsy
- Cognitive impairment
- Growth issues
If your baby was harmed by failure to identify fetal distress or improper treatment of fetal distress, you should speak with one of our fetal distress lawyers right away. We will fight for the resources you need to care for your child and provide the best life possible.
Medical Malpractice in Fetal Distress Cases
Not every negative outcome gives rise to a medical malpractice claim. To prove medical malpractice in Utah, you must prove that the medical provider or facility failed to act in accordance with the accepted medical standard of care for the circumstances. There are two different ways a provider may commit malpractice in a fetal distress case: failing to diagnose the fetal distress in a timely manner and failing to treat the fetal distress appropriately.
Some examples of actions (or inaction) that may constitute malpractice include:
- Failing to perform testing that would normally be expected in a pregnancy like yours
- Failing to monitor fetal heart rate during labor
- Failing to notice or respond to warning signs during pregnancy or labor
- Taking too long to act after fetal distress was identified
- Taking the wrong type of action or acting negligently in the process of the response
How Long Do I Have to File a Medical Malpractice Claim in Utah?
Utah’s rules for filing a medical malpractice claim changed in 2025. Under current law, you generally have 4 years from the date you discover, or reasonably should have discovered, the injury to file a claim — but never more than 8 years from the date the malpractice occurred, regardless of when it was discovered.
Utah’s Malpractice Act does not include a special extension for minors, so families should not assume a child’s age automatically preserves a claim. Because a birth injury may not reveal its full extent for months or years, and because the process involves mandatory pre-filing steps with the state before a lawsuit can even be filed, it’s important to speak with an attorney as soon as possible after learning your baby may have been harmed.
What Type of Damages are Available in a Salt Lake City Malpractice Case?
Under Utah law, there is no cap on economic damages — such as medical expenses and other costs of care for a child harmed by medical malpractice. Other types of economic damages may include the cost of medical equipment, renovation of the home to adapt for a child’s disabilities, and other costs necessary due to the malpractice.
Utah law also allows for non-economic damages — compensation for pain, suffering, and inconvenience — but these are capped. As of 2025, that cap is $950,000.
Importantly, this cap does not apply in every case. Utah’s courts have ruled that the cap on non-economic damages cannot be applied in wrongful death cases. If a baby does not survive fetal distress or its complications, non-economic damages in a wrongful death claim are not subject to this limit. This distinction can make a significant difference in the value of a claim, and it’s one more reason to talk with an experienced Utah fetal distress attorney about the specifics of your case.
How AVS Fetal Distress Lawyers Build Your Malpractice Case
Our investigation of your medical malpractice claim starts with an in-depth review of the medical records surrounding your pregnancy, labor and delivery. We work with carefully-selected medical experts to identify any departures from the accepted standard of care and assemble evidence to show that the provider or facility did not live up to their obligations to you and your baby.
We will also work with experts to establish damages by assessing the long-term cost of your child’s care, loss of quality of life, and other damages suffered as a result of medical malpractice.
Some injury and malpractice firms are in a hurry to get cases settled and move on to the next. At AVS, we give every case our all. We’ll never recommend a settlement unless we truly believe it’s in your best interest to accept. And if it isn’t, we’ll take your case to trial. To learn more about your rights and how we fight for them, schedule a free consultation right now. Call 801-876-7771 or fill out our contact form to get started.
This post is for general informational purposes only and is not legal advice. Reading it or contacting our firm does not create an attorney-client relationship.
