LEGAL GUIDE
Written by attorney Marcus Bazzell Boston | Nov 7, 2019

Are You Dealing With A Birth Injury Alone?

Are you dealing with a birth injury alone and have questions about what you can do, especially if it seems that the doctors and other medical professionals are providing you and your family sparse answers to your questions? For example, what caused your baby’s injury, or what types of treatments are available? These are but some of the questions that families pose to us when they have run out of answers during their own investigation into their baby’s current situation.

I am writing this birth injury educational article for those who, as the title says, are you dealing with a birth injury alone. At the conclusion of the article, you will have a starting point as to some of the things you can do on your own initially, if you are hesitant to speak with a birth injury attorney.

WHAT TRIGGERS CONCERN?

I have written in the past about the experience of many of the parents who contact my office. Over time we have started to hear some of the same things with some mothers and families. One of the initial things which give rise to concern for families is when the baby is “discolored.” What I mean is that in some instances, the baby might be blue in color. This can also be followed up by the baby not crying at all after delivery. Or, the doctors begin to give the baby oxygen because of breathing problems. Another action which gives rise to much concern is when the baby is taken to the NICU. For some mothers and families, very little time is given to mother and baby before the baby is rushed off.

When these actions take place, it is easy to see how parents can be not only concerned, but fearful. This is what triggers a lot of parents and families to ask questions of their doctors. However, not all doctors are the same. In some cases, doctors talk in circles and never really explain what may have happened at birth. This can leave some mothers feeling guilty and confused about this entire experience.

ARE YOU DEALING WITH A BIRTH INJURY ALONE?

If you are dealing with a birth injury alone and would like to start on a path for answers, one of the first things you can do is to request the medical records. A good idea is to get the medical records from the entire labor and delivery process. Usually the hospital will require that you make your request in writing. If there is a form to fill out for the request, be sure to see if the records can be given to you on a disk or some sort of PDF/electronic format. This can save you a ton of money in the long run regarding costs.

Also, remember that when you make your request, you should get the records for mother, and baby. Sometimes, the records will include the baby, and not the mother. You need to have all sets. In addition, make sure that the records include the reading from the electronic fetal heart monitor. This is the device that is attached to mom’s belly during labor and delivery. It looks at fetal well-being and mom’s contraction patterns, among other things.

The medical records can be important for step two, which is to get a second opinion as to a diagnosis and treatment, if you have questions regarding the current diagnosis and treatment. This step may seem obvious, but for some parents, this is not the case. They “trust” their current doctor, even when it seems that their questions are not being answered. When you already have the medical records, this can expedite some of the work needed to be done for the second opinion doctor. At the conclusion of things, the second opinion doctor can either confirm the current treatment and diagnosis or give another possible diagnosis and possible treatment.

All these things can be of immense help if you are dealing with a birth injury alone, and do not want to immediately contact a birth injury attorney.

DOES YOUR BABY HAVE A CEREBRAL PALSY DIAGNOSIS?

The above can be used to get the ball rolling if you do not wish to speak with a birth injury attorney immediately. With that said, it may not be a bad idea to talk with a birth injury attorney because many of these things are done within the initial investigation into what may have happened at birth. Medial experts are needed because they must give opinion as to the standard of care and whether there was a departure from it that caused the injury, or harm.

To speak with me further about an investigation into your baby’s birth injury, or cerebral palsy diagnosis, this is what I invite you to do. Call me. I can be reached at 301-850-4832. I talk with families all the time about birth trauma related injuries and I would be happy to listen to your story.

Marcus B. Boston, Esq. Boston Law Group, LLC 2 Wisconsin Circle, Suite 700 Chevy Chase, Maryland 20815 bostonlawllc.com 301-850-4832 1-833-4 BABY HELP

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