Birth injuries can be incredibly tough for parents, causing lasting physical, emotional, and financial challenges. While some birth injuries happen naturally, others may be the result of medical mistakes. Recognizing the signs of medical negligence is important to getting the care your child needs and ensuring that healthcare providers are held accountable.
5 Common Signs That Your Child’s Birth Injury May Be Due to Medical Negligence
While not every birth injury is caused by medical negligence, there are signs that might suggest a mistake was made during labor or delivery. Here are five common signs to watch for if you suspect your child’s injury may be due to negligence:
Sign 1: Delayed or Improper Medical Response
During labor and delivery, healthcare providers must be vigilant in monitoring both the mother and baby. A failure to recognize and address warning signs such as:
- Fetal distress
- Prolonged labor
- Irregular heart rates
- Reduced fetal movements during labor
- Signs of infection in the mother or baby
- Excessive bleeding during labor or delivery
- Abnormal fetal positioning, like breech presentation
For example, conditions like hypoxia (lack of oxygen) may go unnoticed, causing brain damage or cerebral palsy. Delayed responses during a C-section or failure to act on warning indicators can severely impact the child’s health and development.
Sign 2: Incorrect Use of Medical Tools or Techniques
Medical tools and techniques are essential for safe childbirth, but misuse or overuse can lead to devastating consequences. Forceps, vacuum extractors, and improper cesarean sections are examples of tools that, if used incorrectly, can cause serious injuries. These may include:
- Skull fractures
- Internal trauma
- Brachial plexus injuries
Incorrect techniques can result in long-term complications, such as:
- Nerve damage
- Developmental delays
- Chronic pain that may have been avoided with proper care.
Sign 3: Failure to Monitor or Act During Labor and Delivery
Healthcare providers have a duty to ensure that both the mother and baby are stable throughout the birthing process. When fetal distress goes unrecognized or if there is a lack of timely intervention for conditions such as uterine rupture or umbilical cord complications, it can result in significant injuries. Medical negligence in this area often leads to irreversible damage, requiring immediate legal consultation.
Sign 4: Persistent Symptoms and Complications Post-Birth
If your child is showing ongoing health problems, it might be a sign that something went wrong during delivery. Conditions like cerebral palsy or chronic injuries could point to mistakes made by the medical team. A thorough medical evaluation by specialists is a must to identify if negligence is the root cause of persistent health concerns.
Sign 5: Poor Communication or Lack of Informed Consent
Doctors are supposed to explain any risks or procedures to you clearly and get your consent before taking action. If they didn’t tell you about potential complications or didn’t explain your options, it could be a sign of negligence. Miscommunication often leads to preventable mistakes that could have been avoided with better communication.
When You Should Consider Filing a Birth Injury Lawsuit
You should file a birth injury lawsuit when you suspect medical negligence caused your child’s injuries. It’s important to act quickly, as these cases are bound by specific time limits known as statutes of limitations, which vary by state.
In Baltimore, the statute of limitations is five years from when the injury occurred or three years from when the injury was discovered, whichever comes first. Acting promptly ensures you don’t miss the window to seek justice for your child and your family.
You should consider filing a lawsuit if your child’s injury has resulted in:
- Ongoing medical expenses
- Developmental challenges
- The emotional and financial strain on your family
Consulting an experienced Baltimore birth injury lawyer can help you understand your options, figure out if you have a strong case, and decide the best way to get the justice and compensation your family deserves.
Conclusion
Being aware of the signs of medical negligence during childbirth is important for ensuring your child gets the care they deserve. If these signs are present, seeking legal help can give you the guidance needed to protect your family’s rights. Holding those responsible accountable can lead to the compensation and resources necessary to support your child’s health and future.
