According to the National Center for Health Statistics, August regularly records the most births out of any other month. Hundreds of thousands of parents will soon be receiving a bundle of joy — but a portion of them will also experience the sorrow that comes with birth injury malpractice.

These parents are often disheartened, scared and unsure of what to do next. Many turn to Roman & Boock, where a birth injury lawyer will outline the following steps. 

Understanding Birth Injury Malpractice 

A birth injury may occur before, during and after delivery — but it doesn’t automatically mean medical malpractice occurred. 

Some injuries are due to unavoidable complications, congenital conditions, infections or other factors that may not involve medical negligence. Others occur when a doctor, nurse or medical professional fails to follow the accepted standard of care. Their action or inaction would be medical malpractice. 

If you’re unsure where your case falls, ask yourself:

• Was the standard of care met?
• Was the birth injury due to unforeseeable events? 
• Were natural bodily limits a factor in the injury? 

If you answered yes to all of these questions, you likely do not have birth injury malpractice on your hands. However, we understand you may not have all the answers yet. Contact a birth injury lawyer near you for help assessing your circumstances. 

1. Learn What Happened 

Before you move forward, you need context on what your child’s condition is and what care will be needed. If possible, meet with your medical team and clarify the:

• Diagnosis of the injury/condition 
• Potential causes of the injury/condition
• Treatments the infant received 
• Testing/follow-up care recommendations
• Short-/long-term outlook 

Their answers will help you understand whether or not you need to pursue birth injury compensation.

2. Seek Medical Care 

Your priority should always be ensuring your child is safe, healthy and stable. Early evaluations with your treating provider may identify areas where your child needs added support, such as occupational therapy, physical therapy or surgery. 

We recommend that you follow all instructions and pursue recommended appointments with specialists. But, like any birth injury lawyers near you, we urge you to be cautious with your care. 

You should consider getting a second opinion if: 

• Explanations for the injuries keep changing. 
• Symptoms appear more severe. 
• Treatments are not improving your child’s condition. 
• You feel your concerns are being dismissed.
  

3. Request All Records 

Medical records provide objective, time-stamped proof of what happened before, during and immediately after delivery. These records are critical to building a strong birth injury malpractice case in court. 

We recommend that you identify all providers, including your hospital, OB-GYN clinic and pediatrician. From there, contact each institution directly for request forms. Fill out forms for your own records and your child’s records. 

You may request access to a breadth of documents, including but not limited to: 

• Prenatal charts
• Admission notes
• Medication/anesthesia logs
• Fetal monitoring strips
• Nursing/physician notes 
• Operational / delivery-room logs
• Placenta pathology reports
• Apgar scores
• Umbilical cord blood gas results
• NICU / special care charts 
• Discharge instructions

4. Document the Damages 

Birth injuries come with financial and practical consequences. To calculate birth injury compensation, we recommend that you start keeping a record of the injury’s impact. 

You should compile all bills and documents related to: 

• Hospital visits
• Therapy sessions
• Prescriptions
• Medical equipment
• Transportation and lodging
• Home and vehicle modifications
• Childcare 
• Educational or developmental services
• Evaluations of anticipated future care
• Time missed from work
• Insurance statements/denial letters

When in doubt, write it down. Keeping a journal documenting appointments, symptoms and other circumstances may help strengthen your birth injury malpractice case in court. 

5. Contact a Birth Injury Lawyer Near You 

If you suspect a birth injury due to medical malpractice, contact a birth injury lawyer near you. An experienced attorney will give you a clear answer on whether or not you have a case — and take the legal work off of your plate. 

Roman & Boock steps up on behalf of Missouri and Illinois families to: 

• Collect evidence
• Interview witnesses
• Consult experts
• Calculate true value
• File lawsuits
• And more

We’ve secured multi-million dollar settlements for our clients — and you could be next. Contact the Roman & Boock team for a free birth injury evaluation today.