What to Do If You Think Your Child’s Birth Injury Was Preventable
Pregnant women know there’s no guarantee that labor or delivery will go smoothly. At the very least, however, they should be guaranteed quality care. No matter what happens, they should be able to count on their medical team. Unfortunately, the sad reality is sometimes they can’t.
Medical malpractice is fairly prevalent in the ob/gyn specialty. What’s more, when ob/gyns do make mistakes, it’s not just one life at risk but two.
Since newborns are so vulnerable, errors during labor or delivery can have catastrophic—and often lifelong—consequences. Some of the most common birth injuries that result from malpractice include brain damage, nerve damage, and bone fractures.
If your child is living with such an injury and you have reason to believe it could have been prevented, you may be thinking about seeking justice. While filing a claim won’t erase what happened, it could at least yield the funds needed to provide your son or daughter with exceptional care moving forward.
Of course, just as there are no guarantees when it comes to giving birth, there’s no way to ensure your medical malpractice claim will yield a payout. You can, however, take steps to increase your chances of securing compensation. As soon as you suspect your ob/gyn made a mistake, here’s what you should do:
1. Preserve All Relevant Records
Medical records are the foundation of every successful malpractice claim. While a resourceful legal team should be able to dig up everything they need to build a compelling case on your behalf, you can support their efforts by preserving whatever records are already in your possession. Examples include:
- Hospital intake forms,
- Nursing logs,
- Hospital release forms,
- Diagnostic images,
- Developmental evaluations,
- Prognoses, and
- Health insurance statements.
2. Record Your Child’s Recovery
When a baby sustains a birth injury, it’s wise for the parents to start keeping a journal in which they track their child’s development. Detailed entries in your own words will help contextualize your son or daughter’s medical records.
Photographs and video footage can also bolster your claim, so consider capturing noteworthy milestones on their road to recovery.
3. Track All Injury-Related Expenses
Personal injury claimants may only seek compensation for damages they can show they incurred. As such, it’s imperative to save all the receipts and invoices associated with expenses your family wouldn’t have faced had your child not been injured. Recoverable damages include medical bills, the cost of reasonable and necessary services, and home or vehicle modifications needed to accommodate any disabilities.
You can also seek compensation for non-economic damages like diminished quality of life, emotional distress, and pain and suffering. As for demonstrating the extent of these losses, a creative medical malpractice attorney can help. They may use journal entries, psychological evaluations, day-in-the-life videos, expert testimony, and statements from loved ones.
Call 813-551-3907 to Speak with a Medical Malpractice Attorney in Tampa
At Capaz Law Firm, P.A., we know there’s nothing more devastating than seeing your child with an injury. If your son or daughter was hurt during delivery or shortly thereafter and your think your ob/gyn was to blame, we’ll help you seek justice. Call 813-551-3907 or submit our Contact Form to schedule a free initial consultation with a medical malpractice lawyer in Tampa.