The birth of your child is supposed to be one of the most profound moments in life. However, when something goes wrong, and a baby suffers a birth injury, families often have many questions with few answers.
Was it an unfortunate outcome, or could it have been prevented? At times, birth injuries are inevitable. However, in others, the injury may be a result of medical negligence. Below, we help you understand what qualifies as a preventable birth injury and how you can advocate for accountability and long-term support.
What Is Birth-Related Medical Negligence?
Birth-related medical negligence happens when a healthcare provider fails to uphold the accepted standard of care during labor, delivery, or shortly afterward. These inefficiencies result in preventable harm to the baby or the mother.
For example, failing to monitor a baby’s heartbeat can prevent doctors from catching fetal distress in time. It can lead to oxygen deprivation and lasting brain injury. Similarly, if the doctor waits too long to perform a necessary C-section or misuses delivery tools like forceps or a vacuum extractor, they can physically injure the baby or cause trauma to the mother.
Negligence doesn’t always stop after delivery. Once the baby is born, the healthcare staff needs to provide them with vigilant care. They must monitor the newborn for issues like endocrine problems or respiratory stress.
If they notice complications, they must act quickly. Likewise, if the mother is suffering from internal bleeding or tears, she needs immediate attention. If these red flags are missed or ignored, the consequences may be life-altering or fatal.
Signs a Birth Injury May Be Linked to Medical Negligence
Not every birth injury is a result of medical negligence, but some carry clear signs that something went wrong when it shouldn’t have. An important indicator is a delay in diagnosing or explaining the baby’s condition. If your newborn is rushed to the NICU without clear communication, or you’re told that these things just happen without further investigation, that’s a sign. Some other signs include:
- Unexplained bruising or fractures following delivery
- Poor muscle tone or trouble feeding (signs of neurological injury)
- Seizures or difficulty breathing
- Statements from the staff suggesting confusion
Another serious condition is intraventricular hemorrhage, which is most common in premature infants. A study found that IVH is prevalent in 36% of newborns born between 22 and 28 weeks of gestation. The risk decreases with a longer gestational age. The condition, which results in bleeding into the brain’s ventricular system, may be caused by negligence if proper delivery instruments were not used or the doctors did not recognize fetal distress in time.
Rough handling of a preterm baby or delayed diagnosis despite signs of neurological distress can also cause traumatic brain injuries. In severe cases, long-term consequences of intraventricular hemorrhage include developmental delays, cerebral palsy, and hydrocephalus.
In addition to medical shortcomings, parents may also feel like their instincts are being dismissed. If you raised a concern during labor and the staff ignored you without proper checks, this could account for negligence.
What You Can Do If You Suspect Medical Negligence
If something doesn’t sit right after your child’s birth, trust your instinct. As a parent, you have the right to seek accountability and justice. Here’s how to go about it.
Request Medical Records
You’ll need facts if you want to win a medical malpractice case. Request a full copy of your medical records, including labor and delivery notes, fetal monitoring strips, neonatal assessments, and imaging reports. Hospitals are legally required to provide them, so you don’t need a lawyer to ask.
Consult With a Birth Injury Attorney
Look for a birth injury attorney who can work with medical experts to review your records and identify signs of negligence. These attorneys are different from personal injury lawyers and mainly focus on medical malpractice rather than regular injuries. Many of these lawyers offer free consultations. Some reputable firms also work on a contingency basis, which means that they only get paid if you win.
Document Everything You Remember
Since you were there at the time of birth, you know what happened. Write down everything you saw or heard. Include the names of doctors and nurses, in addition to things that stood out or fell off. These firsthand accounts, coupled with medical records, can be very helpful in your case.
Advocate for Yourself
Families who take action find closure and become the drivers of change in healthcare. When you speak up, you may prevent future harm to others and push the medical system toward better standards. Don’t be afraid to ask questions and advocate for yourself and your child.
Endnote
Birth injuries can leave you feeling overwhelmed and heartbroken. However, you have the right to know what happened and to take meaningful steps if your child’s injury could have been prevented. Keep in mind that you are your child’s most powerful advocate. The more informed you are, the stronger your voice becomes. So, look out for signs of negligence, and if you need extra assistance, seek legal counsel.
