5 Things to Do if You Suspect a Birth Injury

The birth of your child should be one of the most joyful moments of your life. But when something goes wrong during labor or delivery, that joy can quickly turn to fear and confusion. If you suspect that you or your baby has suffered a birth injury, knowing what steps to take immediately can protect your child’s health and preserve your legal rights.

Before we discuss what you should do, it’s important to understand what constitutes a birth injury.

“Birth injuries are injuries that occur to either the infant or mother as a result of trauma during labor and childbirth,” Wilt Injury Lawyers explains. “Although complications do happen during childbirth, some birth injuries are completely preventable and occur as a result of medical malpractice.”

You might notice signs of a birth injury immediately, such as bruising, fractures, or nerve damage. Other injuries, like cerebral palsy or developmental delays, may not become apparent until months or even years later.

Some common birth injuries include brachial plexus injuries affecting your baby’s arm movement, facial nerve damage, brain injuries from oxygen deprivation, and spinal cord damage. The birth mother might also experience injuries during delivery, including severe tearing, hemorrhaging, infections, etc.

The key distinction you need to understand is between unavoidable complications and preventable injuries caused by negligence. When medical professionals fail to monitor fetal distress, delay necessary interventions, improperly use delivery instruments, or ignore warning signs, the resulting injuries may constitute medical malpractice.

While it can be difficult to know for certain what you should be looking for, don’t be afraid to take action quickly. Here are some steps you can take:

Your first and most critical step is ensuring that you and your baby receive proper medical attention. If you’re still in the hospital and notice concerning symptoms, speak up immediately. Don’t worry about seeming demanding or overreacting. You know something is wrong, and your baby’s health depends on fast intervention.

Request that healthcare providers document any injuries, symptoms, or complications you’re observing. Ask questions about what happened during delivery and why your baby is experiencing these problems.

If you’ve already been discharged and notice problems later, don’t hesitate to return to the hospital or visit your pediatrician right away. Developmental delays, feeding difficulties, seizures, or abnormal muscle tone could all indicate birth injuries that require immediate evaluation. Early intervention can make a huge difference in your child’s long-term outcomes.

Once your immediate medical needs are addressed, start documenting everything related to the birth and any injuries. Your memory of events will fade over time, and detailed records will be crucial if you decide to pursue legal action.

Request complete copies of all medical records from your pregnancy, labor, delivery, and postpartum care. You’re entitled to these records, and hospitals must provide them to you. Don’t just accept a summary – you want the complete chart, including fetal monitoring strips, nursing notes, and any incident reports.

In today’s world, your natural instinct might be to share your experience on social media or in online parent groups. However, you need to resist this urge if you’re considering legal action. Anything you post publicly can potentially be used against you in court.

Insurance companies and defense attorneys will search your social media profiles looking for statements they can use to undermine your claim. An innocent photo of your baby smiling might be used to suggest their injuries aren’t as severe as you claim.

This doesn’t mean you should isolate yourself completely. You can and should talk to close family members and friends for emotional support. Just be mindful about what you share and with whom, and avoid posting anything about your case online.

Birth injury cases are some of the most complex types of medical malpractice claims. You’re not equipped to navigate this process alone, and you shouldn’t have to try. Consulting with an attorney who specializes in birth injuries can help you understand your options and protect your rights.

Most birth injury attorneys offer free initial consultations and work on a contingency fee basis, meaning you won’t pay anything unless they recover compensation for you. During your consultation, the attorney will review your medical records, evaluate the strength of your case, and explain the legal process.

Focusing on Your Baby’s Future

While pursuing justice is important, your primary focus should remain on your child’s health and development. Work closely with your medical team to create a comprehensive treatment plan. Your baby may benefit from physical therapy or other interventions that can improve their outcomes.

Remember that holding negligent medical professionals accountable isn’t just about compensation – it’s about preventing other families from experiencing the same trauma. You owe it to yourself, your baby, and others to take action.

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