Serving The Injured In New York And Pennsylvania

How can parents know if a birth injury is negligence?

On Behalf of | Oct 4, 2024 | Birth Injuries

Birth injuries are an overwhelming experience for families. Unfortunately, it is often also difficult to know whether the injury was the result of medical negligence. However, recognizing when a birth injury might have been caused by improper care is crucial for parents who want to seek justice.

Unusual symptoms in the baby

While not all birth injuries are due to medical negligence, there are some common signs that may raise red flags. If your newborn has trouble breathing, experiences seizures or shows excessive irritability, these could be signs of a serious birth injury. Additionally, physical abnormalities or difficulty feeding may indicate complications during delivery.

If your child is not reaching developmental milestones, such as crawling, sitting up or talking, it could point to an underlying birth injury. Monitoring these delays is critical as they can sometimes indicate long-term damage.

Reviewing your medical records can help identify if there were complications during labor, such as prolonged labor or the use of forceps or vacuum extraction. These interventions, while common, can sometimes cause birth injuries if not managed properly.

What to do if you suspect negligence

If you suspect your child’s birth injury may have been caused by medical negligence, there are a few important steps you can take. First, consult a medical professional who specializes in pediatric care to assess the extent of the injury and its cause. A detailed evaluation can provide insight into whether the injury could have been avoided.

Sometimes, consulting with a second medical provider or specialized medical expert who has experience in birth injury cases can help clarify whether your healthcare provider met the standard of care. A medical expert can review your case and give their opinion on whether negligence occurred.

Document everything from the moment you notice something is wrong. This includes medical visits, communications with healthcare providers and your child’s symptoms. Detailed records can be invaluable if you decide to pursue legal action.

Understanding medical negligence

Medical negligence occurs when a healthcare provider fails to provide the level of care that is expected under similar circumstances. In birth injury cases, negligence can take many forms, such as failing to monitor the mother and baby, responding too slowly to signs of distress or improperly using delivery instruments, like forceps or vacuum extractors. By recognizing the potential signs of negligence and taking appropriate steps, parents can better understand their child’s situation and take action to secure the care and support their child’s needs.