Has your child suffered a birth injury? Let us help you.
By PIeRCE | SKRABANEK
PUBLISHED ON:
September 24, 2024
UPDATED ON:
October 11, 2024
Signs and Symptoms of a Birth Injury
The birth of your child is seen by many to be a beautiful experience. Unfortunately, for some, it can turn into a nightmare due to concerns for their child’s wellbeing.
Ideally, expecting parents will have a competent, attentive medical team beside them to help navigate these complications. When they don’t, a Pierce Skrabanek birth injury lawyer will help you recover the compensation you need to support your child’s needs and hold the negligent parties accountable.
If your child has suffered a birth injury due to the negligence of a care provider, contact us today for a free case consultation or call us at (832) 690-7000 for more information.
What Are Birth Injury Signs?
Sometimes, birth injuries are very common and not always an indicator of physician or practitioner neglect. Most of us who have seen a newborn know that they may come out with some bumps and bruises from the natural process of birth.
The term birth injury refers to incidents that occur at birth. These can sometimes be anticipated and prevented, but it may be considered medical malpractice when a physician fails to diagnose a possible complication.
You may also notice concerning features or behaviors indicating a severe injury in the immediate minutes or hours following birth, such as:
Scrapes, contusions, or swelling on the baby’s face, head, or shoulder.
A "floppy" look suggesting reduced muscle tone.
A baby needing resuscitation (such as CPR or intubation) right after birth.
An infant not starting to breathe right away after delivery.
Seizures occurring within the first 48 hours after birth.
In some cases, injury may not be evident immediately but may be more pronounced in the following days and weeks.
Speaking with a medical misdiagnosis lawyer might shed light on your situation to determine if you are eligible.
Categories and Signs of a Birth Injury
According to the birth trauma study referenced above, researchers have categorized birth injuries into four categories. These are organized by the cause of the injury, not necessarily the type. These groups are:
Fetal anomalies.
Pregnancy-related injuries.
Maternal health-related injuries.
Iatrogenic reasons.
The causes of birth injuries vary. Superficial injury occurs in almost every birth, including mild swelling or bruising. However, carelessness or negligence may result in more lasting injuries.
Anoxic Brain Injury and Brain Damage at Birth Symptoms
An anoxic brain injury occurs when the baby’s brain is deprived of oxygen for too long, immediately before, during, or after delivery.
Oxygen deprivation from lack of blood flow to the brain may cause tissue damage or death. A baby’s lack of oxygen may happen for many reasons, including:
Stroke.
High blood pressure in the gestational parent.
Problems with the uterus or placenta.
Prolapsed umbilical cord.
Dystocia.
The signs of an anoxic brain injury depend on how long the child is without oxygen and the severity of the brain damage. Below are a few of the immediate signs of a baby that suffered brain damage:
Fussiness.
Crying.
Seizures.
Poor reflexes.
Odd movements.
However, other symptoms may begin to manifest once your child is older, such as:
Trouble understanding and showing emotions.
Delays in emotional, physical, or mental growth.
Difficulty finding the right words or mixing up similar ones.
Problems doing movements in the right order, like brushing teeth.
Acting impulsively or making poor choices.
Difficulty understanding logical reasoning.
Balance problems, like swaying or stumbling.
Weakness in arms and legs.
Movement issues that cause jerking or shaking.
Visual difficulties, like trouble recognizing colors, objects, or shapes.
Short-term memory problems.
Newborn Neck Injury Symptoms
Regarding birth injury, physical injuries are generally caused in situations where the birthing parent or baby needs help with delivery.
In situations where labor has stalled, doctors may try an assisted delivery using forceps or vacuum suction. These assisted delivery methods are generally seen as safe when used appropriately. However, negligence or mistakes may result in:
Skull fractures
Nerve damage
Other head and facial injuries
Oftentimes, a dent in the baby's head is a typical sign of a birth injury resulting from the negligent use of forceps.
Medication Error Birth Injuries
In some instances of birth injury, wrong doses of medications like Pitocin can cause contractions that are too intense and may cause problems like a ruptured uterus.
The sudden blood loss from the uterus may result in decreased blood and oxygen flow to the baby. While medications like Pitocin or forms of oxytocin can be perfectly safe when used appropriately, they can have devastating consequences if used incorrectly.
Also, while congenital issues like holes in the heart are not necessarily a birth injury, you still may be eligible for compensation if your child has birth defects or congenital disability from medication that was inappropriately prescribed during pregnancy, like Paxil.
If you or your child have been injured due to negligently or inappropriately prescribed medications, you may benefit from speaking with a Pierce Skrabanek medication error lawyer.
If you’re thinking about filing a lawsuit to get money to help your child with their special needs, Pierce Skrabanek understands how tough these birth injury cases can be.
Our team can work with your family to seek justice for your child and get you the support you need to give them a fulfilling life. Get in touch with us online or call (832) 690-7000 to learn how we can work toward building a better and brighter future for your child today.
Common Birth Injury Signs
The presentation of a birth injury is not always obvious. Sometimes, there may not be a clear indicator for months or even years until your child shows developmental delays. Some of the more common signs and symptoms of a birth injury may include:
Excessive fussiness
Back arching
Feeding difficulties
Seizures
Vomiting
Sensitivity to light
High pitched crying
Delayed gross motor skills
Poor muscle tone
Pallor or jaundice
Claw-like hand posture
Stiffness
Muscle spasms
The above symptoms may be indicative of many things that are or are not related to birth injury. If you observe any of these symptoms in your newborn or young infant, you may want to consult your doctor for further evaluation.
Important Milestones
As your child gets older, you may also notice a delay in meeting developmental milestones.
Some of the first milestones you may notice your child missing are gross and fine motor skills. When you consider your child’s progress, it is essential to remember that all babies and children progress at their own rate, and a delay in some milestones could be due to a number of reasons.
However, if you observe these delays along with the other symptoms mentioned above, you may want to discuss them with your doctor because these can be crucial birth injury signs.
2 Months
By two months, you should notice your baby beginning to move their hands and legs with some intention and open their hands. The CDC would also expect your baby to hold their head up while on their stomach.
4 Months
By four months, it would be expected that your baby will be able to hold their head up while you are holding them or hold a toy placed in their hand.
Your four-month-old may also try to swing their arms at a toy and push up onto their arms and forearms when lying on their belly. This may be a time that you notice asymmetry in their movements.
6 Months
At six months, most babies are using their hands to support themselves when they are sitting up and pushing up on straight arms when placed on their stomachs.
These milestones may be where you see your child struggle with consistent or even movement or have low muscle tone that makes it difficult.
Is your child missing these critical milestones? It could be evidence that they experienced a devastating birth injury that is hindering their development. As your child grows, you may notice more differences or areas where they are not quite gaining skills at the expected rate, and you should speak with your child’s doctor.
If a medical professional confirms your child’s condition stems from a birth injury, you may be eligible for financial support. The team at Pierce Skrabanek is here to walk you through your legal options. Contact us online or call (832) 690-7000 today.
Cerebral Palsy
Cerebral palsy is a cluster of neurological disorders that can affect:
Movement
Muscle tone
Coordination
This type of birth injury results when oxygen is cut off to the baby’s brain for too long.
Cerebral palsy varies greatly in its severity. Some of those who suffer may deal with mobility and coordination issues, while others may face significant developmental or cognitive delays.
Sadly, there is currently no cure for the disease.
Wrongful Death
In the most devastating situation where a birth injury is so severe that your child does not survive, you may want to explore your legal options to hold the medical team accountable.
The loss of a child is something no one should have to endure, and the pursuit of a wrongful death lawsuit may seem irrelevant when there is nothing that can bring your child back.
However, if you are eligible to file the claim, you may be able to recover funds that will provide the financial cushion necessary to grieve in a way most appropriate for you.
Call a Birth Injury Lawyer Today
Suppose you have any concerns that your child may have sustained an unnecessary, significant injury from birth trauma. Caring for a child with a disability can be incredibly challenging for a family, and it’s important to remember that you don’t have to face this journey alone.
A lawsuit could be your path to improving your child’s quality of life. Reach out to Pierce Skrabanek today online or by calling (832) 690-7000 to learn how our birth injury attorneys can help you take legal action.
Related Resources
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