How Medical Records Can Make or Break a Birth Injury Case in Arizona

Every new parent hopes for a smooth, uneventful birth. This isn’t always the case, however, and some births result in injuries. Some of these injuries are due to another’s negligence.

When a birth injury is due to negligence, accurate medical records are essential for a strong medical malpractice personal injury claim. Many people are unaware of which medical records can help support a birth injury case. We’ll outline more below.

If you experienced a traumatic birth injury and are ready to speak to an attorney, we want to know more. Our birth injury lawyers can educate you on your legal options. Contact us today to schedule an appointment.

What are considered birth injuries?

Birth injuries can range from bruises to significant injuries that cause long-term damage. Some examples of birth injuries we’ve helped clients seek damages for include:

• Brain or head injuries
• Hematomas
• Shoulder damage
• Cerebral palsy
• Oxygen-related injuries
• Bleeding
• Bruises
• Fractures

Some birth injuries cause developmental delays that don’t appear until months or even years later. Others may lead to additional complications that exacerbate the above issues. It’s strongly encouraged that anyone who suspects a birth injury damaged their child reach out to an attorney to discuss the situation.

What types of medical records are important?

Several sources of medical records can contribute to building a strong birth injury case. The most common include:

Prenatal

In some cases, prenatal records are essential to show neglect before the birth. Examples include:

• Ultrasounds
• Laboratory results
• Prenatal visits
• Maternal health records

These records may show risks that were ignored. Some prenatal issues that could contribute to challenging deliveries include gestational diabetes or fetal growth concerns. When ignored, these issues may complicate delivery.

Surgical

Some birth injuries happen during a cesarean section. The surgical notes for a cesarean section can reveal important information about anesthesia, indications, timing, and challenges that arose.

Labor and delivery notes

Labor and delivery notes and fetal monitoring strips contain details from several medical providers (nurses, doctors, midwives). Fetal monitoring strips are often kept as a separate record, and they can show critical information about what occurred during labor. All of this information works to create a chronological record of:

• Labor progression
• Complications
• Timing of decisions
• Interventions used

Deviations from care standards or risks that were ignored could lead to birth injuries. Labor and delivery notes are an important piece of a personal injury claim.

Neonatal

Neonatal notes document the newborn’s status during the minutes, hours, and days immediately after birth. These notes may contain:

• Apgar scores
• Physical exam results
• Umbilical cord blood gas analysis
• NICU records
• Other vitals

Neonatal records are another critical component in building a strong birth injury claim.

Follow-up appointments

Appointments with pediatric physicians may help build a strong case. These records document parents’ concerns and additional findings in newborns. This could include specialist visits, imaging, or therapies.

Billing and insurance

Itemized billing and insurance claims help to show the past and current medical expenses. They also confirm that the child received the stated treatments and care.

How can a medical record help in a birth injury case?

Medical records are critical for a strong birth injury case. Not only do they paint a picture of what happened during a birth, but they may also contain pieces of evidence. This evidence is used to:

Prove duty and breach

The state of Arizona has standards of care that medical providers have a reasonable duty to provide. Detailed medical records may show:

• Deviations in response time
• If risk factors were identified and mitigated
• Medical misinterpretation
• Intervention timing
• Delayed decisions beyond the applicable medical standard of care

Attorneys thoroughly review medical records to identify any of the above issues. They can then investigate to build a stronger case for birth injuries.

Establish causation

Causation is the link between the injury and the breach. Attorneys work hard during the investigative process to establish causation through medical records. They work closely with medical experts to review data, notes, records, values, scores, and imaging. This allows attorneys and medical experts to evaluate whether negligence may have occurred.

Working with medical experts can allow you to show the provider breached the standard of care and can help strengthen a birth injury claim. An experienced attorney knows how to obtain experts to support this step in the process.

Birth injury medical record FAQs

Do you have questions about birth injuries? You’re not alone. We’ve answered the most common questions below:

What happens if medical records are altered or incomplete?

Altered or incomplete medical records can be challenging. This situation may cause issues with personal injury claims. In these situations, we recommend speaking to a birth injury lawyer. An experienced attorney can review the records and obtain additional evidence to support the claim.

What kind of damages can I get for a birth injury?

It’s impossible to provide specific amounts for damages without knowing the details of a case. For other birth injury cases, attorneys fight for the following types of compensation:

• Past medical expenses (surgeries, treatments, therapies, equipment)
• Current or future medical expenses
• Future care needs (therapies, educational support, adaptive devices)
• Pain and suffering

To learn more about your specific case, we advise you to speak to a birth injury attorney.

How can a birth injury lawyer help?

Many people want to know how a lawyer can help them with their birth injury case. Attorneys help clients in many ways, including:

• Gather medical expert testimony
• Collect documentation
• Provide legal support and guidance
• Represent clients in court
• Advocate for clients’ rights
• Investigate cases

A knowledgeable birth injury attorney understands the process and can complete it as quickly as possible. In addition to the above, attorneys may also provide peace of mind for parents. We recommend speaking to an experienced attorney about your situation to learn more about your options.

Contact Verderame Law Group Arizona Injury Lawyers today

Navigating a birth injury case in Arizona may be overwhelming. New parents not only have to adapt to a newborn, but also fight for their rights after a devastating injury. At Verderame Law Group Arizona Injury Lawyers, we understand how challenging this can be. We help clients in these situations and understand the complexities of birth injury cases. Contact us today to learn more about your legal options and whether we can help.