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Bringing a baby into the world is supposed to be joyful. When something goes wrong during pregnancy, labor, or delivery, that joy can be replaced in an instant with fear, confusion, and a thousand urgent questions. Birth injuries can range from minor, temporary issues to severe conditions that change a child’s life and a family’s future.
Common Types of Birth Injuries Parents Encounter
Some birth injuries are immediately noticeable, such as weakness or lack of movement in a newborn’s arm that may signal Erb’s Palsy, a brachial plexus injury often associated with excessive force during delivery. Others, like Hypoxic Ischemic Encephalopathy (HIE)—a serious brain injury caused by oxygen deprivation before or during birth—may not be fully understood until hours or days later, when symptoms such as seizures, breathing difficulties, or abnormal muscle tone appear.
In either situation, parents are often left wondering whether the birth injury was unavoidable or the result of medical negligence.
What to Do If You Suspect a Birth Injury
If you suspect your baby was harmed because a medical provider made preventable mistakes, what you do in the days and weeks after delivery can matter. Not just medically, but legally too.
Prioritize Your Baby’s Medical Care
Start with the most important step: make sure your baby is receiving the right medical care. Follow up on symptoms that feel “off,” ask questions until you get clear answers, and keep appointments even when it’s exhausting.
In cases involving Erb’s Palsy, early diagnosis and physical or occupational therapy may improve long-term outcomes. When HIE or other oxygen deprivation injuries are suspected, prompt neurological evaluations and ongoing monitoring can be critical. It’s also essential to take care of yourself physically and emotionally. You’re the anchor for your child right now, and you deserve support.
Gather and Preserve Medical Records Early
As soon as you can, begin gathering and saving records. Medical documentation often becomes the backbone of a birth injury claim or medical malpractice case, and it can be harder to obtain later or may arrive incomplete if requests are delayed.
Ask for copies of your prenatal records, labor and delivery records, fetal monitoring strips, hospital and NICU records, discharge instructions, and follow-up evaluations. These records are especially important in HIE birth injury cases, where timing, oxygen levels, and medical responses are closely examined. Keep everything in one place and save digital copies whenever possible.
Keep Detailed Personal Notes About What Happened
Alongside the official records, keep your own notes. Write down what you remember about the pregnancy, labor, and delivery, including anything that felt unusual or concerning—such as prolonged labor, shoulder dystocia, emergency interventions, or delayed responses to fetal distress.
Track your baby’s symptoms, diagnoses, treatments, medications, referrals, and therapy recommendations. For example, note when Erb’s Palsy was first mentioned or when concerns about brain injury or developmental delays were raised. Include dates, provider names, and what you were told.
Consider Seeking a Second Medical Opinion
It can be helpful to seek a second medical opinion, especially if you’re receiving vague answers or conflicting explanations. Another qualified medical professional may be able to clarify whether your child’s condition appears consistent with an unavoidable complication or whether it may point to preventable errors in care.
This can be particularly important in cases involving oxygen deprivation, delayed C-sections, or delivery-related nerve injuries, where early decisions can have lasting consequences. A second opinion may also help guide whether speaking with a birth injury lawyer makes sense.
Understanding the Legal Timeline for Birth Injury Claims
Finally, it’s important to understand that birth injury lawsuits and medical malpractice claims are subject to strict statutes of limitations that vary by state. Some deadlines are surprisingly short, and special rules often apply when the injured patient is a minor.
Speaking with an experienced birth injury attorney early can help you understand your legal options, preserve evidence, and avoid missing critical filing deadlines. An attorney can also work with medical experts to determine whether negligence played a role in injuries such as Erb’s Palsy or Hypoxic Ischemic Encephalopathy, while you focus on your child’s care.
Taking the Next Step After a Suspected Birth Injury
No parent expects to face this after childbirth. But taking timely, informed steps can help bring clarity, protect your family’s legal rights, and secure the resources your child may need now and in the future.