How Can I Tell if My Baby Was Brain Damaged During Delivery?

 Posted on January 20, 2026 in Medical Malpractice

There’s no denying that childbirth is a stressful experience. When doctors and nurses fail in their duties, the health of the mother or the baby could be placed at risk. In more serious cases, the child could be left with lasting injuries, including brain damage. If you suspect that your baby suffered brain damage during delivery, reach out to a Rockford, IL medical malpractice attorney.

At Mannarino & Brasfield, A Division of Schwartz Jambois, we take birth injuries incredibly seriously. When you work with our firm, we will take aggressive measures to hold the right people accountable for your child’s injuries, seeking full payment for your damages. You will only pay for our services if we win, so don’t hesitate to get in contact with us.

Early Signs of Brain Damage in Infants

Possible signs of infant brain damage can show up very soon after birth. Some babies seem very sleepy all the time and are hard to wake. Nurses or parents may notice that the baby has trouble breathing regularly, turns blue around the lips, or has trouble feeding without choking or gagging.

Muscle tone is another important clue. A baby’s body may feel very floppy, or the baby may seem stiff and hard to move. The infant may not move one side of the body as much as the other, or fall behind other babies in smiling or holding up the head. The infant may also struggle to track objects with his or her eyes. 

If you notice any of these symptoms in your child, be sure to see a doctor as soon as possible. Using data from the CDC, North American Community Hub Statistics estimates that birth injuries contribute to 20 percent of infant deaths in the country.

The Importance of Early Intervention for Infant Brain Damage

Early testing and treatment can make a major difference in a child’s future. When doctors suspect infant brain damage, they may order tests such as MRI scans or EEGs to look for the cause. Some babies have hypoxic-ischemic encephalopathy, or HIE, which is a type of brain injury caused by a lack of oxygen and blood flow around the time of birth.

HIE and similar injuries can lead to developmental problems, but prompt treatment can improve outcomes. Cooling therapy, seizure control, and support in the newborn intensive care unit may reduce damage to the brain when used right away. Aside from keeping your baby safe and healthy, early treatment can also help your case for a malpractice claim. A medical professional may be able to identify the exact cause of the injury and link it to negligence in the delivery room.

Are Neonatal Seizures Linked to Infant Brain Damage?

Neonatal seizures are seizures that happen in the first 28 days after birth. A baby may have repeated lip-smacking, eye flickering, jerking of one arm or leg, or brief episodes of stiffening or stopping breathing.

Seizures in a newborn are a red flag that something may be wrong in the brain. Lack of oxygen at birth, bleeding in the brain, infections, or serious chemical imbalances can all lead to seizures. Quick testing and treatment are critical to control seizures and limit further harm.

Getting Compensation for Infant Birth Injuries in 2026

Parents of a child with brain damage often face huge medical bills and long-term care needs. If the injury happened because a doctor, nurse, or hospital did not follow proper standards of care during pregnancy, labor, or delivery, the family may have a medical malpractice claim. A Rockford birth injury attorney can review records and speak with medical professionals. This can help show whether the care team missed warning signs or delayed needed treatment.

Negligent care can take many different forms. For instance, a nurse may ignore signs of fetal distress. A doctor might delay a needed C-section, misuse forceps or a vacuum extractor, or fail to address infection in the mother or baby.

Our attorneys can represent parents in negotiations for a settlement or litigation, pursuing full compensation. A birth injury lawsuit can factor in payment for present and future medical care, pain and suffering, and lost earning capacity.

Therapy for Infant Brain Damage

Therapy for infant brain damage does not follow a single path. Many children benefit from physical therapy to build strength, balance, and coordination. Occupational therapy can help with fine motor skills, feeding, and daily activities such as dressing or using adaptive equipment.

Speech and language therapy is also common. Some children need help learning to swallow safely or to use alternative communication devices. Behavioral and developmental therapies can support learning and social skills. Families may receive training so that they can continue exercises and strategies at home. 

How Long Do You Have to File a Claim for a Birth Injury?

Illinois has specific time limits for filing medical malpractice and birth injury claims. In general, a lawsuit against a health care provider must be filed within two years of the date when the family knew, or should reasonably have known, about the injury.

There is also an outside deadline, called a statute of repose, that bars most claims more than four years after the medical error. For children who are injured at birth, Illinois law extends the time to sue to up to eight years after the act or omission, but no later than the child’s 22nd birthday. These rules come from the Illinois medical malpractice statute of limitations (735 ILCS 5/13-212).

These deadlines can be confusing, so parents should talk with a lawyer as soon as they suspect a preventable birth injury occurred. Waiting too long can lead to the loss of important legal rights, even if the claim would otherwise be valid.

Contact a Rockford, IL Infant Brain Injury Attorney

At Mannarino & Brasfield, A Division of Schwartz Jambois, we work closely with families to investigate breaches of duty by medical professionals. You deserve clear answers and support while you plan for your child’s care. Call 815-215-7561 or contact our Winnebago County, IL birth injury lawyers to set up a consultation.