Symptoms of Birth Injuries

In a study published in 2021, researchers found the following after analyzing 982,033 birth trauma records:[1]

  • Birth injuries occur in about 23% of all live births (up to 31 in every 1000 births);
  • Scalp injuries are the most common at 80%;
  • Major birth trauma is in a decline – from 5.4 to 4.7 per 1000 births;
  • Only 77% of pregnancies receive prenatal care during the first trimester;**
  • 10% were delivered preterm (before 37 weeks of gestation was completed);**
  • 32% were delivered via C-section.**

**These are data provided by the Centers for Disease Control and Prevention (CDC)

Doctors are responsible for ensuring that mothers remain healthy during pregnancy. They must also tailor a delivery plan that accounts for any diagnosed complications and identified risk factors. Failure to do so may warrant a medical malpractice claim.

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Early Observable Birth Injury Symptoms

There are some apparent unusual behaviors in affected children early on. If you are seeing weird behaviors from your baby, it’d be wise to get them screened for birth injuries as soon as possible. Said unusual behaviors may include:

  • Easily fussed or irritable (which may indicate pain or discomfort)
  • Lethargy or excessive sleep for infants their age
  • Feeding difficulties (i.e., weak sucking, trouble swallowing, excessive gagging)
  • Difficulty in focusing and tracking objects
  • Stiffness/floppiness of limbs
  • Excessive tremors or twitching
  • Excessive crying when carried (which may also indicate pain)

Injured babies often exhibit developmental delays in various aspects of their growth. Let’s study this further in the next segment.

Developmental Delays as a Sign of Injury

Delays in a baby's developmental milestone can also serve as initial signs of acquired birth injuries. Here’s a summary of these developmental milestones:

Physical DevelopmentCognitive Development
0-3 months: Lifts head when on their stomach, follows objects with eyes

3-6 months: Rolls over, reaches for objects

6-9 months: Sits without support, starts crawling

9-12 months: Pulls to stand, may take first steps
0-3 months: Recognizes familiar faces, tracks moving objects

3-6 months: Responds to own name, shows curiosity about objects

6-9 months: Develops object permanence, explores objects with hands and mouth

9-12 months: Understands simple words, imitates gestures
Language DevelopmentSocial and Emotional Development
0-3 months: Coos and makes gurgling sounds

3-6 months: Babbles and laughs

6-9 months: Begins to understand "no," makes different consonant sounds

9-12 months: Says first words, understands simple instructions
0-3 months: Smiles at people, recognizes parent

3-6 months: Enjoys social play, distinguishes emotions in others' voices

6-9 months: May show anxiety with strangers, enjoys mirror images

9-12 months: Shows preference for certain people, maybe clingy with parents

Developmental delays in babies do not only occur in one specific area. Any delays in one area can also hinder the development of all the others. Such delays can compound and get carried over to the baby’s childhood.

Risk Factors Associated with Birth Injuries

To effectively avoid birth injuries, doctors must promptly screen mothers for any complications and account for all pre-existing maternal health conditions. At the same time, they must monitor the baby closely for anything unusual.

Some of the more common considerations that should be managed include:[2]

Fetal Factors

  • Macrosomia (babies are too big; 4000+ grams)
  • Macrocephaly (babies with big heads)
  • Low birth weight
  • Prematurity
  • Fetal positioning

Maternal Factors

  • Obesity
  • Hypertension
  • Diabetes
  • Cephalopelvic disproportion (small pelvis)
  • Primaparity (first time mother)

Despite sufficient planning, emergencies may still arise during deliveries. Doctors must promptly and effectively respond to any signs of distress exhibited by either mother or child. 

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Compensation for Damages

All medical expenses (past and future) are considered in a medical malpractice claim. In birth injury cases, compensation ensures that an injured child is provided with all the necessary support for their growth and development. Injured mothers must also be allowed to return to their healthiest state.

Usual compensation considerations can include (but are not limited to):

Economic damages

  • Medical bills
  • Rehabilitation and therapy costs
  • Special education needs
  • Medical equipment and home modifications
  • Lost future earning capacity
  • Caregiving expenses
  • Prescription medications

Non-economic damages

  • Physical pain and suffering
  • Emotional distress and mental anguish
  • Loss of enjoyment of life
  • Permanent disability or disfigurement
  • Reduced quality of life
  • Impact on family relationships
  • Loss of future opportunities

According to the National Practitioner Data Bank, in 2023, medical malpractice cases in New York were settled at about $492,316 on average. However, based on our experience, cases involving birth injuries are compensated with much more. For actual compensation figures, please refer to our previous wins.

Speak to a Medical Malpractice Lawyer Today

At the Porter Law Group, our team of proven medical malpractice lawyers delivers ideal results. We take pride in helping families rebuild after unfavorable circumstances. We operate on a contingency basis – meaning you do not need to pay us anything unless we win your case. Through this approach, we can better support families during their times of need.

If you or a loved one has been a victim of medical malpractice, please reach out to us for a non-obligatory free case evaluation. You can also contact us at 833-PORTER9 or  info@porterlawteam.com to schedule a consultation.

Last Updated on 
December 5, 2024
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