The birth of a child should be a time filled with joy, not with pain and uncertainty. Doctors and nurses should take every effort to ensure a safe birthing procedure, but when they fail to meet the medical standard of care, children and parents can suffer debilitating injuries. If your child suffered a prenatal injury or an injury during childbirth, you could have a case against the hospital and medical professionals involved.
When you are considering filing a claim or lawsuit, there are certain steps you can take to prepare your case. Thorough case preparation is one of the best ways to increase the likelihood of a favorable outcome, and these steps can make or break your ability to recover the compensation you and your child deserve.
Establish the Chronology of Prenatal Treatment and Hospital Involvement
The first step is to lay out a full chronology of prenatal treatment, including, but not limited to:
- Every medical appointment from the beginning of your pregnancy through to the end,
- The names of hospitals, caregivers, surgeons, OB-GYNs and anyone else involved with each appointment
- Contact information for each location, as well as any relevant information you recall or can find
Obtain All Relevant Medical Records
Once you have the full chronology, the next step is to obtain medical records from each visit and each clinic. Request full copies of everything – every image, every doctor’s report – you need it all. A single detail that exists in the medical records can crack an investigation wide open and prove the negligence of the medical professional involved and give your case legal merit.
Review the Medical Records with an Expert
After you’ve obtained the relevant medical records, it’s time to sit down with an expert medical professional and establish what went wrong and who’s responsible. Our attorneys at WRSH will help you locate the best specialist for your case, and help you review the records and discover where things went wrong. The legal premise of your claim is that the injury was caused by negligence and not any pre-existing, congenital, or genetic abnormalities, and this review is needed to establish this as fact.
Some of the most common forms of negligence during prenatal care and birth include:
- Failure to observe and treat fetal or material trouble during routine examinations or after reports of symptoms from the mother
- Failure to correctly diagnose a condition
- Failure to use correct tools and procedures during birth
- Failure to perform an emergency C-section when this is obviously needed
- Failure to treat maternal conditions that can affect the child
The notes and findings of this medical review of your records will be critical when we file your claim or take the negligent party to court.
Work with Your Attorney to Establish the Extent of Damages to Your Child and Family
Having a healthy, happy child is priceless, and we understand there’s no way to put a “value” on the long-term disability and challenges your child and your family may face due to a birth injury. But we must do the best we can to establish the maximum compensation you and your family will need to make the best of life moving forward. The value of your case may include:
- Extended medical costs during and after birth
- Long-term physical and psychological costs associated with your child growing up with a disability
- Pain and suffering
- Emotional trauma
- Home accommodations
At Wingate, Russotti, Shapiro & Halperin, LLP, our talented NY birth injury attorneys have decades of experience representing parents who’ve had their children injured before and during birth. We understand the pain, trauma, and emotional stress you’re going through, and we’re here to help. We prepare each case as if it’s going to trial, and our extensive record of success in birth injury cases has earned us a reputation for excellence. If your child has suffered a birth injury, contact us today at (212) 986-7353 for a free consultation.