Like all medical malpractice claims, a careful review of the medical records is required to determine whether medical negligence is the cause of a cerebral palsy birth injury. Again as with other medical malpractice claims, cerebral palsy birth injuries claims can be quite challenging.
Birth Injury Case Evaluation Can Take a Long Time
With many cases of medical malpractice, the discovery and evaluation process can be extensive taking a very long time. The evaluation of a cerebral palsy will often move more quickly than many determinations of medical negligence.
The chief cause of cerebral palsy birth injuries is oxygen deprivation. Oxygen deprivation may result from a number of causes unrelated to medical negligence. However, oxygen deprivation during the birthing process is generally avoidable. There are clear standards of care associated with avoiding oxygen deprivation during the birthing process.
To facilitate the evaluation of a cerebral palsy birth injury case, it is important to obtain as quickly as possible a number of medical records. First, and foremost, the hospital records from the time the mother is admitted to the hospital to the time that both the mother and the baby have been released. In particular, an evaluation will be looking at the labor process with careful attention to the fetal monitoring during that process to determine the stress levels of the baby during labor and delivery.
Helpful to Have All Medical Records and History
These records will be very helpful in the evaluation of medical negligence. However, other causes must be ruled out as well. In addition, there may be post birth medical practices that contribute to or worsen the cerebral palsy of the child. As such, it would be very helpful for a case evaluation to have the mother’s medical history, prenatal care records, and all medical and hospital records related to the pregnancy. It will also be necessary to view all of the baby’s medical records including the hospital stay, the NICU (neonatal intensive care unit) records, post hospital care, and all the baby’s follow up care records (well-care records).
Complete Medical Records from Outset Will Speed Evaluation Process
The more information and medical documentation that can be provided to the attorney up front, the sooner the case can be evaluated. There are several important deadlines on medical malpractice claims that must be met. Missing a deadline can bar the claim completely. So it is important to provide these records to an experienced personal injury attorney as quickly as possible to avoid missing a critical deadline.
Collins & Collins, P.C., Albuquerque Attorneys, can be reached at (505) 242-5958