If you or your child suffered a birth injury due to medical negligence by a doctor or any other healthcare provider, you need to keep detailed records of the incident. Then you can use it to build a medical malpractice case. Proper documentation provides necessary evidence of the injury. Moreover, you can use documents to show the effects it has had or will have to strengthen your overall case. Read on and let’s explore how you can effectively document birth injuries from the start.
Record Details During and Right After Birth
If possible during the labor and delivery when the injury occurs, document as many details as you can. Write down the date and time, the people in the room such as doctors, nurses, and other staff. Note their actions and anything abnormal or concerning you notice. If a birth injury is diagnosed shortly after delivery, also document as much information as you can about this. Get copies of medical records for a clear documentation trail.
Gather Hospital Records and Other Healthcare Documents
Request all prenatal and birth-related medical records for both you and your baby from any doctors, hospitals, or other providers who treated you. This includes:
- Ultrasound images
- Labor and delivery charts and graphs
- Progress notes from checkups and the birth
- Discharge papers
- Prescriptions and medications lists
Also gather all records concerning your baby’s diagnosis and any treatments, therapies, tests, scans, etc. done after birth regarding the injury. Maintain meticulous files and records for every appointment, hospitalization, evaluation, etc. Keep copies of referrals, insurance claims, bills and correspondence as well.
Keep an Ongoing Journal of Effects and Expenses
Documenting how the birth injury is affecting your child’s health and development, as well as costs incurred, helps demonstrate damages for a lawsuit. Include notes on:
- Milestones missed or delayed compared to normal child development stages
- Ongoing medical needs like medications, therapies, doctor visits, surgeries
- Assistance required from you or other caregivers for basic needs
- Out-of-pocket healthcare expenses, medical equipment and home or vehicle modifications
Use photo and video recordings to clearly display physical, neurological and functional impairments. Maintain a daily log or journal detailing your child’s symptoms, difficulties, setbacks and small victories. Keep copies of all medical bills, as well as receipts for things like medications, specialized equipment, therapy programs and transportation for treatment.
Obtain Witness Statements When Possible
Additional statements from hospital staff present during delivery or family or friends observing your child after birth can strengthen assertions about when and how the injury happened. Ask the hospital for specific nurse or doctor names who were there. Have them answer interrogatories, which are written statements answering questions that attorneys can submit. Other eyewitnesses should answer questions detailing what they saw regarding your child’s condition, abilities and challenges after birth.
Organize Records and Back Up Files
The abundance of records for a major birth injury can become difficult to keep track of over time. Create an organizational system with electronic copies stored on a hard drive or cloud-based server, as well as physical copies in a filing cabinet or boxes. This also allows easy access to files when needed for appointments or attorney meetings and ensures documents do not get lost. Backing up records enables rebuilding a case if any originals are destroyed.
Consult an Experienced Medical Malpractice Attorney
If your child suffered a birth injury, contacting a qualified medical malpractice attorney early on is highly advisable when building a strong case. An experienced lawyer specializing in birth injury cases can:
- Review medical records and identify if standard protocols were followed
- Determine if the cause stems from medical negligence
- Handle requesting additional records if needed
- Consult medical experts to analyze injuries sustained
- Assess the short-term and long-term impacts the injury may have
- Calculate current and future costs of treatments and care
- Outline the legal options and best course for seeking compensation
A Denver personal injury attorney can also provide guidance when documenting new developments, make sure evidence is properly recorded, and ensure thorough documentation is obtained from the start. They assist with gathering supplementary eyewitness statements as well. This level of legal expertise takes much of the burden off families already facing significant challenges caring for an injured child.
Birth injury cases are complex and having an attorney well-versed in medical malpractice and birth trauma litigation improves the likelihood of success. They understand the intricacies of these cases, the extensive documentation required, and how to build a case demonstrating damages owed to the victim.
With the right attorney fighting for your child, families can feel confident about obtaining the compensation necessary to cover the present and future care needed.
Final Words
Thorough birth injury documentation takes significant time and effort but is essential when seeking fair compensation. An experienced medical malpractice attorney can help guide record-gathering and answer any questions about properly documenting a birth injury case. With organized, detailed documentation of injuries sustained and their effects, families have a stronger chance of obtaining justice.
