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Steps to Take if You Suspect a Birth Injury


The birth of a child is one of life’s most joyous occasions, yet it can quickly become overwhelming if there are indications that something may have gone wrong. Suspecting a birth injury in your newborn can be incredibly distressing, but it’s crucial to take immediate and effective steps to address the situation.

Recognize the Signs of a Birth Injury

Birth injuries can vary widely, but there are common signs that parents can watch for in their newborns. These include physical symptoms such as excessive bruising or swelling, visible deformities, limpness, or difficulty with sucking and swallowing. Neurological issues like seizures, excessive crying, or a lack of responsiveness to stimuli can also indicate a problem. If you notice any of these signs, it’s important to act quickly to document your observations and seek immediate medical evaluation.

Consult Your Healthcare Provider

The first step when you suspect a birth injury is to discuss your concerns with your child’s pediatrician or the attending physician. Request a thorough examination and specific tests that could help clarify any potential issues. Be direct about your concerns and insist on clear answers. It’s crucial that medical staff take your concerns seriously from the start.

Secure Detailed Medical Records

Obtaining a copy of all medical records related to your child’s birth is critical. This includes prenatal records, records from the birth, and any newborn care files. These documents will provide insight into the care you and your baby received and will be invaluable should you need to pursue legal action.

Seek a Second Opinion

If initial assessments are inconclusive or you’re dissatisfied with the responses from your care team, seek a second opinion. Consulting with a pediatric neurologist or a specialist in pediatric rehabilitation can provide a deeper understanding of your child’s condition and potential long-term impacts. These professionals can offer an independent evaluation that is crucial in forming an understanding of the situation.

Document Everything

Maintaining a detailed journal is important to ensure you have a thorough record of everything related to your child’s condition and care. This journal should include the dates, times, names, and specific details of every medical appointment. Don’t overlook the importance of noting informal conversations you may have with healthcare providers, as these can also be critical.

Additionally, make sure to document any changes in your child’s symptoms and behaviors, along with any treatments or medications prescribed. Recording your personal observations and concerns is also vital. This ongoing log will not only assist in medical evaluations but can be indispensable during legal consultations should you pursue a claim.

Consult with a Birth Injury Attorney

If you suspect that your child’s injury was due to medical negligence, it’s prudent to consult with an attorney with extensive experience and knowledge in birth injury cases. A qualified attorney can help you understand your legal rights and the potential for a claim. They can also assist in navigating the complexities of medical malpractice law in Florida.

Compensation for Damages

If a birth injury is found to be the result of medical negligence, compensation might include:

  • Costs for current and future medical treatment.
  • Expenses for physical therapy and rehabilitation.
  • Funds for special education services if needed.
  • Compensation for pain and suffering experienced by the child and family.
  • Potential loss of earning capacity, depending on the severity of the injury.

Contact Lance P. Richard, P.A.

The steps you take after suspecting a birth injury can have significant implications for your child’s future. Quick and informed actions—securing medical records, seeking expert opinions, and consulting with a knowledgeable attorney—can all help ensure that your child’s rights and well-being are thoroughly protected.

If you suspect your child has suffered a birth injury, do not delay in seeking the necessary medical and legal help. Contact Lance P. Richard, P.A., today for compassionate and expert assistance in navigating through this challenging time. Our experienced team is dedicated to ensuring that families affected by birth injuries receive the support and compensation they deserve to secure their child’s future.



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