Medical records are necessary if you’re looking into a birth injury malpractice claim. Those could be any sorts of records: obstetric records, neonatal records, pediatric records, anything like that. Neurology records sometimes. And then there’s also records kind of after the injury’s occurred, physiatry records, records of treatment after the fact, anything like that over the course of any number of years.
Those might be pertinent medical records that could be used in a claim for not only just liability for the birth injury at the time of labor and delivery, but potentially also supportive of a claim for damages or harms to your baby as that baby’s grown up. And then additional evidence that you’d need for a birth injury malpractice claim would be expert evidence.
There’s a couple of elements to medical malpractice that you need to make out. Breach of standard of care and causation, in particular, warrant medical doctor evidence. We’re lawyers and we can help connect expert doctors to give those opinions. Both your own medical records and expert reports from doctors form the entirety of the medical evidence for the case.
