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6 Types of Documentation a Birth Injury Lawyer Will Need

Jun 16, 2023

If your child suffers a preventable injury, the damage can be catastrophic. Birth injuries from a medical error or negligence can be long-lasting or permanent. There are many types of birth injury, but no matter what your child suffered, you and your child may be entitled to financial compensation. A birth injury law firm knows how to win compensation for medical expenses, lost income, pain and suffering, and more.


Birth injury lawsuits require evidence to prove your case. This often includes your testimony as well as several types of documentation. To help prove your case, your birth injury lawyer will need six types of documentation.

What Documentation Your Birth Injury Lawyer Will Need

You can help your baby birth injury lawyer greatly by providing certain documentation. You should retain any document that might be relevant to your case. If you ask: "Should I keep this?" assume the answer is "yes" for your birth injury claim.

Concerns About the Standard of Care and Possible Medical Negligence

Keep any documentation that you think shows a breach of the standard of care or medical negligence. Doctors must treat you and your new baby with the same standard of care as a similarly situated and educated doctor and in a reasonable manner. When a doctor breaches the standard of care, this is often considered medical negligence. 

Medical negligence can lead to severe injuries for you and your child, including:

  • Damage to the birth canal
  • Spinal cord injury
  • Oxygen deprivation — lack of oxygen to the baby's brain
  • Umbilical cord wrapped around the neck
  • Cerebral palsy or Erb's palsy
  • Placental abruption
  • Shoulder dystocia

Retain any medical records that might prove the doctor committed an error that harmed your baby.

A Detailed Timeline of All Events That Have Transpired

Create a timeline of all events that happened before, during, and after your birth injury. Do this as soon as possible after the incident. Record when you went into labor and every other event you can remember with a date and time.

Childbirth injury lawsuits rely on the facts of what happened. Your timeline empowers your legal team with the information it needs to prove your case. Have another person help you add to or modify your timeline to be as accurate as possible.

Names of Medical Facilities and Hospitals Visited

Create a list of every medical facility and hospital you visited from the beginning of your pregnancy forward, including any:

  • Hospitals
  • General physician offices
  • Obstetrician/gynecologist (OB/GYN) offices
  • Rehabilitation or therapy locations
  • Any other location where you received treatment

This information helps your birth injury lawyer investigate your case and determine who was at fault for your child's injuries.

All Medical Professionals' Names and Contact Information

Keep a record of any medical professionals involved in your birth treatment, labor, and post-labor interactions. Medical professionals may include, but are not limited to:

  • Doctors and surgeons
  • Nurses
  • Certified nurse practitioners
  • Midwives and doulas
  • Hospital staff

Information About All Medical Care and Medical Procedures Undergone

You also want to record every medical procedure or other medical care you have been through and continue to do. Start back as far as you can remember in your pregnancy, especially focusing on areas surrounding childbirth. Include as much information as possible, such as:

  • What the procedure or treatment was
  • On what date and time it occurred
  • Where the treatment took place
  • What medical staff were involved
  • Whether you were given any warnings about side effects or outcomes
  • Whether you saw or heard anything that made you concerned at the time

Make sure to list all follow-up appointments and any continuing care for you and your child. This continuing treatment is relevant to your birth injury case and proving your monetary damages.

All Prescription Medication Being Taken

Keep a list of every medication you and your child have taken since the beginning of your pregnancy, including:

  • The name of the medication
  • What physician prescribed the medication and why
  • When you started taking the medication
  • The prescribed dosage
  • Whether you are following the prescribed dosage
  • Whether you were warned of potential side effects and whether any occur
  • Whether you are still taking the medication

Next Steps To Take if You Believe Your Child Has Suffered a Birth Injury

If you believe your child has suffered a birth injury, taking these steps can help protect your legal rights and those of your child.

  1. Seek Medical Attention Right Away: Get treatment from another physician as soon as possible, including emergency care if needed. Attend all follow-up appointments and document everything you do.
  2. Keep Documentation: Safeguard all of your documents and any information that could be relevant to your case. Your attorney can later determine what is helpful.
  3. Take Photographs or Videos: Capture injuries, side effects, or other problems you and your baby face after a birth injury.
  4. Speak to a Birth Injury Attorney: Do this as soon as possible. There are time limits to filing these types of cases, and evidence is best preserved as soon after the medical negligence as possible. 

Take Legal Action With the Right Birth Injury Attorney

The time following your birth injury can be traumatic and stressful. You are dealing with trauma from the birthing process, significant injuries, and mounting financial burdens. Your medical bills may be piling up while you lose time at work. Birth injury claims are complicated, but you do not have to face them alone. You can hire the best birth injury lawyer to help you through this difficult time.

The birth injury attorneys at The Spence Law Firm can help you receive the compensation you deserve. We have a track record of success and will put that experience to work for you. Contact us today to schedule your free initial consultation.

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If you are struggling with a serious injury, or are fighting against seemingly impossible odds against big corporations, insurance companies or the government, call us to speak with our team of trial lawyers who will fight for you. We take no fee unless we earn it by winning your case.