I Think My Child Has a Birth Injury: What Do I Do?

While a child’s birth should be among the happiest days of a parent’s life, the possibility of a birth injury can cause major concern. Birth injuries happen not only at delivery; they can occur before, during and even after the baby arrives. If you are worried about potential issues for your child at any point of the birthing process, there are significant and vital steps to take:

  • Document everything: The video of your child’s birth can be more than a memento. Video, photos and other forms of documentation will capture key moments before, during and after the birth. Parents should have a conversation and plan on this before birth that aligns with the mother’s comfort. Consider capturing video at times other than delivery, such as during labor or in the baby’s first hours. The hospital may prohibit videos during delivery. If that is the case, write detailed notes of events you observed and things you were told.
  • Know who is on duty: Note the doctors, nurses and other professionals who care for you and your baby. While hospitals should have staffing documentation for each visit or procedure, those records may not be complete or fully transparent. Do not rely solely on the facility’s documentation.
  • Have a diary: Contemporaneous notes can provide insight into what happened in the moment and are typically trusted more than verbal affirmations of recollections of events at a later date. Don’t forget to pack a journal and a writing utensil in the birthing bag for the hospital.
  • Do not delete: Medical professionals and facilities are not the only parties who need to make sure that information is not destroyed or deleted in these situations. You also should hold onto or save all communication (emails, texts, blogs), notes and documentation you have created or collected during this process. Be careful of what you post on social media.  If you post something on social media, do not delete it. 
  • Request records: Ask for all information pertaining to your visits, procedures and your child’s health. You are entitled to your records and your baby’s records at no cost or a minimal cost. The 2009 federal Health Information Technology for Economic and Clinical Health Act gives you a right to such records. Add the documentation you receive to your file that includes the products of other elements listed above.
  • Treatment can show impairment: Seeking treatment for mental or physical health issues and their symptoms can be used to illustrate damages for a birth injury claim, either for the parent or the child. It is most important to follow the direction of your baby’s doctor in terms of tests, treatment and visits to specialists.  If you do not follow through on recommendations, this may be used against you down the road.
  • Keep track of your bills: Keep copies of all bills you receive. Also, keep copies of insurance explanations of benefits documents. These can help establish a timeline of events and provide the names of providers. 
  • Discuss with your attorney if you plan to file for bankruptcy: Consult with your birth injury lawyer and other experts before filing for bankruptcy, as it can inhibit your ability to seek and recover damages in court for your birth injury lawsuit.
  • Seek legal advice: If you believe a birth injury has occurred, contact an experienced birth injury attorney. A lawyer will hear your claim during a free evaluation and can determine whether a lawsuit could be filed against the institution or medical professionals you believe are at fault for the birth injuries.

Free consultation on your case by Chicago-based birth injury lawyers

The birth injury attorneys at Romanucci & Blandin have proven success in these types of cases. Please contact our office at info@rblaw.net, 312-458-1000 or click here for a free evaluation of your case. There is never a fee until you are compensated at the end of the case.

Disclaimer: The content found on this page is not legal assistance and contacting the birth injury lawyers at Romanucci & Blandin’s law office for a free consultation regarding personal injury cases and birth injury claims does not constitute an attorney-client relationship.



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