8 Signs Your Child’s Birth Injury May Be Medical Malpractice

When something doesn’t feel right after childbirth, you notice. Whether it’s your baby’s movement, reactions, or a gut feeling that something isn’t adding up, trusting that instinct matters.

Not all birth injuries are preventable. But sometimes, what happened during labor or delivery could have been avoided. That’s where medical malpractice may come into play.

Here’s how to start recognizing the difference between a natural complication and a preventable mistake.

1. Lack of Oxygen at Birth (Hypoxia)

Oxygen deprivation during labor is one of the most serious complications a baby can face. Sometimes it’s unavoidable, but other times, it’s the result of poor monitoring or a delay in decision-making. Signs that point to hypoxia include:

• Very low Apgar scores
• Need for immediate resuscitation
• Seizures shortly after birth
• NICU admission due to breathing issues

Doctors are trained to catch signs of fetal distress early. If those warnings were missed or ignored, it’s worth getting an experienced birth injury lawyer Michigan on board so you can get to the bottom of what’s happened and ensure the right people are held responsible.

2. Delayed Emergency C-Section

There are moments in labor when everything changes in seconds. Maybe the baby’s heart rate drops or labor stalls dangerously. In those moments, an emergency C-section is sometimes the safest path.

A delay of even minutes can make a huge difference. If there were clear signs that a C-section was needed and it didn’t happen fast enough, that could be a red flag.

3. Unusual or Excessive Use of Force During Delivery

Sometimes, tools like forceps or vacuum extractors are used to assist with delivery. In skilled hands, they can be helpful. But if used improperly or with too much force, they can cause serious harm, like:

• Skull fractures
• Facial nerve damage
• Brain bleeds
• Shoulder dystocia injuries

A newborn showing signs of bruising, swelling, or limited movement right after birth may have experienced excessive pressure or trauma during delivery.

4. Diagnosed with Cerebral Palsy Linked to Birth Complications

Cerebral palsy itself isn’t always caused by medical error. But in some cases, it’s directly linked to a lack of oxygen or trauma during delivery, particularly if those situations were preventable.

If a child is later diagnosed with cerebral palsy, and there were complications during birth like prolonged labor, fetal distress, or infection, it’s worth investigating how those events were handled.

5. Failure to Monitor or Act on Fetal Distress

Monitoring the baby’s heart rate during labor is standard care. It can alert the medical team to any signs of distress.

What’s key is what they do with that information. If abnormal readings were documented but ignored or if the team was slow to respond, that could point to negligence.

Fetal distress that goes unaddressed can lead to brain damage, organ issues, and other lasting problems.

6. Signs of Infection During Pregnancy or Labor That Went Untreated

Infections like Group B strep, chorioamnionitis, or even untreated maternal fever can be dangerous to a newborn.

There are clear protocols for screening and treating these conditions. If an infection was present but not properly managed, and your baby shows signs of injury or illness, it could be tied to medical oversight.

Common signs in babies include:

• Trouble breathing
• Seizures
• Lethargy
• Temperature instability

7. Unexplained Seizures or Brain Damage in the First Days of Life

Seizures in a newborn are a red flag. They often signal a bigger issue, such as brain injury caused by lack of oxygen, trauma, or infection.

If no one can clearly explain why your baby is having seizures, or the diagnosis doesn’t seem to match what you experienced during delivery, it may be time to dig deeper.

MRI scans or EEGs can often show when the damage happened, and that timing matters.

8. You Were Dismissed or Ignored When Raising Concerns

This one is harder to prove, but incredibly common. Many parents report feeling brushed off during labor when they raised valid concerns. Maybe you said something didn’t feel right. Maybe you asked for help and were told to wait.

Being ignored during critical moments of childbirth can lead to devastating consequences.

If your instincts were telling you something was wrong, and no one listened, you’re not alone. And your experience is worth taking seriously.

What to Do If You Suspect Medical Malpractice

It’s normal to have questions. And it’s also normal to feel unsure about whether something was “just a complication” or a sign of negligence. Here’s what can help:

• Request your full medical records – These can reveal details you weren’t told at the time.
• Keep a timeline – Document what you remember about your pregnancy, labor, and your baby’s condition after birth.
• Talk to a medical expert – A second opinion can often clarify whether procedures were followed correctly.
• Ask questions – You deserve answers. Don’t be afraid to press for clarity.

You’re not accusing anyone without reason. You’re simply protecting your child’s future and trying to understand what really happened.

You’re Not Overreacting

Let’s be clear: recognizing possible malpractice isn’t about blame. It’s about clarity, accountability, and support. If your child is facing challenges from a birth injury, you deserve to know why. And if mistakes were made, you deserve options.