Recognizing and Responding to Potential Birth Injuries
Written by Jay M. Kelley III in Medical Malpractice on May 21, 2026
The Expectations of Birth and the Reality of Trauma
The arrival of a new child is expected to be one of the most joyous moments in a parent’s life. You spend months preparing for this day. You read books, attend classes, decorate a nursery, and imagine the future that lies ahead for your family.
When things go wrong in the delivery room, the transition from that excitement to fear can be traumatic.
Often, parents are not told immediately that something went wrong. They are sent home with a baby who seems healthy, only to find that as the months pass, the child does not reach the developmental milestones that other children do.
Important: Some birth injuries may not become noticeable until months or even years after delivery.
Possible Signs of a Birth Injury
Signs of a possible birth injury can include:
- Developmental delays
- Muscle weakness
- Seizures
- Feeding difficulties
- Missed milestones during infancy
- Trouble rolling over or sitting up
Some Birth Injuries Are Not Immediately Obvious
A birth injury is not always something that happens with an audible crash or an immediate emergency alarm. While some injuries, such as broken bones or severe bruising, are visible at birth, many other forms of neurological damage are silent.
Conditions such as cerebral palsy, hypoxic-ischemic encephalopathy, or subtle nerve damage may not show their full impact until your child is months or even years old. If you find yourself looking at your child and feeling that something is just not right, that intuition is important.
Keeping detailed records of your observations is the first step in understanding whether your child suffered a preventable injury.
Understanding the Legal Standard of Care
To determine if a birth injury was caused by negligence, we must look at the legal standard of care.
Doctors, nurses, midwives, and hospital staff are all held to a professional standard. This means they are required to provide treatment that a reasonably competent medical professional would offer in a similar situation, given the same circumstances.
When that standard is breached, it is considered medical negligence.
Examples of Possible Medical Negligence
A breach of the standard of care can include:
- Failure to monitor the fetal heart rate
- Delaying and emergency C-section
- Failing to respond to fetal distress
- Improper use of forceps or vacuum extractors
- Failing to follow established delivery safety protocols
When a medical team deviates from established safety protocols and that deviation results in injury, the hospital and the providers may be held accountable.
Why Doctors Often Downplay Concerns
One of the most frustrating aspects for parents is the feeling of being gaslit by medical professionals.
If you express concern about your child failing to roll over, sit up, or reach for toys, you may be told that all babies develop at different rates.
While it is true that every child is unique, medical professionals should take parental concerns seriously.
Dismissing these worries can lead to a delay in diagnosis and treatment. Early intervention is critical for children with birth injuries, as the brain has the highest capacity for recovery and adaptation in the first few years of life.
Steps for Parents to Take Immediately
If you suspect that your child’s condition is the result of a preventable medical error, there are several important steps you can take.
1. Request Medical Records
You have a legal right to request and obtain copies of:
- Prenatal medical records
- Labor and delivery records
- Neonatal records
- Records from your OB-GYN
These documents are complex, but they contain the truth of what happened during those hours in the delivery room.
2. Keep Notes About Your Child’s Development
Document developmental delays, symptoms, missed milestones, or anything that concerns you.
Detailed observations can become important later.
3. Avoid Speaking With Hospital Representatives Alone
Do not rush to speak with the hospital risk managers or the insurance adjusters representing the facility before understanding your rights.
They may ask you to:
- Give a recorded statement
- Sign documents
- Accept explanations before a full review occurs
Their primary goal is often to protect the hospital from liability, not to help your family.
4. Speak With An Experienced Birth Injury Lawyer
An experienced legal team can:
- Review medical records
- Consult neonatal experts
- Evaluate whether the standard of care was met
- Help determine whether further investigation is necessary
The Role of Early Legal Guidance
You do not need to prove negligence before you speak with an attorney. In fact, seeking advice early is often better for your case.
An advocate can review your medical records, consult with neonatal experts, and help you determine if further investigation is warranted. This early assessment ensures your family understands the landscape of your options without the pressure of an immediate, formal lawsuit.
You are not just looking for a payout. You are looking for answers. You are looking for a clear explanation of why your child is facing challenges that should never have happened. We are here to provide that clarity.
How Birth Injury Investigations Work
Investigating a birth injury is methodical. It requires a team that understands both medicine and the law. At Elk + Elk, we approach these cases with compassion and rigorous attention to detail.
Our team handles:
- Medical record reviews
- Expert consultations
- Communication with hospitals and insurers
- Investigation into the standard of care
Leaving you with the time and space you need to care for your child and your family.
Taking the Next Step
Understanding the signs of a birth injury is only the beginning. We know that these questions often lead to more questions, particularly about the specific medical conditions themselves and what went wrong in the delivery room.
If you are ready to learn more, we have prepared a comprehensive guide that details the most common types of preventable birth injuries and the medical protocols that should have been followed.
Read our next guide: The Most Common Types of Preventable Birth Injuries.
Speak With Our Team
If you prefer to speak with someone directly, do not hesitate to contact us. You do not have to carry this burden alone.
Whether you have questions about your child’s medical records or you simply need to discuss your situation with an experienced advocate, we are here to listen.
You can reach out to our team at 1 (800) ELK-OHIO or complete our online contact form to schedule a free, no-obligation consultation. We are dedicated to providing the answers and support your family needs during this challenging time.
Jay M. Kelley III - Managing Partner
Meet Jay M. Kelley III, a top medical malpractice and catastrophic personal injury attorney in Ohio with over 30 years of experience and a proven track record of securing millions in verdicts and settlements. He leads Elk + Elk’s comprehensive litigation strategy across state, federal, and appellate courts, drawing on a unique background as a former felony prosecutor and hospital defense lawyer. Jay focuses on high-stakes, complex cases, including birth injuries and wrongful death, and is widely recognized by Best Lawyers and ranked among the Super Lawyers Top 10 in Ohio.
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