The arrival of a new baby into the world should be one of the most memorable times of your life. However, in a few circumstances, that momentous occasion is disrupted by the unfortunate outcome of a birth injury.
Whether because of negligence by a health care provider or other unforeseen complications during labor and delivery, birth injuries can have lasting effects on a child’s health and development. During these stressful times, it is crucial that families comprehend what obligations they have for their child. We compiled a list of what families need to do after their child suffers a birth injury:
1. Keep Your Medical Records and Evidence of The Case
The most important thing parents can do is preserve all medical records and any evidence that may be available. That includes:
- Prenatal care records
- Labor and delivery notes
- NICU records
- Diagnostic imaging (MRIs, CTs)
- Communication and discharge summaries from the hospital
In addition, keep your own log of observations, treatment, expenses, and things noted about the progression or changes to your child’s condition. Documentation like this will be critical to supporting a timeline and understanding what went wrong.
2. Speak to a Medical Malpractice Attorney
Since birth injury claims often fall within the category of medical malpractice cases, you should choose a birth injury or medical malpractice attorney who has experience with these types of claims. The attorney you select should specialize in the field of birth injury law. A qualified attorney will assist you with:
- Determining if the injuries were the result of a negligent act
- Filing any required documentation with the court
- Negotiating a settlement with the insurance company or healthcare provider(s)
- Calculating future medical treatment needs and costs and damages costs
If you are searching for information about specific injuries such as erb’s palsy, searching Erb’s palsy lawsuit settlements can provide an idea of what families have recovered in compensation, and how attorneys construct their cases using a claim of medical negligence.
3. Prove That Medical Malpractice Resulted in Your Child’s Birth Injury
A birth injury lawsuit does not simply require that you show your child suffered an injury. You must also demonstrate that your child sustained the injury as a result of a negligent act by a healthcare provider. This will generally involve proving:
- A doctor-patient relationship existed
- The medical professional had a duty of care
- The duty of care was breached through action or inaction
- The breach caused harm to the child directly
The burden of proof relies on the evidence of experts, so the quality and specialization of your legal representation is crucial.
Endnote
A birth injury is an unforeseen traumatic experience for parents. However, if you take action, you can help protect your child’s future and protect your peace of mind for yourself and your family. If you suspect that there was medical negligence that contributed to your child’s birth injury, you shouldn’t delay beginning to learn about your rights and legal options, so that you can make informed decisions at every step.
