Know Your Rights

Birth Injury Negligence Has Lifelong Impact

In the United States up to 8% of all children, or three every hour, are born suffering a birth injury which results in long term medical complications, problems with normal development, permanent disability, or even death. The Brain Injury Association of America reports that traumatic brain injuries at delivery are one of the leading causes of a permanent life impacting birth injury.

Birth Injury Resulting in Brain Injury

Medical reports show that brain injuries received at birth typically result in long term permanent disability or death. Brain injury at birth is linked to cerebral palsy, erbs palsy, mental retardation, seizure disorder, paralysis, speech and language disorders, and many other significant conditions and disorders that affect a child’s growth and development for a lifetime. A birth injury may be identified at birth while others may not present themselves until years later as the child grows.

Infant Brain Damage Symptoms

Some of the initial symptoms of brain damage can be seen shortly after birth. While birth injury related to brain damage may take years to be diagnosed, some of the early signs are:

  • Distored facial features
  • Abnormally shaped spine
  • Appearance of neck stiffness
  • Excessive episodes of crying or being fussy for no apparent reason
  • Difficulties with feeding
  • Tremors or shaking

Birth Injury Developmental Delays

Very often symptoms of brain damage related to a birth injury do not become noticeable until the child begins to miss normal developmental milestones. The injury may begin to impact a child affecting their physical, cognitive, perceptual, behavioral, or emotional growth and normal development. Some of the common symptoms of developmental delay include:

  • Problems with memory and processing of information
  • Problems with language and communication
  • Issues with attention and concentration
  • Development of behavioral and emotional problems
  • Problems with normal physical development of rolling, crawling, sitting up, walking, running, jumping, using stairs, skipping
  • Delays in normal time frame expected for feeding self, using the toilet, dressing themselves, helping with minor household chores
  • Ability to color, appropriate play with toys and games

Birth Injury at School Age

Brain damage from birth may not have symptoms become impacting until the child reaches school age and a learning disability may be suspected. Up to 14% of brain damage is not discovered until a child is of school age. Often a child is diagnosed with ADHD, Autism, or Asperger’s Syndrome at school age.

Birth Injury and Medical Negligence

The leading causes of birth injury directly related to medical negligence include the following:

  • Failure to detect or respond quickly to signs of fetal distress
  • Improper use of forceps or a vacuum to assist in delivery
  • Failure to order a cesarean section timely, or in an emergency situation
  • Failure to monitor, detect, treat any maternal infections
  • Failure to diagnose and treat a prolapsed umbilical cord
  • Failure to resuscitate a newborn infant properly
  • Improper training and supervision of medical staff under doctor’s direction
  • Failure to use assisted birthing instruments correctly

Birth Injury Negligence Attorney

Providing for a lifetime of care, attention, and treatment for your child can be expensive and put a tremendous emotional toll on the entire family. An experienced birth injury attorney can help provide the compensation required to help reduce the financial burdens your family may be facing. Call the law office of Joel Baskin for a confidential consultation regarding current and future needs.

Request a Free Consultation


404 765 0031


770 432 2001

Recent Posts





  • This field is for validation purposes and should be left unchanged.