A birth injury can present a wide range of medical issues and future problems to the newborn and his or her family. Sometimes these injuries are noticed right after the delivery, at other times it is not clear until when a child’s development is delayed or if the child develops physical difficulties. A thorough evaluation of the prenatal, labor/ delivery, and post delivery treatment is usually necessary to establish if the injury was caused by a complication that could not have been avoided, or if it was because of preventable medical negligence.
The first step of a Birth Injury Attorney is to review the child’s birth history and factors. This review may include the child’s prenatal records, fetal monitoring, delivery notes, medication records, diagnostic testing information and information about the child’s condition immediately following delivery. An attorney will be able to determine if the medical attention did not meet the standard for the child’s care and if the failure to meet the standard could have caused the child’s injury rather than assuming a failure has led to negligence.
Reviewing the Pregnancy and Prenatal Care
Factors that happened before a birth could help shed light on a birth injury. An attorney can review and/or investigate the circumstances surrounding the identification and response of healthcare providers to possible risk during pregnancy.
The records that are relevant could consist of:
- Prenatal appointment notes
- Imaging results—ultrasound
- Maternal health records
- Laboratory testing
- Medical record of complications related to pregnancy
- Referrals to specialists
- Building communication between health service providers
Some complications can raise the potential for complications during labor and delivery. The medical record may therefore indicate whether providers identified warning signs and created an effective plan for addressing the warning signs.
Timing is sometimes also a key element of decisions. An attorney can check to see if any concerning symptoms were promptly identified and if proper monitoring or treatment was provided.
Investigating Delivery Decisions and Potential Complications
The delivery itself could be important evidence with regards to the cause of an injury. Under some circumstances, an attorney can determine if labor was complicated in any way, including the mother’s labor lasting too long, a difficult positioning, shoulder dystocia, emergency conditions, or other factors that necessitated quick medical decisions.
The investigation can be a discussion about the following questions:
- Were there any problems in the delivery?
- When did health care providers know about them?
- What attempts were made for intervention?
- Did the right procedures take place to escalate?
- Was cesarean delivery discussed and/or performed?
- Was the use of forceps or a vacuum device used?
- Did the baby’s condition at birth or shortly after birth get recorded?
An intervention does not necessarily mean that something is negligent. Similarly, a hard birth is not necessarily a sign of poor care by a healthcare professional. The case and what medical information was available at the time should be carefully assessed.
Connecting the Medical Error to the Child’s Injury
The first step of a possible childbirth negligence case is to establish that something went wrong during the birth. There may also be evidence that a legal case needs to include that the child was injured by the alleged medical error.
This may be a more involved part of a birth injury investigation as there can be many causes of medical issues in newborns.
Accordingly, an attorney can review:
- Baby’s immediate post delivery state
- Apgar scores and other newborn assessments
- Medical records from NICU, if applicable
- Imaging and neurological exams
- Laboratory results
- Diagnoses after the birth
- Developmental assessments
- Continuous treatment and rehabilitation
Medical records will aid in establishing a time line between an alleged event and the child’s condition. Attorneys can also secure a medical evaluation from the proper medical professionals to determine causation and if the evidence supports a link between the alleged negligence and injury.
Frequently Asked Questions
Are all birth injuries a result of medical negligence?
No. Birth injuries can happen when health care providers do the right thing. There’s more to a legal claim than just an injury—the circumstances and the applicable standard of care must also be considered.
Will an injury sustained during birth be noticeable once the baby is born?
Yes. The symptoms of some conditions may delay showing up. Later developmental delays or concerns about movements, neurological symptoms may appear and need medical attention.
Why is proving causation so critical in a Birth Injury Case?
Just because someone was injured does not mean that the healthcare provider caused the injury. It may be necessary to provide evidence that a failure of medical care was a contributing factor to the child’s condition in order to make a legal analysis.
Conclusion
A birth injury claim needs a careful analysis of what went on during the pregnancy, labor and delivery as well as the condition of the child afterwards. Attorneys can determine if there were any warning factors that were identified, how the provider reacted to complications, if the decision to deliver was appropriate for those circumstances, and if there is any Medical Evidence that a medical error contributed to the child’s injury.
If you are a family wondering if a birth injury has resulted from preventable medical negligence, it may be time to review your medical records, investigate what happened and determine the potential issues and arguments that might arise. An in-depth assessment can clarify if the problem is a medical condition that couldn’t be avoided or if it was caused by carelessness, you may visit Law Office of Kelley J. Johnson for deeper analysis.