If your child suffers a birth injury, they’ll display noticeable symptoms. Common signs that a birth injury was caused by medical negligence include complications during delivery, unexpected injuries or illness, feeding difficulties, and delayed developmental milestones.
If you notice any of these signs in your infant, you have the right to take legal action. A Fort Lauderdale birth injury lawyer can help you file a claim and get justice for your child.
What are the Signs That a Birth Injury Was Caused by Medical Negligence?
Birth injuries can sometimes result from preventable mistakes during labor and delivery. Paying attention to warning signs—both physical and behavioral—can help parents identify potential negligence. Key indicators to watch for include:
Delayed or Difficult Delivery
When labor does not progress as expected, both the mother and baby face serious risks. Warning signs can include sudden distress, excessive bleeding, or changes in the mother’s condition.
These complications often stem from poor monitoring, improper management, or slow response times during delivery. Failure to intervene quickly can lead to injuries such as nerve damage, fractures, or brain trauma.
Lack of Oxygen or Distress During Labor
If your baby shows signs of distress, medical staff must act quickly to prevent oxygen deprivation and lasting injury. A fetal heart rate that is too slow, too fast, or suddenly fluctuates can signal trouble, and a delayed response can cause lasting injury.
If your child’s doctors wait too long to provide oxygen or perform a C-section, you may be able to hold them liable for any resulting birth injuries.
Unexpected Physical Injuries
It can be alarming to see bruises, swelling, or marks on your baby right after delivery. Some of these injuries are normal, but others may signal rough handling or misuse of delivery tools.
If you notice marks shaped like forceps, abnormal swelling, or unexplained fractures, insist on a detailed examination and request full documentation. Proper records can help determine whether the injury was preventable and if negligence played a role.
Signs of Infection or Unexplained Illness After Birth
After your child’s delivery, watch for warning signs such as fever, lethargy, feeding difficulties, or unusual skin color, as these may indicate infection or complications from birth. If you notice any of these symptoms in your child, it may be evidence of a birth injury caused by negligence.
Delayed Developmental Milestones
If your child is slow to reach milestones like crawling, sitting, or talking, it may indicate an undiagnosed birth injury. Developmental delays are sometimes linked to oxygen deprivation or trauma during delivery.
Discuss any concerns you have with your pediatrician and, if necessary, request developmental assessments. Early intervention programs can improve outcomes, and keeping records of your child’s progress can help determine whether medical negligence contributed to their condition.
Medical Records Showing Substandard Care
Medical records are vital when investigating medical negligence. They detail every decision, procedure, and response during labor. As such, they can reveal where the standard of care was not met, such as delayed responses, incomplete monitoring, or missing documentation.
Comparing your child’s care to accepted guidelines can clarify whether mistakes occurred. Significant deviations may indicate substandard care and form the basis of a legal claim.
Evasive or Inconsistent Communication from Medical Staff
If medical staff become evasive, defensive, or inconsistent in their communication after your baby’s birth, take note. Doctors and nurses should communicate openly about your child’s condition. Avoidance or incomplete explanations may be evidence that malpractice occurred.
How Do You Prove Liability in a Birth Injury Case?
Proving liability in a birth injury case requires showing that the medical team failed to provide the standard of care and that that failure directly caused your child’s injury. Our lawyers can help by:
- Reviewing medical records: Detailed records can reveal delays, mistakes, or deviations from standard protocols during labor and delivery.
- Obtaining expert opinions: Medical experts can analyze the care provided and determine whether it fell below accepted standards.
- Documenting injuries and outcomes: Keeping thorough records of your child’s condition, treatments, and developmental progress helps establish a clear connection between the injury and the medical mistake.
- Demonstrating causation: You must show that the injury was not just coincidental but was directly caused by the negligence of the healthcare provider.
What to Do if a Birth Injury Was Caused by a Medical Mistake
If you suspect that your child’s injury resulted from a medical mistake, you should:
- Seek immediate medical care: Ensure your child receives proper treatment to address any injuries or complications.
- Document everything: Record all symptoms, treatments, communications with medical staff, and any other unusual observations about your child’s health.
- Request complete medical records: Obtain all documents related to labor, delivery, and neonatal care.
- Consult a birth injury lawyer: Our attorneys can review your case, investigate your child’s injury, and guide you through the claims process.
Get Help from Our Birth Injury Lawyers
If you believe your baby’s injury was caused by negligence, you need legal representation. A birth injury lawyer from Anidjar & Levine can take on your case and help you pursue compensation for medical expenses, ongoing therapy, and other damages related to the injury.
The sooner you take action, the better your odds will be of a successful birth injury case. Schedule a free consultation to find out how you can get justice for your child.
We Can Help.