Recognizing the Signs of Birth Injuries and Becoming an Effective Advocate for Your Child

When waiting for the birth of your child, you have dreams and expectations for the future. You may imagine teaching your child to play piano or shooting hoops in the driveway. You might wonder whether they will want to attend your alma mater or choose a rival school. You may be imagining family vacations in exciting new places that you explore together. The process of seeing your child develop and grow into an adult seems full of possibilities.

But when a child suffers birth injuries, those expectations and dreams start to fall apart. The process may be gradual or hit all at once. Instead of saving up for a fun-filled trip to Orlando, you’re putting money aside for a motorized wheelchair. No one seems to understand what your child is trying to say. How do you provide the best future for your family in this unexpected situation?

The process starts with recognizing the signs of birth injuries and then determining the interventions that will be most beneficial. Along the journey, you will need to become an effective advocate for your child in a society where disabilities are often misunderstood and overlooked.

At Ragain & Clark, we have decades of experience helping families recover the resources they need to build the best life for a child suffering due to birth injuries. We understand the challenges of recognizing birth injuries and getting medical professionals to acknowledge their errors. But we’ve also seen how parents who are prepared to fight for their child’s rights can overcome seemingly insurmountable hurdles to build a bright future.

Signs Vary at Different Stages in a Child’s Life

Sometimes it is obvious at the time of birth that a child is struggling. But many times, the signs of birth injuries are not noticeable until months or years after birth. Parents need to watch for signs of problems when a child is a newborn, but also all throughout a child’s early years of development.

Birth Injury Symptoms Shortly After Birth

Doctors perform a quick assessment of newborns to determine whether they might need intervention with breathing and blood flow as they transition from attachment to the mother to independent life functions. This assessment, known as an APGAR score, is a cursory look at the child’s condition to help doctors decide whether emergency action is necessary or whether they can move on.

Parents have time to examine their newborn much more closely to look for signs of injuries that may have occurred shortly before, during, or after childbirth. Symptoms to watch for include:

• Bruising or swelling on the face or scalp. (This could indicate that doctors used birthing aids such as forceps incorrectly.)
• Crying that is excessive, or that is weak and high-pitched
• Fluttering eyes, jerky movements, or periods where the child does not respond. (These could indicate that the child is suffering from seizures.)
• Breathing that seems labored or irregular
• Muscles that seem to be excessively floppy or very rigid. (This could indicate that the child has suffered nerve damage.)
• Lack of interest in eating or difficulties sucking and swallowing
• Movement patterns that differ significantly from one side of the body to the other. (This could indicate a broken bone or nerve damage.)

When you notice symptoms that could indicate birth injuries, make notes and, if possible, take photos. Ask the doctors about the symptoms and keep records of their responses. If you believe your child is suffering from a serious condition that is being ignored by doctors, it may be wise to seek a second opinion from a doctor in a different practice.

Signs That May Appear Later in Older Infants, Toddlers, and School-Aged Children

Many birth injuries are caused by oxygen deprivation shortly before, during, or after birth. Damage to the brain and other tissues is often not apparent until a child is older. It is important to monitor your child’s progress on standard developmental milestones. If your child is not able to perform functions that are normal for a child at this time of life, or if a child is still retaining behaviors that are usually abandoned by this stage of development, it can indicate that a child is suffering from an injury that could have resulted from medical negligence.

It is important to consider both physical and mental development. Most children will be behind the curve in a few areas. This does not necessarily indicate an injury or deficiency, but it could indicate areas that could benefit from instructive intervention or encouragement.

Physical Skills

Parents should observe a child’s muscle control and coordination. Does the child favor one side much more than the other? In infants and toddlers, this could be a sign of Erb’s palsy or other injuries. Are movements weak or shaky? Does that child have trouble with tasks like holding a spoon? Does the child have balance problems? It is also significant to note when a child retains infant reflexes that are usually outgrown early, such as the Moro reflex, or when they continue to exhibit infant behaviors, such as constant drooling.

Cognitive and Sensory Issues

It is important to consider many aspects of a child’s mental development and sensory awareness. Are they responding to sounds and sights in an expected fashion? A lack of response or an unusual response could indicate a problem with vision or hearing, or something entirely different, such as a cognitive difference.

Does the child comprehend and remember information at an appropriate age level? Difficulty understanding speech or speaking can be a sign of neurological injuries. Does the child have trouble eating, such as chronic choking? Have you noticed any signs of seizures, sleep disturbances, or chronic irritability or crying? It is a good idea to bring any symptoms to the attention of the child’s doctor during regular examinations.

Delays in motor skills or muscle abnormalities could indicate cerebral palsy. Many signs of cognitive difficulties or behavioral anomalies could be signs that a child suffered from hypoxic-ischemic encephalopathy.

Advocating Effectively for a Child with Birth Injuries

All children deserve to have parents who will support them, but children who suffer from birth injuries need parents who are prepared to be organized, proactive, and persistent. This is not a sprint but a marathon, so don’t feel the need to accomplish everything all at once. Instead, try to accept that there will almost always be an issue to explore or an extra step to take to encourage progress.

Keep Organized

To be an effective advocate for a child potentially suffering from birth injuries, parents need to try to gather information and keep it organized. It is important to keep a journal of symptoms, milestones, and other observations. It is also essential to keep records of medical treatment and notes of anything said by doctors and therapists.

Unfortunately, the cost of additional evaluations and treatment can be difficult to manage. It is wise to keep copies of expenses, including bills, travel costs for testing, and insurance information. These records provide evidence of some of the costs incurred due to the injuries.

Take Proactive Steps

A young child is not prepared to seek out the help they need or even to explain why they need it. The role of advocate falls to the parent, and it must be an active one.

Ask questions. Research issues and then ask more questions. Seek out specialists who may be able to evaluate your child’s condition and determine the best treatments for positive development. Follow recommended exercises and behavioral strategies regularly at home.

As soon as you suspect your child may be suffering from birth injuries, schedule a consultation with an attorney familiar with the issues. A knowledgeable lawyer can help protect the child’s rights and investigate to determine whether it is possible to hold medical professionals or facilities liable for birth injuries. This could enable you to recover resources to meet the child’s future needs.

Be Persistent

For many families, dealing with a birth injury is not a single episode but an ongoing part of life. That means the proactive steps will need to continue, although the types of actions will change over time.

Keep asking questions. When you receive negative responses, find out why and what can be done to overcome the difficulties and mitigate negative consequences. In many cases, there are strategies, therapies, and treatments that can help a child suffering from birth injuries, but parents have to dig deep to find out about these beneficial options and how to obtain them.

Ragain & Clark Works to Help Families Move Forward When a Child Suffers from Birth Injuries

Doctors, nurses, and hospitals are not going to readily admit when they’ve made a mistake that could affect your child’s development and well-being in the future. It is up to parents to recognize when something is not right and to start asking questions.

The cost of extra medical care, therapy, equipment, modifications to the home, and other measures that may be necessary when managing the effects of birth injuries can put a strain on the entire family. That is why Ragain & Clark works hard to recover resources for families who find themselves in this situation because of medical malpractice. 

If you’re not sure whether your child’s difficulties are due to birth injuries or you know birth injuries are involved but are not certain what your next steps should be, we invite you to contact us for a free consultation. You can schedule online or call us at 406-651-8888 (Billings) or 307-388-6400 (Worland).