Why Parents Often Don’t Realize They Have a Birth Injury Case Until It’s Too Late

When a baby experiences complications during labor or delivery, most parents aren’t thinking about medical records, negligence, or whether they might have a birth injury case. They’re thinking about their child.

Is my baby okay? Why are they in the NICU? Will they recover? When can we go home?

For some families, those immediate concerns eventually resolve. For others, new questions emerge months or even years later. A baby may struggle to meet developmental milestones, show unusual muscle tone or movement patterns, experience seizures, or eventually receive a diagnosis such as cerebral palsy.

That’s often when parents begin looking backward and asking a very different question:

Could something that happened during pregnancy, labor, delivery, or immediately after birth have contributed to my child’s condition?

Unfortunately, by the time that question arises, significant time may have passed. Birth injury claims can also be subject to strict legal deadlines, making it important for families to understand when a child’s diagnosis or medical history warrants a closer look at what happened during birth.

Why Birth Injuries Aren’t Always Obvious at Birth

Some birth injuries are recognized immediately. A newborn may require resuscitation, experience seizures, receive treatment for hypoxic-ischemic encephalopathy (HIE), or require intensive NICU care.

Other neurological injuries can be much less obvious.

A baby may leave the hospital without a definitive neurological diagnosis. It may take months before parents begin noticing that their child isn’t developing as expected.

Developmental monitoring looks at whether children are reaching expected milestones in areas such as movement, communication, learning, behavior, and social development. When milestones aren’t being reached, developmental screening and further medical evaluation may be recommended.

Cerebral palsy illustrates why this can become particularly complicated for families. Cerebral palsy is generally diagnosed during the first or second year of life, but mild symptoms can sometimes make a definitive diagnosis difficult until a child is several years old.

That means there can be a significant gap between the events surrounding a child’s birth and the moment parents finally understand that their child has a neurological disability.

Developmental Delays May Be the First Sign Something Is Wrong

Parents are often the first people to notice subtle differences in their child’s development.

Depending on the child’s age, concerns might include:

• Difficulty controlling the head
• Unusual stiffness or floppiness
• Delayed rolling, sitting, crawling, standing, or walking
• Favoring one side of the body
• Reaching with one hand while keeping the other hand fisted
• Abnormal reflexes
• Feeding or swallowing difficulties
• Seizures
• Problems with balance or coordination
• Delayed speech or communication
• Unusual movement patterns

These symptoms don’t necessarily mean a child suffered a preventable birth injury. Many medical and developmental conditions can cause similar symptoms.

However, developmental concerns may prompt parents and physicians to begin investigating the underlying cause.

Does Cerebral Palsy Mean a Birth Injury Occurred?

No.

A cerebral palsy diagnosis does not automatically mean medical negligence occurred during childbirth.

Cerebral palsy is caused by abnormal development of the brain or damage to the developing brain. That damage can occur before birth, during birth, shortly after birth, or during early childhood.

Historically, oxygen deprivation during childbirth was believed to account for a large proportion of cerebral palsy cases. Current medical understanding indicates that lack of oxygen during the birth process accounts for only a small number of cerebral palsy cases.

In many cases, the exact cause isn’t known.

However, there are circumstances in which events during labor, delivery, or newborn care may warrant further investigation.

The important question isn’t simply:

“Does my child have cerebral palsy?”

It is:

“What caused my child’s brain injury, and was there anything healthcare providers reasonably should have done differently?”

When Should Parents Take a Closer Look at What Happened During Delivery?

No single event proves medical malpractice.

However, certain circumstances may give families legitimate reasons to ask more questions about the medical care surrounding their child’s birth.

These might include:

• An unexpected NICU admission
• Resuscitation immediately after birth
• Seizures during the newborn period
• A diagnosis of HIE or neonatal encephalopathy
• Significant abnormalities in neurological examinations
• Concerns about the baby’s condition during labor
• An emergency C-section following fetal distress
• Significant delays between signs of distress and delivery
• Serious newborn breathing difficulties
• Unexpected brain imaging findings
• Conflicting explanations about what happened during delivery
• Developmental delays that later result in a neurological diagnosis

Again, these circumstances don’t automatically establish negligence.

They may, however, justify looking more closely at the medical timeline.

A Bad Outcome Isn’t Automatically Medical Malpractice

One of the most important things for families to understand is that medicine cannot prevent every complication.

Doctors can provide appropriate care and still have a patient experience a devastating outcome.

For a medical malpractice claim, the issue generally isn’t simply whether something went wrong. The question is whether a healthcare provider failed to meet the applicable standard of care and whether that failure caused or contributed to the patient’s injury.

Determining that usually requires reviewing the complete medical record and, when appropriate, having qualified medical experts evaluate the care provided.

This is why a diagnosis such as cerebral palsy, HIE, developmental delay, or another neurological condition should never automatically be treated as proof that someone committed malpractice.

Medical Records Can Help Tell the Story

Years after a child’s birth, parents may remember that something seemed wrong during delivery without knowing exactly what happened medically.

The medical records can help reconstruct that timeline.

Depending on the circumstances, potentially important records may include:

Mother’s Medical Records

• Prenatal records
• Labor and delivery records
• Nursing notes
• Medication administration records
• Anesthesia records
• Operative reports
• Physician progress notes

Baby’s Medical Records

• Newborn records
• NICU records
• Resuscitation records
• Laboratory results
• Neurology evaluations
• Brain imaging
• EEG results
• Discharge summaries
• Pediatric and developmental records

Other documentation may include fetal heart monitoring information, Apgar scores and umbilical cord blood gas results.

No individual record necessarily proves what caused an injury. Instead, medical experts may evaluate multiple pieces of information together to understand what happened.

Parents Can Request Their Child’s Medical Records

Parents don’t necessarily have to wait until they suspect malpractice to begin maintaining their child’s medical history.

Keeping copies of medical records can be useful for coordinating care among pediatricians, neurologists, therapists, developmental specialists, and other providers.

For Texas families, a parent or legal guardian can request records for a minor child. When requesting records from a physician, the Texas Medical Board recommends making the request in writing. Physicians generally must provide the records or a narrative summary within 15 business days after receiving a proper written request.

Hospital records may need to be requested separately from the hospital’s medical-records department.

Why Waiting Can Make a Birth Injury Investigation More Difficult

Legal deadlines aren’t the only reason families may benefit from asking questions sooner rather than later.

Time can affect evidence.

Years after a delivery:

• Doctors and nurses may work somewhere else.
• Witnesses’ memories may fade.
• Parents may have difficulty remembering exactly what was said.
• Medical facilities may change electronic record systems.
• Locating particular records may become more complicated.
• The child’s subsequent medical history may become extensive.

Investigating sooner can make it easier to reconstruct the events surrounding labor and delivery.

And importantly, an investigation doesn’t automatically lead to a birth injury lawsuit.

Sometimes a medical review determines that healthcare providers acted appropriately and that the child’s condition wasn’t preventable.

That information can be valuable to families too.

Birth Injury Statutes of Limitations Can Be Complicated

Another reason parents shouldn’t automatically wait for a definitive diagnosis is that medical malpractice claims are governed by statutes of limitations and other filing deadlines.

These laws establish how long someone has to bring a legal claim.

Birth injury cases can be especially complicated because the injured patient is a child.

Parents sometimes assume:

“My child is a minor, so we have until they’re 18 to do something.”

That assumption can be dangerous.

Different claims may be governed by different rules, and state laws vary significantly.

How Long Do You Have to File a Birth Injury Lawsuit in Texas?

Texas medical malpractice claims are governed in part by Chapter 74 of the Texas Civil Practice and Remedies Code.

Texas law generally establishes a two-year limitations period for healthcare liability claims and also contains provisions involving children as well as a 10-year statute of repose.

However, calculating the actual deadline in a birth injury case can be considerably more complicated than simply counting two years from the child’s birth.

Texas courts have also addressed how limitation provisions apply to minors, and different claims arising from the same injury may require separate analysis.

Factors may include:

• The child’s age
• When the medical treatment occurred
• Which family member’s claim is being considered
• The nature of the damages being sought
• Other circumstances affecting the applicable deadline

For that reason, parents shouldn’t rely on a general internet deadline—or assume that their child’s young age automatically preserves every possible claim.

The safest approach is to determine the deadline applicable to the specific circumstances as early as possible.

The Child’s Claim and the Parents’ Claims May Be Different

Another issue families may not realize is that a serious injury to a child can potentially create different legal claims.

Some damages may belong to the injured child, while others may involve losses claimed by the parents.

Those claims don’t necessarily operate identically under limitations law.

This is another reason a statement such as “we have until our child turns 18” can oversimplify a complicated legal issue.

What If Your Child Isn’t Diagnosed Until Years After Birth?

This is one of the hardest situations families face.

Imagine that parents leave the hospital believing their baby is healthy. Over the next year, they notice motor delays. Their pediatrician recommends therapy. Eventually, the child sees a neurologist. Months later, the family receives a cerebral palsy diagnosis.

Only then do the parents begin wondering whether complications during labor might be connected.

This timeline isn’t unusual from a developmental perspective.

The CDC notes that cerebral palsy is generally diagnosed during the first or second year of life, while children with milder symptoms may not receive a confirmed diagnosis until several years later.

That’s precisely why families should avoid making assumptions about legal deadlines based solely on when a diagnosis was made.

What Parents Can Do If They Have Questions About Their Child’s Birth

If your child’s development or diagnosis has caused you to wonder about what happened during labor or delivery, there are several practical steps you can take.

1. Write Down What You Remember

Create a timeline while memories are still available.

Include:

• When labor began
• What you were told about the baby’s condition
• Any changes in fetal monitoring
• When doctors entered or left the room
• Discussions about a C-section or other intervention
• What happened immediately after delivery
• Whether the baby required resuscitation or NICU treatment

Don’t worry about using medical terminology. Record what you remember.

2. Obtain the Medical Records

Request the mother’s labor and delivery records as well as the baby’s newborn and NICU records.

A hospital discharge summary alone may not contain everything needed to understand the delivery.

3. Monitor Your Child’s Development

Track developmental milestones and discuss concerns with your child’s pediatrician.

Developmental screening can help identify children who may need further evaluation.

Parents concerned about their child’s development can also contact their state’s early intervention program. A confirmed cerebral palsy diagnosis isn’t necessarily required before requesting an early-intervention evaluation.

4. Continue Appropriate Medical Evaluation

Legal questions should never replace medical care.

If your child is experiencing developmental delays, abnormal movements, seizures, feeding difficulties, or other neurological concerns, talk with the child’s healthcare provider and ask whether evaluation by a developmental pediatrician, pediatric neurologist, or another specialist is appropriate.

5. Find Out Whether a Legal Deadline Applies

You don’t have to decide whether malpractice occurred before asking about your legal rights.

An attorney experienced in birth injury and medical malpractice cases can evaluate the applicable deadlines and determine whether medical records should be reviewed by appropriate experts.

Questions Parents Frequently Ask About Potential Birth Injury Cases

Does a NICU stay mean my baby suffered a birth injury?

No. Babies are admitted to the NICU for many reasons, including prematurity, respiratory problems, infections, low birth weight, congenital conditions, and complications associated with delivery.

A NICU admission alone does not establish medical negligence.

Does HIE automatically mean malpractice occurred?

No. HIE or neonatal encephalopathy can have different causes. Determining whether medical care contributed requires evaluating the medical circumstances surrounding pregnancy, labor, delivery, and the newborn period.

Does a low Apgar score prove negligence?

No. Apgar scores provide information about a newborn’s condition shortly after birth, but an individual score does not by itself establish why the baby was struggling or whether malpractice occurred.

Can a birth injury be investigated years later?

Potentially, yes. Medical records and expert review can sometimes help reconstruct events long after delivery. Whether a legal claim remains available, however, depends on the applicable laws and deadlines.

What if a review finds that nobody did anything wrong?

Then the family may have an important answer.

Investigating a child’s birth doesn’t require assuming negligence occurred. The purpose is to determine what happened and whether the medical care met appropriate standards.

Don’t Wait for Certainty Before Asking Questions

Perhaps the biggest misconception surrounding birth injury cases is that parents need to know malpractice occurred before speaking with someone about it.

They don’t.

Parents aren’t expected to interpret fetal heart tracings, understand neonatal blood gases, determine whether an emergency delivery should have happened sooner, or distinguish between different causes of neonatal brain injury.

Those questions often require specialized medical review.

If your child’s developmental challenges or diagnosis have caused you to look back at their birth and wonder whether something happened, gathering information is a reasonable first step.

Sometimes the answer will be that the injury couldn’t have been prevented.

Sometimes further investigation may raise legitimate questions about the care provided.

Either way, families deserve accurate information about what happened to their child.

Listen: Why Parents Often Don’t Realize They Have a Birth Injury Case—Until It’s Too Late

Want to explore this topic further?

In our podcast episode, “Why Parents Often Don’t Realize They Have a Birth Injury Case—Until It’s Too Late,” we discuss why potential birth injuries may not become apparent until months or years after delivery, what medical records can reveal, and why families shouldn’t assume they have unlimited time simply because their child is young.

We also explain the difference between a difficult medical outcome and potential medical negligence and what parents can do when they simply want answers about what happened.

Have Questions About What Happened During Your Child’s Birth?

You don’t need to know whether medical negligence occurred before asking questions. If your child has been diagnosed with cerebral palsy, HIE, a brain injury, or significant developmental delays, our birth injury attorneys can review the circumstances surrounding the delivery and help you understand your legal options.

Don’t assume you have unlimited time to get answers. Contact us today for a free, confidential case review.