Claims Involving Birth Defects

By admin

Over the years, many have come to me about their children not performing or progressing normally. Their reaching out was based on the belief something was done incorrectly during pregnancy, labor and delivery, or after birth.

These are almost always difficult and complex birth defect claims, needing evaluation of the parents’ medical and medication history,  sometimes genetics, obstetrics and gynecology, and the conduct of the pediatrician and after birth caregivers. At some point, other specialists might need consulting to discuss why this particular child has his or her specific problem, birth defects or disabilities.

Human nature and the reflex reaction of someone who has done something wrong, make these difficult cases to seek out the facts and separate them from excuses and accurate medical investigation. The problem in finding the truth can often be connected to the fact that the script, in the form of the important medical records, were authored by those involved in the care through pregnancy, labor and delivery.

Put more directly, there is rarely an “oops, I messed up” in the medical records. It is often easier to point to some other explanation than it is to uncover the inconsistencies, and perhaps, true causes of what happened. Major portions of the care that leads up to and includes the birth of a disabled child, are not observed or recorded, other than in the chart that is supposed to record what was done.

Sometimes that chart can be a script written after the fact, describing what the textbooks say is to be done, rather than what was done. Therein lies the mystery to be solved by the birth defect attorney and the resources he must use and know how to find.

The pain and heartache is real and obvious. The facts are often not.

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