What to Do if Your Baby Has Catastrophic Injuries Due to New York Medical Malpractice?

Birth Injury, Traumatic Brain Injuries

Catastrophic Injuries Due to New York Medical Malpractice: What to Do Next for Your Baby?

Your child is your most precious possession.  When you child has sustained a serious and even catastrophic birth injury due to New York medical malpractice, it is absolutely devastating.  Sometimes this revelation occurs right away and you know something is very wrong.  Other times it may take months or even years for a birth injury to manifest itself.  You may even have subsequent misdiagnoses (which may also be medical malpractice), before a catastrophic birth injury is discovered.  This may not seem possible, but trust me as a New York medical malpractice lawyer, this happens all the time because some injuries are simply not readily observable or do not manifest themselves until later in development.

But what should you do if you find out, or even suspect, that your child has a catastrophic birth injury?  

There are many steps that you should take.  The first is to contact an experienced New York medical malpractice lawyer for guidance.  This should be FREE, and never pay for legal advise in a personal injury action.

Some people may be unsure or unfamiliar with medical malpractice.  They may be sign or uncomfortable in pursing a claim.  Thus there are other steps that you can take if you suspect there has been a catastrophic birth injury:

  1. Document everything.  Not only with your doctors, but keep a journal and describe daily issues.  Be detailed.  If you are considering litigation, write “PREPARED IN ANTICIPATION OF LITIGATION” at the start of the journal or diary.
  2. Report everything that is abnormal or damaging to a healthcare provider.  Your daily record is good, but corroboration with medical records is better.  This is particularly important because a medical provider may be able to diagnose and create a record of symptoms as they progress.
  3. Take photographs or videos.  If you see abnormal behavior or injuries manifesting themselves, get photographic evidence.  Even things such as putting on a shirt or holding a fork in an abnormal manner could be indicative of a catastrophic brain injury caused by a birth injury.
  4. Get constant reevaluations and second opinions.  The more documented issues, the stronger your case will be.  
  5. Have appropriate testing done.  Ask your physicians to get appropriate tests for the alleged condition or conditions.  This is an objective and empirical way of establishing injuries.  Do not neglect to have tests done that are recommended.  

But what do you think?  I would love to hear from you!  Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at jfisher@fishermalpracticelaw.com.  You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.