Questions to Ask If Your Baby Was Injured at Birth

Welcoming a new baby into the family and the world is meant to be a joyous occasion after nine months of expectation. When the joy of the birth is dampened by a complication resulting in a birth injury to the child, it’s normal to feel overwhelmed and uncertain about the child’s future. Even a mild birth injury, like a forceps mark on a baby’s scalp, can be distressing, but more serious incidents, such as a lack of oxygen flow to the infant during the birth, can leave parents with many questions.

What Questions to Ask Immediately After the Birth

While we’d like to think that medical professionals are frank and forthcoming, especially after a birth injury to a vulnerable child, doctors and medical facilities may hold back information to protect themselves from liability unless they are directly asked. If you experienced a complication during the labor and delivery process and your child suffered a birth injury, begin with the following questions:

• Does my baby have a diagnosis yet? If so, what is the diagnosis?
• What caused the birth injury?
• What were the baby’s APGAR scores at 1 minute and 5 minutes post-birth?
• Were there signs of asphyxia (lack of oxygen to the baby) at any time during labor and delivery?
• Did the baby’s heart rate patterns show changes, such as decelerations or accelerations, during the birth, and can I have copies of the readings?
• What interventions were performed to assist in the delivery, and were they performed correctly and with the expected outcome?
• Were my risk factors evaluated and considered before the birth, such as gestational diabetes or a large baby?
• Have you ordered or performed imaging tests, such as MRIs, to determine if the baby has a brain injury?
• Were cord blood gas samples taken, and if so, what were the results?
• Is therapeutic cooling appropriate to help mitigate any brain injury to my child?
• Were there communication gaps or delays between the nursing staff and the doctor, or communication failures during shift changes?

Finally, it’s important to ask for copies of your and your child’s medical records and the physician’s notes. These not only become key evidence in a birth injury claim, but they are also essential for arranging further care and appropriate treatment for your child.

Important Actions to Take After a Birth Injury

If your child suffered a birth injury, it’s important to take action as soon as possible by having your baby undergo a thorough medical assessment by a neonatal doctor. If possible, consult a neonatal pediatrician who isn’t associated with the hospital where the birth injury occurred. Write down or record the doctor’s recommendations for your child’s treatment. Carefully follow the doctor’s treatment recommendations and keep copies of all medical records and reports of your child’s progress.

Finally, consult with an experienced lawyer about your case. Birth injury attorneys provide a free consultation during which they evaluate the merits of your case. It’s important to bring along all relevant medical documents. Then, the attorney will submit them to a qualified neonatologist to evaluate whether you have a valid claim.

If the qualified medical provider agrees that the child suffered a preventable birth injury, they will issue a certificate of merit that allows the claim to move forward.