Maybe, but Maybe Not
No one can determine whether a doctor will tell a parent of a birth injury. In my experience, unless it is egregious, they will not mention it.
Birth injuries are not always obvious and it is usually even less apparent when the injury was due to a doctor’s negligence. Sometimes, a doctor may tell parents immediately after the birth that the child suffered an injury during the course of labor and delivery. However, they will rarely admit that it was a preventable mistake on their part because they do not want to face liability and the possibility of paying damages for their negligence. All parents should know what to do in the event that their child sustains a birth injury, whether the doctor tells them about it or not.
What to Do After a Doctor Tells You of a Birth Injury
No one wants to hear that their child was born with an injury, regardless of whether it is temporary or permanent. If your doctor has told you about an injury that occurred during birth, it is important to first ask as many questions as possible. It is natural to feel shocked after learning of a birth injury so in the days following, write down all of your questions and make sure you ask the doctor all of them. Make sure to ask how the injury occurred, how it could have been prevented, what type of treatment your child will need, and how it will affect their life.
Write down the doctor’s answers so you do not forget them later. Write them down verbatim, what your doctor says might not seem important to you, but it might be important to your attorney. The next step is to speak to a birth injury lawyer. A lawyer will collect medical documents and the birth records to prove the doctor or another healthcare professional was negligent and will guide you through the claims process.
What to Do if a Doctor Does Not Tell You of a Birth Injury
If your doctor does not tell you of a birth injury, the situation becomes more challenging due to the fact that not all birth injuries are obvious. Once a birth injury is detected, it is then even more difficult to determine it was caused by medical negligence.
In cases such as these, it is even more important to speak to an Ohio birth injury lawyer. A lawyer will conduct a full investigation to determine the cause of the injury and will collect evidence to prove negligence. Whether a doctor tells you of a birth injury or not, a lawyer will also negotiate with the insurance companies to help you recover the maximum damages you deserve.
Our Ohio Birth Injury Lawyers Can Help With Your Case
If your child has been born with a birth injury, do not hesitate to contact our Cleveland birth injury lawyers at The Eisen Law Firm. We practice medical malpractice exclusively so that we can focus our attention and expertise in one narrow field and thus, better help families recover the compensation they deserve. Call us today at (216) 687-0900 to receive the sound legal advice you need.