For some parents, the first days and weeks after welcoming a newborn into the world can bring uncertainty when they notice unusual symptoms or health concerns in their child. While some issues are harmless or temporary, others may be early indicators of a birth injury. Recognizing these signs and understanding what they could mean is crucial, especially in cases where the harm of a birth injury can be mitigated with prompt and proper care.
Common Warning Signs of Birth Injuries
Birth injuries can appear in many different ways. Some symptoms are apparent immediately after birth, while others become noticeable as a child grows and misses developmental milestones. As a new parent, you’ll need to be on watch for multiple types of symptoms.
Physical Signs
- Muscle tone issues: A baby who seems unusually stiff or limp may be showing signs of neurological or muscular injury.
- Seizures or tremors: Unexplained seizures in a newborn often suggest oxygen deprivation or head trauma during delivery.
- Reflex difficulties: Trouble sucking, swallowing, or grasping can point to nerve or brain-related complications.
- Limited movement: If a child favors one side of the body or cannot move an arm, it may indicate nerve damage such as brachial plexus injury.
Developmental and Behavioral Signs
- Excessive irritability: Constant fussiness or inconsolable crying can sometimes be linked to underlying injury.
- Delayed milestones: Missing expected developmental stages, like rolling over, crawling, or walking, may reveal neurological complications.
- Speech delays: Language difficulties can also be tied to birth-related brain injuries.
Medical Observations
- Oxygen deprivation: Low oxygen levels during or after birth are a known risk factor for cerebral palsy and related conditions.
- Extended NICU stay: A long hospital stay may signal that complications occurred during delivery.
- Diagnosed conditions: Cerebral palsy, brachial plexus injuries, or other conditions may stem from preventable medical mistakes.
How Birth Injuries Can Happen
Not all birth complications are preventable, but many are directly tied to medical mistakes during pregnancy, labor, or delivery. If a child is born with an injury or health complication, it is always worth questioning how it happened and whether it could have been avoided with better care.
Birth injuries can happen when:
- Delivery tools like forceps or vacuum extractors are used improperly.
- Medical staff fail to monitor fetal distress, such as irregular heart rates.
- C-sections are delayed when emergency delivery is necessary.
- Conditions like maternal infections, preeclampsia, or gestational diabetes are mismanaged.
When a Medical Provider May Be Liable
Doctors, nurses, and hospitals have a legal and ethical responsibility to provide care that meets accepted medical standards. When that duty of care is breached, and the mistake directly causes harm to a newborn, the provider may be legally responsible for any losses that occur as a result.
Establishing liability typically involves proving four elements:
- Duty – The medical team had a responsibility to care for the mother and child.
- Breach – The provider acted negligently or failed to follow proper medical standards.
- Causation – The breach led directly to the child’s injury.
- Damages – The injury caused verifiable economic and non-economic damages.
Key forms of evidence that may help prove a medical provider’s liability include:
- Medical records: Delivery notes, fetal monitoring strips, and NICU charts provide a detailed picture of events.
- Expert testimony: Independent medical professionals can explain whether the standard of care was met.
- Witness accounts: Nurses, staff, or family members may provide critical observations.
- Ongoing treatment documentation: Therapy records and evaluations help demonstrate the long-term impact of the injury.
Exploring Legal Options After a Birth Injury
Parents who suspect that medical negligence contributed to their child’s birth injury may consider pursuing a legal claim. Through successful legal action, compensation for the family and justice for the child can be achieved.
If compensation is secured in a birth injury claim, it could provide the child and family with:
- Medical care: Covering hospital bills, specialist appointments, and therapies.
- Long-term needs: Securing resources for adaptive equipment, home modifications, and future care.
- Financial stability: Offsetting the lifelong financial burden that a preventable birth injury may create.
An experienced birth injury attorney can review medical records, consult third-party medical experts, and prepare a case to determine whether legal action is appropriate. For parents, having a trusted lawyer handle things helps remove stress and uncertainty from an otherwise very nerve-wracking time.
Turn to the Birth Injury Lawyers Rhode Island Trusts
If you are noticing troubling signs in your child’s development, it is natural to feel overwhelmed and uncertain. While some health issues may improve over time, others may be linked to preventable medical mistakes that caused a permanent or severe birth injury. Exploring your options with a knowledgeable attorney can help you better understand what happened and what steps to take next.
For families in Rhode Island, Decof, Mega & Quinn, P.C. has extensive experience handling birth injury cases with both skill and compassion. If you believe your child may have suffered a preventable birth injury, contact our law office to schedule a confidential and free consultation and learn more about how we may be able to help.
Want to speak with a member of our firm directly? Call (401) 200-4059 at any time.