Article source: Van Wey & Metzler, TX
A birth injury places a family in an unfamiliar position, requiring both urgent medical decisions and careful attention to matters that affect the child’s future. The actions parents take in the weeks and months after the injury can affect the quality of the child’s care and preserve the options available if the harm resulted from negligence. Knowing which steps to take, and in what order, can help parents move forward during a difficult time.
Many of these steps involve gathering information, protecting evidence, and meeting legal deadlines that are easy to overlook while caring for an injured child. Firms like Van Wey & Metzler Houston Birth Injury Lawyers can review the delivery records, consult medical experts, and advise families on whether the care provided met accepted standards. The steps below outline what parents should consider after a birth injury.
Prioritize the Child’s Medical Care
The first priority is the child’s health. Parents should ensure the child receives a full evaluation from qualified specialists, which may include a pediatric neurologist, a developmental specialist, or a physical therapist, depending on the nature of the injury. Early intervention can meaningfully improve long-term outcomes for many conditions.
Following through on referrals, attending follow-up appointments, and adhering to recommended treatment also produce a consistent medical record that reflects the child’s condition over time.
Request and Preserve Medical Records
Medical records are the foundation of any inquiry into what happened during delivery. Parents have the right to obtain the child’s records, along with the mother’s prenatal and labor and delivery records. Under Texas law, a physician must generally provide copies within 15 business days of receiving a written request. Records held by a hospital must be requested from there directly.
Requests should be made in writing, and parents should keep copies of everything they receive, including fetal monitoring strips, nursing notes, and test results. Asking for the complete file rather than a summary helps ensure that no relevant detail is left out.
Maintain a Written Record of Events
Memories fade, and details that seem clear in the moment can be difficult to recall later. Parents should write down what they observed during labor and delivery, including the sequence of events, the names of the providers involved, and any statements made by the medical team.
A dated log of the child’s symptoms, milestones, and medical appointments adds further context. This documentation can prove valuable if questions later arise about the timing or cause of the injury.
Be Careful When Communicating With Providers
After an adverse outcome, parents could be approached by hospital representatives, risk managers, or insurers. While many of these conversations are routine, statements made in them can be recorded and referenced later.
Parents are not obligated to provide recorded statements or to sign documents they do not understand. It is reasonable to ask for time to review any paperwork and seek guidance before responding to requests that go beyond the child’s immediate care.
Understand the Financial Impact
Beyond the immediate medical expenses, families may have to deal with the cost of ongoing therapy, assistive equipment, home modifications, specialized education, and attendant care.
A life care plan, prepared by a qualified specialist, can project these future needs and their associated costs. Understanding the full financial picture will help parents make informed decisions and ensure that any claim accounts for the true long-term impact.
Know the Legal Deadlines
Texas law sets firm time limits on health care liability claims, and these deadlines apply to birth injury cases. Under Chapter 74 of the Texas Civil Practice and Remedies Code, a claim generally must be filed within two years of the negligent act.
The statute appears to give minors under 12 until their 14th birthday, but the application of that provision has been challenged on constitutional grounds, so families should not assume an extended window applies. A separate statute of repose bars any claim brought more than ten years after the act.
The law also imposes procedural requirements before and during a lawsuit. A claimant must give each defendant written notice at least 60 days before filing suit. After a suit is filed, the claimant must serve an expert report on each defendant within 120 days of that defendant’s original answer, describing the standard of care, how it was breached, and how the breach caused the injury.
Have the Records Reviewed
Determining whether a birth injury resulted from negligence requires medical and legal analysis that most families cannot perform on their own. Attorneys often work with medical experts who can review the records and assess whether the care provided fell below accepted standards. Because the applicable deadlines can pass quickly, parents who suspect negligence should seek this review as soon as possible.
Conclusion
The period after a birth injury is demanding, and the decisions parents face can feel overwhelming. Focusing on the child’s medical care, preserving records and observations, handling communications carefully, and remaining aware of the applicable deadlines allows a family to protect both the child’s well-being and its ability to seek accountability if the injury was preventable.
