So, the question is were these signs present for the birth injury? For some families questions arise following a brain injury at birth around what may have happened during labor and delivery. In other words, families begin to reflect upon the labor and delivery experience. It can be here that some mothers began in unfairly blame themselves for the injury. The truth of the matter is that in some cases there is no fault to assess to the mother, or father too, in the case of genetics. The cause is sometimes attributed to birth trauma, something neither parent could have control over. HIE, or hypoxic ischemic encephalopathy can be a type of brain injury that a baby can suffer at birth if there are blood and oxygen problems present.


The question that can come back to many mothers is were their signs present which may have suggest that their baby was struggling during labor and delivery. As a result, I will touch on were these signs present for the birth injury? Remember, this list is not exhaustive, and must be viewed in the totality of all the circumstances of the labor and delivery. To reach a conclusion from a medical legal standpoint of whether medical malpractice was the cause of the baby’s brain injury at birth requires a full workup and investigation by a birth injury attorney.




During labor and delivery doctors and nurses can use the electronic fetal heart monitor to help assess your baby’s well-being. The monitor will track not only the baby’s heart rate, but it will also gauge things like variability, acceleration, and deceleration patterns, among other things.


If there are problems on the monitor, doctors and nurses can use conservative measures like moving mom around. For example, placing mom on her left side can help if the baby is having well-being issues. In addition, providing mom an IV can also assist. Finally, providing oxygen to mother can help.


The above conservative measures, with the backdrop of meconium in the fluid when the water breaks can suggest that doctors and nurses must pay extremely close attention to mother and baby. Meconium by itself may not be cause for fetal distress, but with added problems on the fetal heart monitor can suggest close observation and treatment for mother and baby.




Following birth, when a possible brain injury is present, the parents might see certain things. For example, the baby might be discolored (blue or purplish in color). Also, the baby might be struggling to breath, or not breathing at all. The baby may also have low APGAR scores too.


With the above noted, and more so when meconium is present, the NICU team might already be in the delivery room waiting on a handoff or might be on their way to assist. Depending on how emergent the situation is, parents might notice all this happening at a hurried pace.




When a baby has suffered a brain injury at birth, namely a brain injury, parents want answers, and deservedly so! Any of the things mentioned in the article, and supporting video, by themselves may not indicate problems. However, when taken as a sum, strong evidence may exist that the baby was not tolerating the vaginal delivery and doctors and nurses had to pay close attention to the progression of labor.


If you have questions and would like to speak with me further about your baby’s brain injury at birth this is what I invite you to do. There is a telephone number down below go ahead and pick up the phone and call me. I speak with families all the time about HIE, CP, MAS another birth trauma related issues and I would be happy to listen to your story.


Marcus B. Boston, Esq.

Boston Law Group, LLC

2 Wisconsin Circle, Suite 700

Chevy Chase, Maryland 20815


1-833-4 BABY HELP

Marcus Boston is a Maryland medical malpractice attorney who helps people navigate the Maryland childbirth injury and medical malpractice process to get money for their injuries caused by the carelessness of doctors and hospitals. BLG handles cases in Prince George’s County, Baltimore City, Montgomery County, Howard County, Anne Arundel County, and all other Maryland Counties. blgesq Maryland birth injury attorneys