How Birth Injuries May Be Linked to Medical Negligence

A child’s birth should be a well-managed medical process, however during pregnancy, labour and delivery procedures, there is the possibility of serious and lifelong injury when something goes wrong. Parents may find themselves trying to comprehend what happened after an injury, along with having to deal with medical treatment and rehabilitation, as well as thinking about their child’s future. To establish if the injury was caused by an unavoidable complication or preventable medical negligence may take a detailed examination of the circumstances.

A birth injury lawyer in Chicago can be of benefit in reviewing the circumstances of a child’s birth and deciding if the facts adduced are sufficient to support a legal claim. It may include a discussion of prenatal care, actions taken in the delivery room, medical records, interactions between medical providers, and the care of the child after birth. Instead of just tackling the injury, legal representation could be seeking to determine the origins of the injury and whether adequate medical treatment was administered during important stages.

Examining the Prenatal and Delivery History

An investigation of a birth injury doesn’t have to start in the delivery room. In many cases, events that happened during pregnancy can help to provide context for what has happened later.

An attorney might inspect prenatal records to see if potential risks were found and treated properly. These records may include details regarding the mother’s health, fetal growth, test results, medicine and suggestions of doctors during prenatal visits.

Questions may include:

1. Did your pregnancy have complications?
2. Has there been a recommendation for tests?
3. Has the worry been recorded appropriately?
4. Did parents receive information regarding major risks?
5. Did appropriate referrals or follow-ups made?
6. Was there any hint within the medical team that there were factors that might influence delivery?

Looking back will help determine if there were warning signs before labor began. It could also be useful to make sure a complication is not something that could have been avoided with earlier intervention.

Reviewing Decisions During Labor and Delivery

There can be many decisions to be taken in a short amount of time during the delivery. Changes in the fetal heart rate, prolonged labor, maternal complications or other factors that emerge may require a response by the healthcare provider.

These events can be reconstructed by a lawyer who is reading the case. The intent is to not only know what was decided, but when it was decided and what information was available to the medical team at the time.

Some examples of factors the investigation shall take into account are:

• Fetal monitoring results
• Changes in the condition of the mother.
• Medication administration
• The timing of medical interventions.
• Decisions on assistance to delivery
• Cesarean delivery decisions
• Communication among physicians, nurses, other providers
• The baby’s condition right after birth
• The newborn’s condition immediately after delivery

The timing aspect may be critical. There can be many entries in a medical record but the order in which these entries appear can help illustrate how things got to that point.

An attorney can take one record at a time, or they can group the information in a timeline format. This can help to identify where the medical team might have noticed—or not noticed—a problem was arising.

Establishing the Link Between Birth and Injury

It is not enough to have established that the child was injured at or around birth to establish why the injury occurred. Proving a connection between the medical treatment and the resulting harm may be necessary for a legal claim.

The attorney can then review the child’s diagnosis, symptoms, and treatment history and medical progress. Pediatrician, neurologist, therapist, rehabilitation provider or other health care providers records may apply based on the circumstances.

A number of birth injuries may have obvious and short-term effects, but some may show up as a child grows. Disabilities with movement, communication, thinking, muscle control, or other functions might need ongoing assessments.

This is a very important reason for medical history being important. The attorney may also look at the child’s situation shortly after birth and later childhood diagnoses and treatments to determine the impact of the injury on the child’s development.

The intent of these materials is to provide a comprehensive overview, not a single medical document.

Frequently Asked Questions

A birth injury is an injury that is experienced by a child before, during, or soon after being born. Some injuries may be temporary and others may cause permanent physical, neurological, or developmental harm.

Is all birth injury a medical negligence case?

No. Complications can arise even if the correct medical care is given. A legal claim typically involves a review of what type of care the child received and how the care is related to his or her injuries.

Why is it significant to consider future needs in a birth injury case?

For some kids, treatment, therapy, equipment, education or assistance may be needed on an ongoing basis as they develop. Assessing future needs can be useful to provide a comprehensive picture of the consequences of the injury.

What are the ways parents can know if a birth injury might have been caused by negligence?

Parents can talk to an experienced attorney who can look through the medical records, determine what the timeline of events was and determine if there is evidence of negligence.

Conclusion

There is more to a birth injury case than just finding an injury that occurred during birth. Attorneys may have to review prenatal care, the choices made during delivery, medical reports, the child’s future growth and the family’s future needs.

A lawyer can use a chronology of events and the medical records to piece together the claim and relate the medical records to the child’s current situation. When parents are worried about an injury suffered at birth, they may wish to consult with Salvi Schostok & Pritchard P.C.  to learn more about the circumstances and legal options for their child.