Birth injuries can show up immediately after delivery or months later as developmental delays. Some signs—such as seizures, difficulty breathing, or muscle weakness—may be visible right away, while others like missed milestones, abnormal tone, or feeding challenges only become clear as your child grows. Knowing what to look for can help you seek timely medical evaluation and determine whether your child’s injury may be linked to medical negligence.
Understanding Birth Injuries
A birth injury occurs when a baby suffers harm before, during, or just after delivery. These injuries differ from birth defects, which develop during pregnancy due to genetic or developmental factors. Birth injuries are often linked to complications in labor or delivery, including oxygen deprivation, prolonged labor, or mechanical trauma from tools like forceps or vacuums.
While not every poor outcome signals malpractice, certain facts raise questions about whether proper medical standards were followed. Families noticing early warning signs often consult medical professionals first, then seek legal guidance if negligence is suspected.
Early Signs in the First Hours or Days
Some red flags appear right after birth. Hospitals typically use the Apgar score at one and five minutes to assess a newborn’s breathing, heart rate, reflexes, muscle tone, and color. A persistently low score may suggest complications, though by itself it does not prove a birth injury.
Warning signs parents may notice include:
- Difficulty breathing or a weak cry requiring resuscitation
- Seizure-like activity (twitching, jerking, or unusual eye movements)
- Limp or floppy muscles (hypotonia) or extreme stiffness (hypertonia)
- Feeding difficulties or weak sucking reflex
- Persistent jaundice with lethargy or a high-pitched cry
- Weakness in an arm or shoulder, especially after a difficult delivery (possible Erb’s palsy)
If your baby experiences these symptoms, doctors may order tests like brain imaging, EEGs, or blood work to evaluate possible causes.
Later Signs in the First Year and Beyond
Other indicators may only emerge as your child grows and milestones are tracked. Pediatricians often use developmental checklists to determine if a child is progressing normally.
Key milestones to monitor:
- Rolling, sitting, crawling, or walking delays that persist beyond typical ranges
- Stiff or scissoring legs, unusual posture, or persistent clenching of fists
- Early hand preference (before 18 months), which may signal weakness on one side
- Feeding or speech challenges, such as ongoing drooling, poor swallowing, or delayed babbling
- Persistent primitive reflexes (like the startle reflex) beyond expected ages
These signs can point to conditions such as cerebral palsy, which often stems from oxygen deprivation or trauma during delivery. If milestones are repeatedly missed, pediatricians may recommend evaluations by neurologists or early intervention specialists.
Common Birth Injuries and Their Signs
Birth injuries can take many forms. Some of the most recognized conditions include:
Hypoxic-Ischemic Encephalopathy (HIE)
A brain injury caused by oxygen deprivation. Signs may include seizures, breathing issues, poor tone, or abnormal reflexes in the hours after delivery.
Cerebral Palsy (CP)
A lifelong motor disorder often diagnosed between 1–3 years of age. Early indicators are motor delays, abnormal tone, and persistent movement difficulties.
Brachial Plexus Injuries (Including Erb’s Palsy)
Damage to the nerves controlling the arm and shoulder. Signs include weakness or lack of movement in one arm, often visible soon after birth.
Kernicterus
A preventable condition caused by severe jaundice and high bilirubin levels. Symptoms may include extreme sleepiness, high-pitched crying, or poor muscle control.
Each of these conditions can profoundly affect a child’s development, requiring long-term therapies, surgeries, or supportive care.
How Birth Injury Cases Are Evaluated Legally
From a legal standpoint, a potential birth injury lawsuit often falls under medical malpractice law. To succeed, four elements generally must be proven:
- Duty of care: The healthcare provider owed a professional duty to the patient.
- Breach of duty: The provider failed to meet accepted medical standards.
- Causation: The provider’s actions (or inactions) caused the injury.
- Damages: The child and family suffered measurable harm—physical, emotional, or financial.
Medical experts play a central role in establishing whether the standard of care was breached. Evidence often reviewed includes prenatal charts, fetal monitoring strips, delivery notes, NICU records, and developmental assessments.
State Laws and Deadlines (Statutes of Limitations)
Each state has its own statute of limitations for medical malpractice cases, often with special rules for minors. Some states allow extra time to file claims involving children, while others impose strict deadlines known as statutes of repose.
These deadlines are critical. Missing them can permanently bar a family from filing a claim—even if evidence later shows malpractice. Because timelines vary, it is important for families to seek guidance quickly to protect their rights.
Practical Steps for Families
Even before speaking with a lawyer, families can take proactive steps to safeguard their child’s health and preserve evidence:
- Track symptoms and milestones: Use a journal or milestone tracker app to note delays, unusual behaviors, or episodes like seizures.
- Request complete records: Ask for prenatal, delivery, NICU, and pediatric records. These often provide crucial details in potential claims.
- Pursue early intervention services: Many states offer free or subsidized early-intervention programs for children with delays.
- Seek second opinions: If you suspect your child’s condition isn’t improving, consult a pediatric neurologist or developmental specialist.
These steps not only support your child’s development but also create a detailed record that may be useful if a legal claim is later pursued.
Why Families Turn to Birth Injury Lawyers
Birth injury cases are some of the most complex medical malpractice claims. Families often face staggering medical bills, therapy costs, and lifelong care needs. A successful claim may secure compensation for:
- Medical expenses (past, present, and future)
- Specialized therapies and adaptive equipment
- Pain and suffering
- Lost earning capacity or future care needs
At Kahn Law Firm, we understand both the medical and legal complexities of these cases. Our team investigates details and works with experts to determine if negligence played a role to help families pursue the justice and resources they need.
When to Seek Legal Help
If your child is showing symptoms of a birth injury, your first step should always be medical: talk with your pediatrician about testing, referrals, and early interventions. Once your child’s health is being addressed, many families also find it helpful to consult a legal professional. Even if you’re not sure whether malpractice occurred, a lawyer can review the records and explain your options.
To connect with our team directly, visit our contact page or call us at 843-920-5690.
Conclusion
Recognizing the signs of a birth injury is critical. From immediate symptoms like seizures or poor muscle tone to later concerns like missed developmental milestones, parents are often the first to notice something is wrong. While not every complication is caused by negligence, families have the right to understand what happened and whether their child’s injuries could have been prevented.
At Kahn Law Firm, we stand with parents navigating these difficult questions. With deep experience in personal injury and birth injury law, we are here to help families uncover the truth, protect their rights, and secure the resources needed for their child’s future. If you believe your child may have suffered a preventable birth injury, call us today at 843-920-5690.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.