I am so sorry this happened to your baby. It is impossible based on an Avvo question to offer an opinion what your chances are to win a medical malpractice case. These cases are tough to win in the best of circumstances. I suggest you discuss the situation with a couple of medical malpractice lawyers in your area. Do not try to get records first, just organize your facts as best you can and make some phone calls. Most medical malpractice lawyers are happy to answer questions on the phone without charge, and if they are interested in the case, they will take it from there.
Any opinions stated in response to Avvo questions are based upon the facts stated in the question. Responses to Avvo questions are for general information purposes only, and should not be construed or relied upon as legal advice.
You should have your medical records examined by a local Arizona attorney with a great deal of experience with medical negligence claims. Whether you have a viable case probably depends on what the fetal monitor tracings look like. The tracings are just a bunch of swiggly lines that must be properly interpreted by the physician or nurse. Sometimes they misinterpret them. Just because you felt less movement doesn't mean that you absolutely have a case. If the monitor showed a good heart beat from the baby then they were likely justified in not doing more. An attorney could obtain the fetal monitor strips & have them reviewed by an L&D nurse or an OB-Gyn for you.
Until your records are examined, there is absolutely no way an attorney can render a competent opinion on your chances in court.
Please note that I am not an Arizona lawyer. I cannot advise you on the law in your state or the critical legal deadlines for bring a suit. These things are very, very important. You should consult with a local Arizona law firm to get truly competent legal advice. Good luck.
It is difficult to evaluate your case based on the information provided. Find an experienced attorney who can evaluate all the facts and help determine your next best course of action.
If this information has been helpful, please indicate below. NY Attorney, Daniel Buttafuoco, has been voted BEST LAWYER five years in a row and has represented clients all over the United States. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Daniel Buttafuoco strongly advises the questioner to confer with an attorney in order to ensure proper advice is received. www.1800NowHurt.com
Sign up to receive a 3-part series of useful information and advice about personal injury law.