When a child isn’t meeting developmental milestones, parents often wonder why. In some cases, developmental delays stem from birth injuries that could have been prevented. Understanding the warning signs—and when they point to medical negligence—can help families get answers and the resources their children need.
What Are Developmental Delays?
Developmental delays occur when a child doesn’t reach expected milestones within the typical age range. These delays can affect one or more areas of development:
- Motor development – Rolling over, sitting, crawling, walking, fine motor skills
- Cognitive development – Learning, problem-solving, reasoning
- Speech and language – Babbling, first words, sentence formation, comprehension
- Social-emotional development – Eye contact, smiling, playing with others, emotional regulation
- Adaptive/self-help skills – Feeding, dressing, toileting
When delays occur in multiple areas, it’s called “global developmental delay.” This pattern is often associated with brain injuries that occurred around the time of birth.
Early Warning Signs Parents Notice
Parents often sense something is different before formal diagnosis. Warning signs in the first year include:
0-3 Months
- Difficulty feeding or weak suck
- Doesn’t respond to loud sounds
- Doesn’t watch faces or follow objects with eyes
- Seems unusually stiff or floppy
- Doesn’t bring hands to mouth
4-6 Months
- Doesn’t reach for objects
- Doesn’t respond to sounds or smiles
- Difficulty holding head up
- Cannot roll over in either direction
- Seems unusually quiet or passive
7-12 Months
- Cannot sit without support
- Doesn’t bear weight on legs when supported
- Doesn’t babble or make sounds
- Doesn’t respond to name
- Doesn’t point or wave
- Favors one side of body significantly
12-24 Months
- Cannot walk by 18 months
- No single words by 16 months
- No two-word phrases by 24 months
- Loses previously acquired skills
- Doesn’t imitate actions or words
The Connection to Birth Injuries
Developmental delays can result from brain damage that occurred during labor and delivery. The developing brain is highly vulnerable, and injuries can affect the areas responsible for movement, cognition, and communication.
Hypoxic-Ischemic Encephalopathy (HIE)
Oxygen deprivation during birth can damage brain areas that control development. Even babies who initially seem to recover may later show developmental delays as expected milestones approach.
Intracranial Hemorrhage
Brain bleeding from traumatic delivery or other causes can damage developing brain tissue. The location and extent of bleeding determine which developmental areas are affected.
Periventricular Leukomalacia (PVL)
This condition, common in premature infants but also occurring in full-term babies after oxygen deprivation, involves damage to the white matter surrounding the brain’s ventricles. PVL often causes motor and cognitive delays.
Kernicterus
Severe, untreated jaundice can cause brain damage affecting hearing, movement, and cognition. This is entirely preventable with proper monitoring and treatment.
When to Suspect Medical Negligence
Not all developmental delays result from birth injuries, and not all birth injuries result from negligence. However, certain factors suggest medical error may have played a role:
Concerning Birth History
- Difficult or prolonged labor – Especially with fetal distress
- Emergency cesarean section – Particularly if delayed
- Low Apgar scores – Especially scores below 5 at 5 minutes
- Need for resuscitation – Baby not breathing at birth
- Cooling therapy – Treatment for HIE indicates significant oxygen deprivation
- NICU admission – Especially for breathing problems or seizures
- Seizures in first 72 hours – Strong indicator of birth-related brain injury
Red Flags in Medical Records
- Abnormal fetal heart rate patterns during labor
- Documentation of “fetal distress”
- Cord blood gas results showing acidosis (low pH)
- Notes about shoulder dystocia or difficult delivery
- Extended time between decision for C-section and delivery
- Forceps or vacuum extractor use with complications
Imaging Findings
- MRI showing brain damage consistent with oxygen deprivation
- Ultrasound evidence of brain bleeding
- Pattern of injury suggesting acute (sudden) rather than chronic cause
Early Intervention Services
Regardless of cause, children with developmental delays benefit from early intervention. In Illinois, children under age 3 with delays or disabilities are entitled to services through the Illinois Early Intervention Program. Services may include:
- Physical therapy
- Occupational therapy
- Speech-language therapy
- Developmental therapy
- Assistive technology
- Family training and counseling
After age 3, children with disabilities receive services through the school system under the Individuals with Disabilities Education Act (IDEA).
Why Investigation Matters
Investigating whether medical negligence caused your child’s developmental delays serves multiple purposes:
Understanding what happened – Parents deserve answers about their child’s condition.
Securing resources – Children with significant delays may need lifelong support. Compensation from a malpractice case can fund therapy, special education, medical care, and future needs.
Preventing future harm – Holding negligent providers accountable can prevent similar injuries to other families.
The Investigation Process
Birth injury attorneys work with medical experts to determine whether negligence caused developmental delays:
- Medical record review – Obtaining and analyzing all prenatal, labor/delivery, and neonatal records
- Fetal monitoring analysis – Expert interpretation of heart rate patterns
- Imaging review – Neuroradiologists assess brain imaging for evidence of birth-related injury
- Timeline reconstruction – Determining exactly when and how injury occurred
- Causation analysis – Connecting the birth events to current developmental problems
Illinois Statute of Limitations
Under 735 ILCS 5/13-212, medical malpractice claims for minors must generally be filed within 8 years of the negligent act. This gives families time to identify developmental delays that may not be apparent at birth. However, investigating early—while records are complete and witnesses’ memories are fresh—produces the best results.
Getting Your Child Evaluated
If you’re concerned about your child’s development, take these steps:
- Talk to your pediatrician – Express specific concerns about missed milestones
- Request developmental screening – Standardized assessments can identify delays
- Contact Early Intervention – You can self-refer; a doctor’s referral isn’t required
- Keep records – Document milestones, concerns, and observations
- Request your child’s birth records – You’re entitled to complete medical records
Contact an Illinois Birth Injury Attorney
If your child has developmental delays and you believe a birth injury may be responsible, contact Phillips Law Offices for a free case evaluation. We can review your child’s birth records, consult with medical experts, and advise you on whether you have a viable claim.
Call Phillips Law Offices at (312) 598-0917. We handle birth injury cases on contingency—you pay nothing unless we recover compensation for your family.