Birth injuries don’t just overturn the lives of children. It affects the lives of their families, too. When a birth injury occurs, families are left with mounting medical bills, confusion over the future, and lingering questions, most notably how did this happen? If you suspect that medical negligence played a part in your child’s injury, collecting evidence is a critical part of pursuing a claim. In this guide, we’re going over the most important pieces of evidence you need to be successful in your birth injury claim.
While some of these you can collect yourself, your birth injury attorney will be able to collect most pieces of evidence for you.
Medical Records
This includes records from your pregnancy, labor and delivery. Medical records are important to your case because they create a timeline of what happened, including what mistakes were made. For example, let’s say a mother is presenting with signs of cytomegalovirus (Congenital Cytomegalovirus cCMV), which is an infection that, once passed onto newborns, can lead to hearing loss and developmental delays.
The mother reported symptoms such as fever, extreme fatigue, and swollen lymph nodes. Despite these warning signs, her medical provider dismissed her concerns and failed to order a simple blood test. That test could have confirmed the infection and led to timely treatment with antiviral medications like Valacyclovir, which can help reduce the risk of transmission to the baby.
In cases like this, medical records not only show the mother’s symptoms but the actions taken (or, in this case, not taken) that would have led to a different outcome. Another example could be failing to recognize signs of distress, leading to hypoxia, or oxygen deprivation at birth.
Regardless of the outcome, medical records, including prenatal care notes, APGAR scores, diagnostic tests, neonatal assessments, ultrasounds, timestamps on fetal monitoring readings, and delivery room records are invaluable to your birth injury claim.
Photos and Videos
Visual documentation can be instrumental to your birth injury case. While you likely took photos and videos immediately following your baby’s birth, certain photos may be able to suggest negligence. For example, images of facial bruising may suggest improper forceps use. However, not all birth injuries are immediately noticeable.
As your child develops, consider recording any unusual movements or delays in motor skills. For instance, the absence of a Moro reflex, also known as the startle response, could be an early sign of a brain injury.
Furthermore, don’t overlook the importance of keeping a journal, as well. Documenting any abnormalities, even if you’re unsure of their validity, is crucial.
Witness Testimony
Anyone in the delivery room with you, including loved ones, nurses, and even a videographer there to film the birth, can offer witness testimony that supports your birth injury claim. They may be able to corroborate your story that the medical team failed to communicate effectively, or if any red flags, such as you saying something doesn’t feel right, were ignored.
These testimonies can go a long way in painting a clear picture of what really happened.
Testimony from Medical Experts
In addition to eyewitness accounts from inside the delivery room, you’ll also need testimony from medical experts. This piece of evidence is one your legal team handles.
When trying to prove medical negligence in a birth injury claim, your attorney will consult with medical experts, including obstetricians and neonatologists to review your medical records and give their expert opinion on whether the appropriate actions were taken.
In every medical malpractice case, it must be proven that not only was the standard of care breached, but that the breach directly led to your child’s injuries. If your medical provider acted differently than another doctor with similar training would have in the same situation, you may have a valid claim.
Developmental Assessments
As noted above, not every birth injury is noticeable right away. Some birth injuries, such as cerebral palsy, may not show signs for 12-24 months later when your child fails to hit certain milestones. For example, not crawling, sitting, or walking by a certain timeframe.
While gathering the medical records listed above are important, you’ll also want to provide your lawyer with your child’s developmental history and assessments. Notes from developmental pediatricians and occupational or physical therapists can not only diagnose the condition, but highlight the impact it’s had and will have on your child moving forward. This assessment can be used to help calculate the compensation you may need to cover braces, adaptive eating utensils, assistive technology, hearing aids, wheelchairs, and other ongoing medical expenses.
Similar Post: What Are the Early Signs of a Birth Injury in Newborns?
Financial Records
When caring for a medically-complex child, the expenses can quickly add up. Keep record of your out-of-pocket medical costs, including those that cover your child’s transportation and accessibility needs. If you had to quit your job due to caregiving responsibilities, include past pay stubs that highlight your lost wages.
Your financial records will help strengthen your claim for compensation, which can help your lawyer accurately assess past and future care costs.
How Long Do I Have to File a Birth Injury Claim in Pennsylvania?
In Pennsylvania, you generally have two years from the date of injury to file a birth injury claim. However, this timeframe usually only applies to mothers who suffered an injury during birth, or tragically lost a child due to the medical care team’s negligence.
For children who suffered a birth injury, the window for filing a claim doesn’t start until they turn 18. Once they turn 18, they then have two years to file a birth injury claim. An experienced medical malpractice lawyer can discuss the state’s statute of limitations with you, so you don’t miss your opportunity to file a claim and get the compensation you and your loved one need.
Similar Post: How a Birth Injury Lawyer Can Help Your Family
Let Anapol Weiss Help You in Your Birth Injury Case
At Anapol Weiss, we understand how devastating these types of cases can be, which is why we don’t want you to shoulder the responsibility of gathering evidence yourself. We will gather the evidence your birth injury case needs. From collecting records to consulting with the top medical experts in Allegheny County, Bucks County, and the surrounding areas, we will leave no stone unturned.
We’re here to help you uncover the truth behind what happened, hold the responsible parties liable, and collect the compensation you and your family needs to safeguard your child’s future. Don’t wait. Call us today at 866-944-0553 or fill out our online contact form to schedule a consultation.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.