Delayed Diagnosis of Birth Injuries: Symptoms, Causes and Your Legal Rights

Birth injuries are often identified shortly after delivery, but not all complications are immediately obvious. Some conditions may only become apparent months, or even years later as your baby starts to develop.

In some cases the child’s injury may be a direct cause of substandard care during the perinatal period, and you may be entitled to compensation as a result. The perinatal period is from pregnancy until 1 year post birth of your child. It is important to be able to identify these signs of birth injury to ensure that your child is provided the correct treatment and therapy that they may require. We can assist with obtaining treatment for your child to include specialised therapy such as hydrotherapy, and any aids and equipment, single storey accommodation and specialist treatment that may be required.

Parents may not connect developmental concerns to issues experienced during labour, however there may be a potential claim for a negligently caused birth injury in the following circumstances;

• Failure to act quickly in emergencies such as a failure to escalate to emergency caesarean section

• Missing or misdiagnosing health conditions in the mother or baby that require medical attention

• Failure to monitor for signs of fetal distress, or maternal complications before, during, or after birth

• Incorrectly using forceps or vacuum extractors, increasing the risk of head trauma or nerve damage to the infant

• Using excessive force during childbirth, leading to fractures, nerve injuries, or brain bleeds

This article will summarise the types of birth injuries that can present later in childhood and will identify some of the signs that parents should look out for. We hope that this will encourage those who may have experienced negligent care before or during delivery to come forward. The Clinical Negligence team at Forbes Solicitors have a breadth of experience dealing with birth injury claims, and is well equipped to provide expert support.

Why Some Birth Injuries Are Not Diagnosed on Delivery

Not all injuries caused during labour or delivery will produce obvious symptoms at birth and will emerge over time as the infant develops. Birth injuries may lead to impairments in motor skills, speech, and social behaviours that will only become evident when the child is growing. The child may appear healthy in the neonatal period, but may later show signs indicative of birth injury, which will be explored below.  Quite often issues can be visualised on an MRI scan of the brain.

 Birth Injuries that may have delayed presentation:

• Hypoxic-Ischaemic Injury (HIE) and Cerebral Palsy caused by oxygen starvation to the infant before or during childbirth; red flag signs may include delays in crawling, standing, or walking, muscle stiffness, floppiness, or poor posture, poor coordination and balance, and delays in talking or swallowing difficulties. Cerebral palsy is often diagnosed between 12–24 months.

• Erb’s Palsy caused by nerve damage from shoulder dystocia. Signs of Erb’s Palsy may include reduced movement or strength in one arm, asymmetrical crawling, limited shoulder mobility, muscle weakness or an underdeveloped arm appearance.

Children with undiagnosed brain injuries may exhibit signs of:

• Issues with cognitive development which often become obvious when a child starts to attend nursery or school. This may include problems with attention and concentration, poor memory and processing abilities, and challenging behaviours.

• Seizures that do not develop until a later date.

• Sensory difficulties such as hearing loss, visual impairment and sensitivity to light or sound.

Key Developmental Milestones to Monitor

While issues with meeting milestones does not necessarily indicate an undiagnosed birth injury, some important development milestones which may suggest late onset birth injury include;

• 6–9 months: difficulty sitting independently

• 12–18 months: delays in walking or significant asymmetry in movement

• 18–24 months: limited speech or poor coordination

• 3–4 years: behavioural challenges, learning delays, or persistent motor problems.

How Forbes Solicitors Can Help You

Our expert solicitors will discuss your clinical negligence claim with you and ascertain whether you have a viable claim and a strong chance of success. We offer services nationwide. We can offer consultations by telephone or video call, or in any of our branches across the UK.

If you have experienced birth injury or need legal guidance, our team is here to help. For more information or to discuss your case, contact our Clinical Negligence division.