Understanding Latent Birth Injuries


Not all birth injuries are obvious. While damage to a baby’s bones or muscles show symptoms immediately, some birth injuries take much longer to display signs.

Improper delivery methods may cause brain damage, resulting in life-long developmental issues and challenges for the child. If you’re expecting a child, understanding latent birth injuries could equip you to detect early warning signs.

Causes of Latent Birth Injuries

There are several causes of latent birth injuries. Newborns may suffer brain damage when they are cut off from oxygen during the birthing process. This could be because the doctor waited too long to schedule an emergency C-section or even because the hospital staff failed to monitor the mother’s vitals.

Several specialized therapy plans exist for oxygen-deprived newborns. With a proper treatment plan, many babies make a full recovery, never knowing they had complications at birth. Others are less fortunate and may be changed forever.

Warning Signs of a Latent Birth Injury

While it might be difficult to distinguish a latent birth injury from delayed developmental steps, there are a few warning signs you can look for from the day you bring your child home. These include:

  • Your baby doesn’t react to loud noises.
  • Your baby never smiles or laughs
  • Your child misses developmental milestones, such as talking, touching, or walking.

The Discovery Rule

As a resident of Ohio, you have some protections when it comes to filing a latent birth injury claim. Most birth injury claims must be filed by the baby’s first birthday. However, the discovery rule can extend that timeframe.

If you could not have reasonably discovered symptoms of a birth injury within three years, but discover the injury later, you may file a claim until your child’s fourth birthday. This extra time allows parents to seek just compensation for latent birth injuries caused by medical malpractice.

If your child suffered a latent birth injury, you might be able to pursue damages. If you’d like an experienced Ohio medical malpractice attorney to fight for your child, please don’t hesitate to call The Moore Law Firm at (513) 232-2000 or send us an email.

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If you have been injured or have lost a loved one as a result of another person's negligence, you deserve to be fully compensated for your losses. The simple fact is that you should not be forced to pay the price for another person's careless or reckless actions.