The first few months of your child’s life are usually filled with a whirlwind of doctor visits, sleepless nights, and the excitement of reaching new milestones. For most parents, the primary focus is on feeding, growth, and bonding. But, unfortunately, for some families, a nagging sense of unease begins to develop as the months pass. You may notice that your baby is not hitting certain developmental marks, or perhaps they are moving in a way that seems unusual.

It is a common misconception that all birth injuries are immediately apparent in the delivery room. While some traumatic injuries or acute distress are identified the moment a baby is born, many others remain hidden until the child’s nervous system and motor skills begin to mature. Discovering that your child may have suffered a preventable injury during labor or delivery months after the fact can be overwhelming. You may feel a mix of confusion, guilt, and anger. Understanding the steps you should take both medically and legally is the first step toward securing the support your child needs for the future.

Understanding Why Some Birth Injuries Are Delayed

The human brain and nervous system undergo incredible changes during the first year of life. Because an infant’s capabilities are limited at birth, certain neurological deficits may not manifest until the baby is expected to perform more complex tasks. For example, a baby who suffered mild oxygen deprivation during birth may appear healthy at first because their basic reflexes are intact. It is only when they reach the age where they should be rolling over, sitting up, or grasping objects that the underlying damage becomes visible.

In many cases, the discovery of a birth injury is a gradual process rather than a single moment. It often begins with a parent noticing that their child feels unusually stiff or, conversely, very limp. These symptoms, known as hypertonia and hypotonia, are frequently early indicators of conditions like Cerebral Palsy or the long-term effects of Hypoxic-Ischemic Encephalopathy (HIE). When these signs appear months after you have left the hospital, it is vital to trust your instincts and take proactive steps to investigate the cause.

Step 1. Monitor and Document Developmental Milestones

The most important tool you have as a parent is your observation. Pediatricians use a standard set of milestones to track a child’s progress. If you suspect something is wrong, you should begin keeping a detailed log of your child’s development. Focus on the following areas during the first six to nine months:

• Motor Skills: Is your baby able to hold their head up by four months? Are they rolling over in both directions? Do they seem to favor one side of their body over the other when reaching for toys?
• Muscle Tone: Does your baby’s body feel rigid when you try to dress them? Does their head lag significantly when you lift them up?
• Reflexes and Movements: Are you noticing tremors, jerky movements, or repetitive motions that seem involuntary?
• Feeding and Swallowing: Is your baby having significant difficulty nursing, taking a bottle, or transitioning to solid foods? Frequent choking or an inability to latch can sometimes be linked to neurological issues.

Documenting these observations with dates and specific examples will be incredibly helpful when you speak with medical professionals. If possible, take videos of the behaviors that concern you. A short clip of a specific movement can provide a doctor with more information than a verbal description alone.

Step 2. Seek a Comprehensive Medical Evaluation

If you have concerns about your child’s development, your first point of contact should be your pediatrician. Nonetheless, if you feel your concerns are being dismissed as “normal variation,” do not hesitate to seek a second opinion or a referral to a specialist. To identify a birth injury that has surfaced months later, you will likely need to see a pediatric neurologist or a developmental pediatrician.

These specialists have the tools to perform more in-depth testing. This may include an MRI or CT scan to look for signs of brain tissue damage or scarring that may have occurred during birth. They may also suggest an Electroencephalogram (EEG) if there are concerns about seizure activity. Getting a formal diagnosis is essential for two reasons. First, it allows your child to begin early intervention therapies, such as physical or occupational therapy, which can significantly improve their long-term outcomes. Second, it provides a medical baseline that links your child’s current condition to potential events that occurred during their birth.

Step 3. Secure Your Complete Medical Records

Once you suspect that a birth injury may be the cause of your child’s delays, you need to gather the “story” of their birth. This involves requesting the complete medical records for both the mother and the infant. It is important to ask for the full un-redacted chart, not just the discharge summary.

Specific items to look for include:

• Fetal Monitoring Strips: These provide a minute-by-minute account of the baby’s heart rate during labor. They can show whether the baby was in distress and how the medical staff responded.
• Apgar Scores: These scores, taken at one and five minutes after birth, rate the baby’s physical condition. Low scores can be an early indicator of oxygen deprivation.
• Lab Results: Records of the baby’s blood gas levels shortly after birth can provide critical evidence of whether the child was receiving enough oxygen.
• Nursing Notes: These often contain details about the mother’s labor progression and any complications that may not have been highlighted in the doctor’s brief summary.

Securing these records early is vital because they are the primary evidence used to determine if the standard of care was met during your delivery.

Step 4. Understanding the Legal Concept of the Discovery Rule

One of the most common questions parents ask is whether they have waited too long to take legal action. Because birth injuries are often discovered months or even years later, the law provides a protection known as the discovery rule. In many jurisdictions, the timeline for filing a legal claim (the statute of limitations) does not necessarily begin on the day the child was born. Instead, it may begin on the day that you discovered, or reasonably should have discovered, that an injury occurred and that it might have been caused by medical negligence.

This rule exists specifically because the medical community recognizes that developmental delays take time to manifest. You should not be penalized because your child’s symptoms were not immediately obvious. That being said, legal timelines are strict and can be complex, especially when they involve government-run hospitals or specific state mandates. Understanding your rights regarding this discovery window is a critical part of the process.

Step 5. Evaluate the Standard of Care

Not every birth injury is the result of medical malpractice. Some complications are truly unavoidable. Regardless, medical professionals are held to a specific standard of care. This means they must act in a way that a reasonably competent professional with similar training would act under the same circumstances.

When a birth injury is discovered months later, an investigation will focus on whether the medical team deviated from this standard. For instance, did the obstetrician fail to order a timely C-section despite signs of fetal distress? Did the nursing staff fail to recognize that the mother’s uterus was being overstimulated by labor-inducing drugs? If a healthcare provider’s failure to follow protocols resulted in your child’s injury, they may be held accountable for the resulting damages, including the costs of lifelong care and therapy.

Step 6. The Importance of a Daily Care Journal

As you navigate the months following the discovery of an injury, your life will likely change. You may find yourself attending multiple therapy sessions a week, purchasing specialized equipment, or even missing work to care for your child. Keeping a daily journal that tracks these challenges is highly beneficial.

Note down the appointments your child attends, the medications they are prescribed, and the specific struggles they face in their daily life. This journal serves as a powerful record of the human cost of the injury. It moves beyond medical codes and charts to show the real-world impact on your child and your entire family.

Why Taking Action Now Matters

The discovery of a birth injury months after delivery is a traumatic experience, but taking these steps can help you move from a place of uncertainty to a place of empowerment. Early medical intervention is the best way to help your child reach their full potential. Simultaneously, investigating the cause of the injury ensures that you have the resources necessary to provide that care.

By documenting milestones, seeking specialists, and securing medical records, you are building a foundation for your child’s future. You are also ensuring that if negligence did occur, those responsible are held to the standard that every patient deserves. The path forward may be difficult, but you do not have to walk it without information and support.

Contact New Jersey Birth Injury Lawyers Today for a Consultation About Your Case

At Fronzuto Law Group, we understand that discovering a birth injury months after your child’s arrival brings up difficult questions that deserve clear, compassionate answers. Our team focuses on investigating these complex medical timelines to help families find the clarity they need. We provide dedicated support to parents throughout New Jersey, including those navigating these challenges in Bergen, Essex, Morris, and Somerset counties.

Our advocacy also extends to families in Passaic, Hudson, and Middlesex, as well as those throughout New York and across the United States. We are here to help you evaluate the standard of care your child received and ensure your family has the resources needed for the road ahead.

If you suspect your child’s developmental delays are the result of medical negligence, we invite you to reach out to us to discuss your situation in a supportive and confidential environment.

Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.