Birth complications happen. And not every one is the result of a medical error. But certain outcomes, particularly after an otherwise healthy pregnancy, can signal that something went wrong in the delivery room.
Recognizing certain birth injury signs can help you know whether legal action is warranted. If your child showed any of the following warning signs after delivery, a Houston birth injury attorney at Hampton & King can review your case and determine whether malpractice may have occurred.
Signs Immediately After Birth
Some red flags of a delivery error are visible immediately or within the first hours after birth. Significant bruising, swelling, or lacerations on the baby’s head or body are one of the most common (especially those with forceps or vacuum extractor use).
Other signs include:
- Limp arm movement, which may indicate a brachial plexus injury caused by excessive traction during delivery
- Seizures within the first 24 to 48 hours of life
- Difficulty breathing (usually indicated by low Apgar scores at birth)
- Abnormal muscle tone, where the baby appears unusually stiff or unusually floppy
- A bulging or tight fontanelle, which may suggest increased intracranial pressure
If you notice any of these symptoms, you should report them to medical staff right away. If they persist after additional medical care, you should consider consulting an attorney to evaluate whether your child experienced malpractice.
Signs That Emerge in the Days and Weeks After Birth
Other warning signs take longer to surface but may be based on events during labor and delivery. These include:
- Difficulty feeding or an inability to latch
- Excessive irritability
- High-pitched crying
- Abnormal eye movements
- Lack of visual tracking
- Failure to meet early developmental milestones
The most serious sign of a birth injury includes a diagnosis of hypoxic-ischemic encephalopathy (HIE), cerebral palsy, or seizure disorder in the weeks or months following birth.
Establishing Medical Negligence
Ultimately, medical providers are liable for a birth injury if they failed to adhere to accepted medical standards during the labor and delivery process. The records leading up to and during labor can shed light on whether a provider offered substandard care.
Important records demonstrating negligence include:
- Fetal heart rate tracings showing signs of distress that went unaddressed
- Delayed decision to perform a cesarean section despite signs of complications
- Improper use of Pitocin
- Failure to diagnose or respond to umbilical cord complications
- Incomplete or missing documentation during critical periods of labor
Expert medical analysis may ultimately be needed to determine whether your provider committed medical malpractice.
When Should You Contact a Birth Injury Attorney?
If your child was diagnosed with a brain injury, nerve damage, or developmental condition after a difficult delivery, the condition may be connected to decisions made in the labor and delivery room.
An experienced medical malpractice attorney, in consultation with medical specialists, can help you identify whether your provider deviated from defined care standards and uncover what the team should have done to address warning signs or complications. Contact Hampton & King for a free consultation to find out whether your child’s injury was preventable.