How to Recognize Signs of a Birth Injury in Your Newborn

You have waited for your child for nine months, and the day has finally arrived. Whether you are the mother bringing your baby out into the world or the father offering your support to your partner, the last thing you expect on this exciting day is that harm may come to your child. The sad reality is that birth injuries occur all too often in Massachusetts. For new parents, it is vital to know how to recognize signs of a birth injury in your newborn.

At Cava Law Firm, our birth injury lawyers understand how much emotional and even financial distress you may be under if your child has suffered a birth injury. If a medical provider failed in their duty to protect your child, you may be entitled to file a claim against them and receive compensation.

Contact Cava Law firm at (413) 737-3430 or (413) 781-CAVA (2282) to speak with an experienced birth injury lawyer today. 

Signs Suggesting a Birth Injury in Your Newborn

Although some birth injuries cause immediate signs, not all of them do. Take a closer look at the signs and symptoms our personal injury lawyers often encounter when assisting parents facing an injured newborn.

Signs Present Immediately After Birth

When a baby suffers certain birth injuries, like facial nerve damage, fractures, and asphyxia, some signs can be immediate. These signs can include:

• Excessive drooling;
• High-pitched crying;
• Sensitivity to light;
• Skull fractures;
• Weak or absent reflexes;
• Difficulty breastfeeding;
• Arched back;
• Muscle looseness or stiffness;
• Low heart rate;
• Low oxygen rate;
• Drooping mouth; and/or
• Seizures.

Keep in mind that if your baby presents with a sign like excessive drooling, it does not necessarily mean that they suffered an injury. It does mean, however, that you should have them closely evaluated before leaving the hospital. On the other hand, if your baby has a seizure, there may be a high likelihood that they sustained an injury.

Signs That Appear at 12 to 24 Months

Some birth injuries can take up to two years to present. Typically, parents start noticing something is wrong when babies miss milestones. Signs they may display in these cases include:

• Lack of muscle control;
• Trouble crawling or walking;
• Trouble grabbing objects;
• Delays in speech or absence of speech;
• Poorer coordination than is normal;
• Not bringing objects to their mouth;
• Inability to sit or stand without help;
• Not noticing loud sounds; and/or
• Inability to move objects from one hand to the other.

If you notice any of these issues, it is important to reach out to your pediatrician for an evaluation.

Signs That Appear After the Two-Year Mark

It might seem impossible that signs of birth injuries take more than two years to appear, but it can happen, especially if your child has cerebral palsy. The most common signs that become visible after two years are often:

• Inability to speak;
• Inability to understand full sentences;
• Trouble eating, drinking, or dressing without help;
• Jerky reflexes;
• Trouble walking;
• Inability to draw straight lines; and/or
• Tremors.

Signs that you may have noticed earlier, like muscle stiffness, can become more pronounced by the time your child is past their second birthday. You may notice that they lack fine motor skills and they struggle with tasks that other children of their age can do. Getting medical help is essential in such situations.

Understanding Your Legal Options

How to Determine Your Next Steps

Seeing your child battling a birth injury can be distressing. To make matters worse, birth injuries can result in serious medical bills that you may not know how to pay. You may have a legal option to take, however, that can help your child receive the care they need and ease the financial strain on you and your family.

If you have recognized signs of a birth injury in your baby, there is a chance that a medical professional failed in their duty of care during the birth. Negligence and wrongful conduct on a medical provider’s part in Massachusetts means you may have the right to file a medical malpractice lawsuit.

Like all medical malpractice claims, proving that the provider failed in their duty of care is not simple. In other types of personal injury claims, you would have to demonstrate that a reasonable person would not have done the same thing as the defendant. In a medical malpractice claim, you have to show that another medical provider would not have made the same mistake. Most of the time, this will mean getting testimonies from other medical professionals.

Because of the complexities of birth injury claims, having qualified legal representation on your side is critical. Without assistance, you can lose your chance to get compensation for what your child has suffered.

What Damages Are Available in Massachusetts Birth Injury Claims?

As in other personal injury claims, you have the right to claim economic and non-economic damages in a birth injury claim. Economic damages cover the financial losses that you and your family suffered because of the birth injury. Any actual expense you suffered, you can get compensation for. Medical expenses fit into this category, as do the costs of any medical devices that your child needs, like wheelchairs. If your child will need special education, economic damages can cover these expenses, too.

Some losses are not financial, however. Non-economic damages can help you recuperate these losses. These damages can include compensation for the pain and suffering your child experienced and their loss of enjoyment of life.

Get Trusted Legal Help From Cava Law Firm

Winning Is No Accident

If your child suffered a birth injury because of a medical professional’s negligent or wrongful conduct in Massachusetts, you have rights. By contacting experienced personal injury lawyers who can fight for you and your family, you can receive the compensation you need to protect your family’s future.

At Cava Law Firm, our team has decades of experience helping clients who have suffered because of medical malpractice. We understand the difficulties you are facing, and we can help you handle them.

Contact our team by calling us at (413) 737-3430 or (413) 781-CAVA (2282) today.

Attorney Jennifer L. Cava-Foreman

Attorney Jennifer L. Cava-Foreman would like to take the guesswork out of choosing a lawyer by letting the facts and her winning verdicts speak for themselves. Attorney Cava-Foreman is known in the local courts and has firsthand experience with many types of cases ranging from personal injury to criminal defense. Attorney Cava-Foreman understands that every case and every client is different. Whether a client is injured or mixed up in a criminal matter, she will provide the legal advice needed and stand up for her client in court. [ Attorney Bio ]