Discovering your child may have suffered a birth injury during childbirth, or right after birth, can feel devastating and overwhelming. Some injuries are minor and won’t require long-term care, while others may cause permanent harm.
We will share signs that indicate your child may be suffering from a birth injury, how to watch for symptoms that may appear later, and if your child’s injury might qualify as a medical malpractice claim.
During an already challenging time, it may seem difficult to find the energy to take legal action. But you and your family deserve compensation for the suffering you have endured, and the right attorney will offer support and compassion.
Most common signs and symptoms of a birth injury
When a woman is pregnant, any possible congenital birth defects, disabilities, or developmental issues their baby may have, should be identified to them prior to birth. These discoveries come from bloodwork, ultrasounds, and other examinations. Birth defects do not usually come as a surprise.
With that being said, if your baby is unexpectedly born with an injury or disability you were unaware of, this is an indication that a birth injury may have occurred. The baby’s overall appearance and condition right after birth may indicate a possible injury, but sometimes symptoms don’t appear until months or years later.
Common signs of birth injury include the following:
- External and physical damage such as cuts, bruises, or broken bones
- Nerve injuries resulting in Erb’s palsy (total or partial arm paralysis) and Klumpke’s palsy (forearm, wrist, and hand paralysis)
- Brain injuries resulting in cerebral palsy (disability affecting body movement, muscle tone, and posture)
Sometimes birth injuries can occur due to environmental factors that medical professionals could not control, but often they are caused by error or negligence.
Negligence that can occur during birth includes the following:
- Incorrect use of forceps or vacuum extractors
- Delay in emergency C-section
- Prenatal diagnostic mistakes
When complications that occur during pregnancy are not properly diagnosed, they often result in birth injuries. It is the medical professionals’ responsibility to discover these complications and help you manage them.
If you notice any of these signs or symptoms after birth, bring them to your doctor’s attention immediately for treatment. If you discover something happened due to an injury they caused or due to neglect, you may need to move forward with legal action.
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Working with an attorney and medical expert can help you determine whether your child’s injury was a result of harm or negligence that occurred before, during, or after birth.
Signs of birth injury that may appear later
Some signs and symptoms of injury appear months or years later. The child may miss certain developmental milestones or experience behavioral challenges.
Other signs that may appear later include the following:
- Vision and hearing problems
- Uncontrollable movements
- Balance and coordination problems
- Difficulties with fine motor skills
- Missing milestones such as crawling, walking, or speaking
After birth, a thorough physical examination of the baby should have taken place to identify injuries and differentiate them from congenital birth defects. If time has passed and these symptoms have gone unnoticed by medical professionals, they likely should be held responsible.
Do I have a case?
Is birth injury a medical malpractice claim?
A birth injury can certainly qualify as medical malpractice. If a doctor or other medical professional caused a birth injury that was preventable by taking certain actions or neglecting to take actions, you likely have a valid medical malpractice case.
Treatment can help your child, especially when it’s provided as soon as possible. But many children will live with the symptoms of their birth injury for the rest of their lives. If negligence led to delays in treatment, this could also impact the recovery of your child.
That’s why it’s important to take legal action to compensate for current and future treatment costs for your child. The first step toward suing for medical malpractice is finding the right attorney for your potential case, with specific experience and success in birth injuries.
How Grover Lewis Johnson can help you
You deserve justice for your child. When it comes to medical malpractice cases, it’s important to find a compassionate, fearless attorney who will fight tirelessly for your family. The Medical Malpractice Team at Grover Lewis Johnson is backed by 25 years of experience and a mission rooted in compassion.
We are genuinely interested in you. When you work with us, you have our full attention. We listen, we understand your objectives, and we work to continually exceed your expectations.
Using thorough research and honest recommendations, we will build a case to get you the results you desire. Nothing will take away the pain you’ve experienced, but we will stand beside you to get you the compensation you deserve.
When you work with us, you don’t pay any fees until we win your case. Call us today to schedule a free consultation with our Medical Malpractice Team and discover if you have a case.