Birth Injury

Nationwide

Failure to Monitor During Labor

When the warning signs were there — and no one was watching.

Continuous monitoring during labor exists for one reason: to catch problems early enough to do something about them. When labor-and-delivery nurses leave the bedside too long, when alarms are silenced, when fetal heart-rate strips aren't reviewed, or when maternal vital signs go unrecorded for hours, the entire safety net collapses.

"Failure to monitor" is one of the most common allegations in birth injury malpractice. It overlaps with — but is distinct from — failure to interpret a strip correctly. Sometimes the monitor was telling the truth; no one was looking.

What monitoring is supposed to look like

  • Fetal heart rate — continuous electronic monitoring during high-risk labor, with documented review at least every 15 minutes in the first stage and every 5 minutes in the second stage.
  • Uterine contractions — frequency, duration, and intensity tracked alongside the fetal heart rate.
  • Maternal vital signs — blood pressure, heart rate, temperature, and oxygen saturation at regular intervals.
  • Labor progression — cervical dilation, fetal station, and descent assessed and documented.
  • Patient symptoms — pain, bleeding, fluid loss, and mental status.

How monitoring fails

  • Understaffing. One nurse covering multiple laboring patients can't provide continuous monitoring to any of them.
  • Alarm fatigue. Persistent alarms get silenced or ignored.
  • Improper transducer placement. Monitor loses contact with the fetal heart rate and no one notices.
  • Long absences from the bedside. Especially during shift changes, breaks, or hand-offs.
  • Documentation gaps. Hours pass with no charted assessment of mother or baby.
  • No central monitoring oversight. Even when central stations exist, no one is assigned to watch them.
  • Failure to escalate. Nurses see something concerning but don't call the obstetrician — or don't call loud enough.

What can go wrong when no one is watching

Proving a monitoring failure

We obtain the complete fetal monitoring strip (often delivered as electronic data, not just paper), nursing flowsheets, electronic medical records with audit trails showing who logged in and when, staffing assignments, and policies the hospital was supposed to follow. Pattern evidence — long gaps in documentation, missing strip segments, charting done hours after the fact — often tells the story.

Related practice areas

Awards & Recognition

  • American Bar Association
  • American Association for Justice
  • Rated by Super Lawyers
  • Better Business Bureau A+ Rating

As Seen On

  • ABC News
  • FOX 45 Baltimore — WBFF
  • NBC News
  • CBSN Dallas–Ft. Worth
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