Brain Damage at Birth: When Is It Medical Malpractice?

Bringing a baby into the world is supposed to be one of the purest, most unforgettable moments of your life. It’s what so many parents dream about, right? You spend months preparing, imagining that first cry, holding your baby close for the very first time. But for some families, things don’t go the way they should. What starts as a day full of hope can spiral into something unthinkable.

When complications lead to brain damage during birth, everything changes. It’s not just the baby’s life that’s affected; it’s the entire family. The dreams, the plans, the expectations — they all shift in an instant. And the hardest part? Knowing those effects might last a lifetime. You can’t help but wonder: Could it have been prevented?

If the answer is yes, and it happened because of mistakes made by medical professionals, then it might be time to talk about negligence — specifically, medical malpractice. But how do you even begin to decipher what went wrong?

What causes brain damage during birth?

Brain injuries during birth happen for many reasons. Sometimes, it’s just one of those tragic things that no one could see coming. But other times, it’s because someone failed to act, acted too late, or made a wrong decision.

A few common causes include:

• Oxygen deprivation: This is when a baby’s brain doesn’t get enough oxygen. It’s often referred to as an anoxic brain injury during childbirth. Causes might include:
  • Long, drawn-out labor where the baby is stuck for hours.
  • The umbilical cord gets wrapped around the baby’s neck or pinched.
  • Doctors or nurses not responding fast enough when the baby’s heart rate drops.
• Physical injuries during delivery: This can happen if tools like forceps or vacuums are used incorrectly, causing trauma to the baby’s skull or brain. Or if the baby gets stuck in the birth canal and no one intervenes when they should have.
• Failure to treat complications in the mother: If a mother is showing signs of high blood pressure (which could mean preeclampsia), it can put both her and the baby in danger. Delays in delivering the baby can lead to long-term damage.

What’s most frustrating is knowing that, in so many cases, these situations weren’t inevitable. They weren’t acts of fate. They were preventable with the right care.

What’s the difference between a tragedy and negligence?

Not every bad outcome is because someone didn’t do their job. Life’s messy, and medicine isn’t an exact science. But when does a heartbreaking event cross the line into brain injury medical negligence? That’s the hard part.

Here’s the key thing to remember: Negligence happens when a medical professional fails to meet the standard of care. That means they either didn’t do something they should’ve done or they did something that caused harm. It’s not about expecting perfection; it’s about expecting competence.

For example:

• A doctor delays an emergency C-section when it’s clear the baby is in distress.
• Signs of fetal distress (like a dangerously low heart rate) are ignored, and no action is taken.
• A nurse doesn’t notice or report something critical, like the mother’s blood pressure spiking.
• Forceps or vacuums are used incorrectly, causing direct harm to the baby.

If another competent, attentive doctor or nurse could have prevented the injury through different actions, the situation could involve medical negligence.

What does this do to families?

The effects of brain damage during birth don’t stop once you leave the hospital. For many families, the real challenges start months or even years later when they begin to understand the full extent of their child’s injury.

Take a moment to picture it. Watching your child struggle to meet milestones. Knowing they’re in pain or can’t do what other kids can do. Facing specialist after specialist. Therapy. Equipment. Doctor’s bills. It’s exhausting — emotionally, physically, and financially.

Families often face:

• Lifelong conditions: Many kids with brain injuries during birth end up diagnosed with things like cerebral palsy, which can affect mobility, speech, and even day-to-day activities.
• Huge medical bills: Between therapies (speech, physical, occupational), adaptive equipment (like wheelchairs or communication devices), and specialized care, the costs add up fast.
• Lost income: One parent might have to leave work to focus full-time on caregiving, which can hurt the family’s financial stability even more.

And through all of this, a question lingers in the back of the parents’ minds. Could this have been prevented? When the answer is yes, it’s devastating. And it’s okay to want answers and accountability.

Who’s responsible?

When a baby suffers a brain injury due to medical negligence, it’s natural to start looking for who’s at fault. It’s not about blaming someone for the sake of it. It’s about figuring out what went wrong so that steps can be taken to make it right (as much as possible).

Here are a few potential responsible parties:

• Doctors: They’re the ones making big decisions during labor and delivery, like when to perform a C-section or whether to use certain tools. If they hesitate or make the wrong call, the results can be devastating.
• Nurses: Nurses are the eyes and ears during labor. They’re supposed to monitor the baby’s heart rate and the mother’s vitals and raise alarms if something doesn’t look right. Failing to act or communicate concerns can be just as harmful as a doctor’s mistake.
• Hospitals or birthing centers: Sometimes, it’s not about an individual but rather the environment. Understaffing, outdated equipment, or inadequate training can all contribute to these kinds of tragedies.

Ohio law allows families to bring a claim against any party whose negligence caused harm. That said, these cases are rarely straightforward. They require evidence, experts, and patience.

What should you do if this happens?

If you believe your child suffered brain damage during birth, and it might’ve been due to medical mistakes, here are a few things to keep in mind:

1. Write everything down: Details matter. Any memory of what happened during labor and delivery could help piece together the full picture.
2. Get medical records: Your child’s medical records and the mother’s delivery records will be crucial in identifying what went wrong.
3. Watch for developmental delays: Not all birth injuries are obvious at first. Keep an eye on your child’s physical and cognitive development.
4. Talk to an attorney: Medical malpractice cases are complex. You need someone who can help you make sense of what happened and figure out your options.

And don’t wait too long. Ohio law gives families one year from the date of injury (or when you discovered it) to file a claim. That’s not a lot of time. Ohio Revised Code 2305.113 spells it out pretty clearly.

You don’t have to do this alone

Dealing with brain injuries caused by medical negligence can feel impossible some days. It’s heavy. It’s life-altering. And you’re probably already stretched thin trying to take care of your child. The good news? There are people who can help.

If you or someone you know is dealing with the fallout of medical errors during childbirth, talk to an experienced Ohio attorney from Crandall & Pera Law, LLC. They can walk you through your options, fight for the compensation you need, and give you one less thing to worry about.

Reach out for a free consultation. You focus on your family and recovery, and we’ll focus on your case. Together, you can rebuild and hold those responsible accountable. No one should have to face this kind of heartbreak alone, and with the right help, you won’t have to.