Although not every birth complication is the result of negligence, the unfortunate truth is that many are. If your baby was harmed during labor or delivery, you may be left wondering whether it could have been avoided. Knowing the warning signs of a preventable birth injury is the first step toward understanding your family’s legal options.
What Makes a Birth Injury “Preventable”?
A birth injury is considered preventable when it results from a medical professional failing to meet the accepted standard of care. This includes errors made before, during, or shortly after delivery. Common causes include failure to monitor fetal distress, delayed decisions about performing a cesarean section, improper use of delivery instruments such as forceps or vacuum extractors, and inadequate response to maternal or fetal complications.
Warning Signs to Watch For
Some signs of a preventable birth injury are visible immediately. Others may only become apparent as your child grows and misses developmental milestones. Signs that may indicate a preventable injury include:
- Low Apgar scores at birth, indicating the baby was in distress.
- Seizures or abnormal muscle tone in the newborn period.
- Difficulty feeding, breathing, or regulating body temperature.
- Bruising, swelling, or fractures with no clear explanation.
- A diagnosis of cerebral palsy, Erb’s palsy, or hypoxic-ischemic encephalopathy (HIE).
- Developmental delays in motor skills, speech, or cognitive function.
- Prolonged NICU stay without a clear medical explanation.
Red Flags in How Your Delivery Was Managed
Beyond your baby’s condition, the circumstances of the delivery itself can reveal important clues. Consider whether any of the following occurred:
- Medical staff seemed rushed, disorganized, or failed to respond promptly to alarms.
- Fetal heart rate monitoring was not used, or concerns were dismissed.
- A C-section was delayed despite signs of distress.
- Forceps or vacuum were used improperly or with excessive force.
- You were not informed of risks or alternatives during labor.
Frequently Asked Questions
How do I know if medical negligence caused my baby’s injury?
A birth injury attorney can review your medical records, consult with medical experts, and evaluate whether the care provided met accepted standards. Because Dr. Wilson holds both medical and legal credentials, our firm is uniquely positioned to assess the medical facts of your case.
What if the injury was not discovered until months later?
Many birth injuries, including cerebral palsy, are not diagnosed until a child is older. You may still have a viable legal claim. Statutes of limitations in birth injury cases vary by state, so it is important to consult an attorney as soon as you suspect a problem.
What compensation may be available?
Families may be able to recover damages for medical expenses, ongoing care and therapy, pain and suffering, and the long-term costs of raising a child with special needs. Each case is different, and an attorney can help you understand what your claim may be worth.
Silver Spring Birth Injury Lawyers at Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates Can Help Protect Your Child’s Future
The Silver Spring birth injury lawyers at the Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates bring a rare combination of medical knowledge and legal experience to birth injury cases. If you believe your child’s injury could have been prevented, you deserve answers. Call us at 202-223-4488 or complete our online form today for a free consultation. We have offices in Washington, D.C., and also serve clients in Northern Virginia and Maryland.
