Seeing your baby develop into a toddler is an exciting experience full of surprises. The first smile, the first word, the first step—every step is cause for celebration in your home. But what if the developmental milestone doesn’t happen when expected?
At The Oakes Firm, our Philadelphia medical malpractice lawyer has experienced firsthand the immense stress caused by delayed development. While all children have unique timelines, some are not simple delays but permanent damage caused by a birth injury. Recognizing whether your child's delayed development is merely a matter of time or something more serious can make all the difference for your child's future.
Understanding Developmental Milestones
Developmental milestones are behaviors or physical skills seen in infants and children as they grow. These are generally categorized into four main areas:
- Gross Motor Skills: Using large muscles (sitting, crawling, walking).
- Fine Motor Skills: Using small muscles (grasping a spoon, pincer grasp).
- Language Skills: Speaking, gesturing, and understanding others.
- Social/Emotional Skills: Interacting with others and responding to emotions.
A wait-and-see tactic is common in cases involving minor delays. Although at times this policy may be valid, it might not always produce positive results. In some instances, when the problem originates from a brain injury during birth, waiting may result in the loss of opportunity to undertake the best treatment possible.
When a Delay Points to Medical Negligence
Medical negligence occurs when a healthcare provider (doctor, nurse, or hospital) fails to meet the accepted "standard of care," resulting in injury to the patient. In birth injury cases, this often happens during the high-pressure moments of labor and delivery.
If your child is missing milestones, it is important to look back at the circumstances of their birth. Ask yourself if any of the following occurred:
1. Oxygen Deprivation (Hypoxia)
If the umbilical cord was compressed, the placenta detached prematurely, or the baby was stuck in the birth canal for too long, the brain may have been deprived of oxygen. This can lead to permanent neurological damage that manifests as motor or cognitive delays months later.
2. Failure to Perform a Timely C-Section
When a baby shows signs of fetal distress (such as a dropped heart rate), the medical team must act quickly. A delay of even a few minutes in performing an emergency C-section can be the difference between a healthy recovery and a lifetime of disability.
3. Improper Use of Delivery Tools
Forceps and vacuum extractors are powerful tools. If used with excessive force or improper technique, they can cause skull fractures, brain bleeds, or nerve damage (such as Brachial Plexus injuries).
Key Red Flags by Age
While only a medical professional can diagnose a birth injury, parents should be vigilant for these specific "red flags" that often correlate with birth trauma:
At 3 to 6 Months:
- Poor Head Control: The baby’s head flops back when being pulled to a sitting position.
- Stiffness or Floppiness: The baby feels unusually "stiff" (hypertonia) or like a "ragdoll" (hypotonia).
- Fisted Hands: Constantly clenched fists after the newborn stage.
At 6 to 12 Months:
- Asymmetrical Movement: Favoring one side of the body while crawling or reaching.
- Failure to Sit: Not sitting up without support by 9 months.
- Lack of "Babbling": Not making vocal sounds or responding to their name.
At 18 to 24 Months:
- Inability to Walk: Not walking independently by 18 months.
- Toe Walking: Consistently walking on tiptoes, which can be a sign of spasticity.
- Regression: Losing skills they previously had (e.g., stopping the use of words they once knew).
The Role of a Birth Injury Lawyer
You might wonder, “Why do I need a lawyer? I need a doctor.” The reality is that raising a child with a birth injury is astronomically expensive. Costs for specialized physical therapy, speech pathology, home modifications, and long-term care can reach into the millions of dollars over a lifetime.
A birth injury lawyer serves several vital functions:
- Investigation: We obtain and review medical records, fetal heart monitor strips, and hospital logs to find exactly where the standard of care was breached.
- Expert Testimony: We work with leading medical experts to prove that your child’s delays were preventable and caused by specific medical errors.
- Securing the Future: A successful legal claim provides a "Life Care Plan," ensuring your child has the financial resources they need for the highest quality of life possible.
Taking the Next Step With a Birth Injury Lawyer
It is more than just a case when it comes to medical malpractice at The Oakes Firm – it is about your family finding answers. Malpractice lawsuits are difficult, with hospitals and insurance companies having an entire legal team whose job is to deny claims. At The Oakes Firm, we understand the ins and outs of medical malpractice. If your child's delayed milestones are because of negligence in the delivery process, we can help.
Don't ignore your instincts when they tell you something happened to your baby during childbirth. It is not necessary for you to have received a definitive diagnosis of Cerebral Palsy or HIE before contacting us for legal advice. Free and confidential consultations are available at The Oakes Firm. Contact us today to learn what your options might be moving forward.