The Fetal Monitor During a VBAC
When the Warning System Fails
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Article written by Brendan Lupetin, Esq. Brendan is a managing partner in the law firm of Lupetin & Unatin, a medical malpractice law firm located in Pittsburgh and serving Western Pennsylvania.
Our practice is limited to high-value catastrophic cases because that is where we can do the most for our clients and for patient safety.
During a trial of labor after a cesarean, the fetal heart monitor is not a routine piece of equipment. It is the warning system. It is, in most cases, the first and best chance to catch a uterine rupture before it harms the baby. When that warning system is not used correctly, the warning never comes, and the response never comes in time.
If your delivery ended in an injury, you may wonder whether something on the monitor was missed. In this article we explain how fetal monitoring is supposed to work during a trial of labor, and how a breakdown in monitoring can lead to a preventable injury.
Why monitoring matters more during a trial of labor
A trial of labor after cesarean, often called TOLAC, carries a specific danger that an ordinary labor does not. The old cesarean scar on the uterus can tear during labor. This is a uterine rupture, and it is an emergency for both mother and baby.
When a rupture begins, the most common early sign is a sudden change in the baby’s heart rate. ACOG identifies the fetal heart tracing as the most reliable early clue that a rupture may be happening. That single fact explains why monitoring is so important. The monitor is how the team sees the emergency starting. Without it, the first sign of trouble may be missed entirely.
What continuous monitoring means
For a trial of labor after cesarean, ACOG recommends continuous electronic fetal monitoring. The word continuous is doing real work in that sentence.
Continuous monitoring means the baby’s heart rate and the mother’s contractions are tracked without interruption throughout labor. It is not the same as checking the heartbeat every so often. It is not a monitor that is left running while no one looks at the screen. True continuous monitoring means an unbroken recording and a qualified person actually watching and interpreting it as labor goes on.
The monitor produces a strip, a moving record of the baby’s heart rate and the contraction pattern. Reading that strip correctly is a skill. Certain patterns are reassuring. Others are warning signs. A trained nurse or physician is supposed to recognize the difference and act on it.
How monitoring fails
A monitoring failure during a trial of labor can take several forms. In our work on birth injury cases, we see the same breakdowns repeatedly.
- The monitor was removed or paused, leaving a gap with no recording at the very moment trouble began.
- The signal was poor or kept dropping out, and no one corrected it or switched to a more reliable method.
- The monitor was running, but no one was watching the strip closely enough to catch a developing problem.
- A warning pattern appeared on the strip, but it was misread as normal or not concerning.
- A nurse recognized a warning pattern but did not escalate it to a physician quickly enough.
Each of these failures has the same effect. It blinds the team to the emergency, or delays the moment the team finally sees it. And during a uterine rupture, delay is the enemy. Every minute the baby’s oxygen supply is compromised, the risk of permanent injury grows.
The strip is the evidence
There is an important fact about fetal monitoring that families should know. The monitor strip is saved. It becomes part of the permanent medical record.
That means the same record used to manage your labor can later be reviewed to find out what happened. The strip shows the baby’s heart rate, the contraction pattern, and the times. A qualified expert can examine it and see when a warning sign first appeared. The nursing notes show when the team responded. Sometimes the strip even contains notes that are not in the medical record. By comparing the strip to the notes, it becomes possible to measure the gap between the moment trouble was visible and the moment anyone acted on it.Â
When that gap is long, and a healthy baby was harmed inside it, the strip often shows that the injury was preventable.
Frequently Asked Questions
In most cases, yes. The fetal monitor strip is part of the permanent medical record and is generally retained. A qualified expert can review it to see the baby’s heart rate and contraction pattern throughout your labor, and to identify when any warning sign first appeared. Obtaining the complete strip is one of the first steps we take, because it is often the single most important piece of evidence.
It can be checked by reviewing the strip itself. Reading a fetal monitor tracing is a skill, and reasonable, qualified experts examine the same strip and can identify patterns that a busy team may have missed in the moment. A hospital’s summary of what the monitor showed is not the same as the strip. We obtain the actual tracing and have it reviewed independently.
Pennsylvania sets time limits for filing a medical malpractice claim, and the rules differ for an injured child compared with an injured adult. Those deadlines are not something to estimate on your own. Records and monitor strips are also most complete when a case is reviewed sooner rather than later. A free, no-obligation conversation with our office can tell you where you stand.
How Lupetin & Unatin can help
At Lupetin & Unatin, we handle catastrophic birth injury and medical malpractice cases in Western Pennsylvania. Attorney Brendan Lupetin and attorney Greg Unatin keep the firm’s caseload small so that families work directly with a partner who knows the medicine and the record.
Our firm has recovered record verdicts and settlements in catastrophic injury and medical malpractice cases, and we bring that experience to every birth injury matter we take.
A monitoring case is built on the fetal monitor strips and the nursing notes, read together against the timeline. We obtain the complete record, including the strips, which a hospital does not always produce without a fight. We work with obstetricians, maternal-fetal medicine specialists, and nurses who are skilled at reading these tracings. If the warning system failed and your family was harmed because of it, we are prepared to show exactly how and when.
Talk to a Pittsburgh Birth Injury Attorney
If your baby or your family was harmed during a trial of labor after cesarean, the attorneys at Lupetin & Unatin, LLC are here to help you find answers. We offer free, confidential consultations, and we handle medical malpractice and birth injury cases on a contingent fee basis. You pay no attorney fee unless we recover compensation for you.
It is important not to delay. Pennsylvania law limits the time you have to file a claim.
