What Should I Do If I Suspect My Child Suffered a Birth Injury?
People usually imagine their child’s birth as a happy, wonderful event. Unfortunately, when complications occur, the experience can quickly turn stressful and scary. Sometimes, the circumstances of a birth leave a child with injuries that can result in long-term or permanent symptoms.
Parents who suspect that their child suffered a birth injury often feel sad, overwhelmed, and unsure of how to move forward. Here, birth injury lawyers at the Foley Law Firm, which serves individuals from Scranton, Stroudsburg, and Wilkes-Barre, PA, provide a parent guide on what to do if you think your child suffered a birth injury, and discuss how to hold medical professionals accountable for medical malpractice.
Document Everything
Documentation is vital to establishing the circumstances surrounding a birth injury and proving liability when a birth injury is the result of medical malpractice. Ideally, childbirth will be free of complications that cause injuries to the mother or child. However, it is best to document everything throughout the process in the event that something goes wrong. We recommend taking photos and videos of labor and delivery. Photos and videos can be essential evidence in a medical malpractice claim.
Although labor and delivery can be overwhelming and a lot is going on, we also advise parents to take notes documenting the experience. Be sure to note the names of the doctors, nurses, and medical professionals caring for your baby, and write down any notable events that occur before, during, or after delivery.
Request Medical Records
The 2009 federal Health Information Technology for Economic and Clinical Health Act gives parents the right to access all records pertaining to their child’s health, including medical documents related to doctor’s visits, medical treatments, or procedures. Records should be provided for free or at a minimal cost. Parents should request records if they suspect their child suffered a birth injury as further documentation of labor and delivery.
Seek Medical Treatment
When a parent has suspicions of a birth injury, they should seek medical treatment for their child. A parent may suspect a birth injury if their child exhibits developmental delays or abnormal medical events. Potential birth injury symptoms to report to a doctor include:
- Weak or absent reflexes
- Muscle stiffness or looseness
- Difficulty suckling, eating, or swallowing
- Sensitivity to light
- Seizures
- The hand curled in a claw-like shape
- Delays in speech or lack of speech development
- Difficulties walking or crawling
- Poor coordination
- Intellectual disabilities
- Vision or hearing problems
Parents who seek medical treatment for their child must follow the doctor’s directions regarding diagnostic testing, medical treatment, or care with a specialist. If not, it could work against them in a medical malpractice claim.
Seek Legal Representation
Many birth injuries are caused by medical malpractice or neglect. If a medical professional provides care that is below the accepted standard and a patient suffers as a result, they should be held liable for resulting damages. Medical professionals are unlikely to accept liability for a birth injury, so parents who suspect that their child has suffered should seek legal representation as soon as possible.
Knowledgeable birth injury lawyers, such as those at Foley Law Firm, can evaluate a claim to determine if there are grounds for a lawsuit. If so, they are prepared to work on their client’s behalf to establish medical malpractice and pursue damages for economic and non-economic losses, including past and future medical expenses, pain and suffering, and lost wages or diminished wage-earning capacity.
Contact Foley Law Firm
If you suspect that your child suffered a birth injury, it is vital to seek legal advice to determine if you have a claim of medical malpractice. To discuss your case with the lawyers at the Foley Law Firm, contact our legal team and schedule a case review at your earliest convenience.
