When a birth injury is suspected parents immediately want answers and a plan. These injuries range from immediately noticeable issues during delivery to subtle developmental problems surfacing later. Early signs that suggest a birth injury may include:
- Difficulty feeding or swallowing
- Excessive fussiness or high-pitched crying
- Unusual eye movements or abnormal muscle tone (either very stiff or floppy)
Recognizing these symptoms quickly allows you to take critical proactive steps.
Prioritize medical documentation
Parents must secure all medical records related to the pregnancy labor delivery and your child’s postnatal care. This step gives medical professionals a comprehensive view of the events. You ensure you have a complete and detailed history by collecting these records promptly which is vital for diagnosis and any future action you may choose to take. Do not rely solely on verbal accounts; the written documentation is the most reliable evidence.
Consult a certified physician
Parents must then seek a second opinion from an independent specialist, perhaps a pediatric neurologist or a doctor specializing in the suspected condition. This action provides an unbiased evaluation of your child’s health. The physician can confirm the diagnosis, determine the likely cause of the injury and recommend an effective long-term treatment plan. This independent assessment is crucial for confirming your suspicions.
Understand your time limit
Families in Iowa must promptly investigate the circumstances surrounding the injury. You should know that Iowa law imposes strict time limits called a statute of repose on filing medical malpractice lawsuits. Generally, families must file within six years of the incident.
However, if your child was under the age of eight when the alleged malpractice occurred you generally have until their tenth birthday to file a claim. Acting quickly helps you preserve crucial evidence and ensures you meet all applicable deadlines for taking legal action.
Protecting your child’s future
A birth injury can impose significant lifelong costs on a family including extensive medical treatment therapy and specialized care. You need resources to provide your child with the best possible quality of life and necessary support. By taking deliberate timely action and with the proper legal guidance, parents can protect their child’s long-term health and financial stability.