When does meconium aspiration syndrome become medical malpractice?

MAS itself is not always preventable, but the brain injuries that can follow severe MAS frequently are, and the delivery record is where the evidence of what went wrong is found.

Medical experts evaluating a MAS malpractice case commonly examine the timeline between recognized fetal distress and delivery, and whether each step in that sequence was handled appropriately:

• Whether fetal heart rate monitoring showed signs of compromise that went unaddressed
• Whether an emergency C-section was indicated and delayed

• Whether meconium-stained amniotic fluid was identified and communicated to the delivery team
• Whether appropriately credentialed neonatal resuscitation personnel were available at delivery
• Whether ventilation was initiated promptly when the newborn was not breathing adequately

The American College of Obstetricians and Gynecologists states that meconium-stained amniotic fluid requires notification and availability of a team with full neonatal resuscitation skills. When that standard is not met, the consequences can be severe.

What injuries can result from a failure to manage MAS appropriately?

Failure to provide timely and appropriate treatment that allows continued oxygen deprivation after birth may result in injury including hypoxic-ischemic encephalopathy, neonatal seizures, cerebral palsy, developmental disabilities, cognitive impairment and permanent neurological injury. Medical experts examining a MAS claim assess whether those injuries were caused or worsened by the medical team's failure to act within the timeframes that the standard of care requires.

What records are reviewed in a MAS malpractice investigation?

Experts typically review fetal heart monitoring strips, labor and delivery records, documentation of meconium-stained fluid, Apgar scores, cord blood gas results, neonatal resuscitation records, NICU records, brain MRI findings, and EEG results. The timeline running from the first sign of fetal distress through delivery and resuscitation is the foundation of the legal analysis.

How Sean M. Cleary Can Help in a Meconium Aspiration Syndrome Case

MAS cases turn on timing, and establishing liability means reconstructing the delivery timeline minute by minute against the standard of care. Attorney Sean M. Cleary works with obstetric and neonatal experts who can do exactly that, and he personally reviews every case that comes through our office.

If your child suffered brain damage following meconium aspiration and you believe the delivery team failed to respond appropriately, contact The Law Offices of Sean M. Cleary today for a free case evaluation.