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Suspect a Birth Injury in Maryland? Know the Signs of Malpractice

Posted on behalf of Peter T. Nicholl in Medical Malpractice Published on October 14, 2024 and updated on April 24, 2026.

mother holding child on her lap; cradling the baby's head Finding out your child has a birth injury is extremely upsetting. When a baby is harmed during delivery, it can have serious and lasting effects, but how can parents be sure this has happened, and what steps should they take once they confirm it?

What are the signs that may indicate a birth injury?
Signs of a birth injury may include delayed developmental milestones, abnormal muscle tone, feeding difficulties, seizures, unusual movements, or unexplained bruising and swelling. If these symptoms appear, it is important to seek medical evaluation promptly to determine the cause and begin appropriate care.

In this article, we explain more about birth injuries, including specific signs that may indicate a birth injury. We also discuss when you may have legal options.

At The Law Offices of Peter T. Nicholl, we are here to help. If you suspect that your baby may have been injured during childbirth, we encourage you to reach out to a knowledgeable birth injury lawyer in Baltimore to find out to if you may have a case. There are no upfront costs or fees to pay.

Call for a FREE consultation today: 410-220-5827

What Are Birth Injuries?

Birth injuries happen during labor and delivery and can significantly impact a baby’s physical and neurological development. While some birth injuries are unavoidable due to natural complications, others stem from mistakes or negligence by medical professionals.

Here are some common types of birth injuries:

Brachial Plexus Injuries: This type of injury affects the network of nerves that controls the arm and hand muscles. It is often caused by excessive pulling on the baby’s arm during delivery and can lead to lasting damage.
Cerebral Palsy: This is a group of disorders that impacts movement and muscle tone. It can sometimes be linked to a lack of oxygen to the baby’s brain during birth. Cerebral palsy may result in long-term physical and developmental challenges.
Fractures: A difficult delivery could cause an infant to sustain broken bones. The clavicle (collarbone) and arm are the most commonly affected fractures that occur during delivery. Forceful delivery methods are one common cause of these types of fractures.
Intracranial Hemorrhage: This refers to bleeding in the brain, which can occur if the baby experiences significant trauma during delivery. It can have serious consequences for the baby’s neurological development.

Understanding these injuries and their causes can help you determine where something may have gone wrong during delivery. It is important to find out if this has happened to your child so you can seek early medical treatment and determine what ongoing care may be needed.

Seeking legal action can help you to move forward after discovering a birth injury. While compensation cannot change what has happened, it can help provide for the ongoing treatments your child may need.

What Are the Signs of a Birth Injury?

Understanding the signs of a birth injury or what type of medical malpractice may have occurred is critical. If you suspect that your child may have suffered a birth injury, there are several indicators to be aware of:

Delayed Developmental Milestones: Pay attention if your baby is not reaching key developmental milestones on time. This includes milestones like rolling over, sitting up, or walking. Delays in these areas might suggest an underlying injury.
Abnormal Muscle Tone: Observe any signs of unusual muscle tone in your baby. This can include excessive limpness or stiffness in their limbs. Such abnormalities can be signs of neurological issues or physical trauma sustained during birth.
Feeding Difficulties: If your baby struggles with feeding, whether it is difficulty latching onto the breast or bottle, this might be linked to issues with motor skills or injuries related to your infant’s mouth or throat.
Persistent Pain or Sensitivity: Watch for any signs that your baby is experiencing pain or sensitivity, particularly if they react unusually to touch or movement. This could be a sign of an injury or discomfort that warrants attention.
Seizures or Unusual Movements: Seizures or abnormal, uncontrolled movements are serious symptoms that may indicate neurological damage. These could be related to birth injuries and should be assessed by a medical professional as soon as possible.
Unexplained Bruising or Swelling: Look for any unusual bruising or swelling on your baby’s body. Such symptoms could be the result of forceful delivery methods or trauma during birth.

Being attentive to these signs and seeking timely medical advice can make a significant difference in addressing potential birth injuries and ensuring that your child receives the necessary care.

How Do I Recognize Medical Malpractice?

Not every birth injury is the result of medical malpractice. However, certain patterns can suggest that negligence played a role. Medical malpractice in the context of birth injuries typically involves:

Failure to Monitor: Negligence can occur if medical professionals fail to monitor the baby’s and mother’s vital signs during labor and delivery, missing signs of distress or complications.
Improper Use of Delivery Tools: Errors with forceps or vacuum extraction can lead to injuries. Misuse or excessive force can cause trauma to the baby.
Delayed Intervention: If complications arise, such as fetal distress, a failure to respond promptly or take appropriate actions can result in an injury.
Failure to Perform a C-Section: In some cases, a C-section may be necessary to avoid causing harm to the baby. A failure to perform this procedure in a timely manner can be a serious form of negligence.
Incorrect Diagnosis: Misdiagnosing or failing to diagnose conditions that could affect the baby’s health may result in injuries that could have been prevented with appropriate care.

FAQs About Birth Injury Signs

What are common signs that may indicate a birth injury caused by medical negligence?

Certain symptoms such as seizures, difficulty feeding, abnormal muscle tone, or delayed developmental milestones may indicate a birth injury. From a legal standpoint, these signs may point to a failure to meet the accepted standard of care during labor or delivery. The Law Offices of Peter T. Nicholl can evaluate whether these symptoms are linked to preventable medical errors.

How can I tell if my child’s birth injury was preventable?

A birth injury may be preventable if it resulted from delayed intervention, improper monitoring, or misuse of delivery tools. Legally, this involves determining whether a healthcare provider breached the standard of care and caused harm. Reviewing medical records and expert opinions is essential to establishing whether negligence occurred.

What types of medical errors can lead to birth injuries?

Birth injuries can result from errors such as failure to monitor fetal distress, delayed C-section, improper use of forceps or vacuum, or medication mistakes. These actions may constitute negligence if they deviate from accepted medical standards and directly cause injury. The Law Offices of Peter T. Nicholl can assess whether these errors contributed to your child’s condition.

When should I consider taking legal action for a birth injury?

You should consider legal action as soon as you suspect your child’s injury may be linked to medical care during pregnancy or delivery. Early action is important because statutes of limitations apply and evidence must be preserved. The Law Offices of Peter T. Nicholl can help determine if your case meets the legal criteria for a claim.

What damages can be recovered in a birth injury lawsuit?

Compensation may include medical expenses, ongoing care costs, therapy, lost future earning capacity, and pain and suffering. Legally, damages are tied to the extent of harm and whether negligence directly caused the injury. A thorough evaluation is required to quantify both current and long-term impacts.

How do you prove a birth injury was caused by medical malpractice?

Proving malpractice requires showing that a provider breached the standard of care and that this breach directly caused the injury. This typically involves medical records, expert testimony, and a clear link between the provider’s actions and the child’s condition. The Law Offices of Peter T. Nicholl can coordinate the necessary medical and legal analysis.

Can delayed developmental milestones be evidence of a birth injury claim?

Yes, delays in motor skills, speech, or cognitive development may signal an underlying birth injury. Legally, these delays must be connected to actions or omissions during labor or delivery that deviated from accepted care standards. Establishing this connection often requires expert medical evaluation and documentation.

Who can be held liable for a birth injury in Maryland?

Liability may extend to doctors, nurses, hospitals, or other medical providers involved in prenatal care or delivery. The legal analysis focuses on who owed a duty of care, how that duty was breached, and whether the breach caused harm. The Law Offices of Peter T. Nicholl can identify responsible parties and pursue appropriate claims.

Contact a Qualified Lawyer for Legal Help

If you suspect your child has suffered a birth injury or if you have concerns about potential medical malpractice, we recommend seeking legal help as soon as possible.

At The Law Offices of Peter T. Nicholl, our firm is dedicated to providing you with compassionate and experienced legal support. We understand the complexities involved when a birth injury occurs, and are dedicated to advocating for your child’s rights, best interests and well-being.

Worried about cost? Your initial consultation is completely free, and there are no upfront costs or fees to engage our services. We take medical malpractice cases on contingency, which means we only get paid if you do.

Call our trusted law firm today. 410-220-5827.