A birth injury does more than just derail the joyous expectations you have for your child’s birth; it may also change the course of your child’s life and your family’s daily routines going forward for months, years, or even permanently, depending on the severity of the injury.
During the early days, weeks, and even months after the birth trauma, you may be completely caught up in your child’s care, but eventually, you may turn to the civil court system to recover the sense of justice you and your child deserve, as well as financial compensation for the substantial long-term losses your family faces.
Documenting Long-Term Medical Needs After a Severe Birth Injury
Retain all Documents Related to the Early Days of Your Child’s Case
Documentation of evidence in a birth injury case begins with the medical records from the hospital, birthing center, or other facility where the birth occurred. It’s helpful to begin a file to keep copies of the medical records, lab and imaging test results, second opinions, daily care notes, and records of all medical procedures and medications used to treat your child after the birth. Keep copies of all medical bills, insurance explanation of benefits (EOBs), and receipts for all injury-related expenses, such as travel costs to see specialists.
Finally, carefully track all of your family’s income loss for time away from work to meet your child’s care needs.
File a Birth Injury Claim Within Two Years of a Child’s Severe Birth Injury
The parents of a birth-injured child have up to two years to file a birth injury claim to recover compensation for damages, such as the following:
- Their child’s medical expenses and future medical costs
- Costs for physical, occupational, and speech therapy, adaptive equipment, and home health assistance
- Costs of mobility devices and adaptive equipment for the home and vehicle
- Special education needs
- Parents’ lost wages and anticipated future income loss
- Compensation for their emotional anguish
- Compensation for the child’s lifelong pain, suffering, and diminished quality of life
The statute of limitations expires two years from the date of the birth injury or from the date of discovery. For this reason, it’s important to consult with medical experts and special education professionals to document evidence of your child’s future care needs beyond the first two years. After a severe birth injury with long-term effects like cerebral palsy, these needs and expenses are substantial.
Continuing to Document Evidence of Long-Term Care Needs
It’s beneficial to continue documenting evidence of your child’s medical needs and the other impacts of the birth injury in case your child wishes to file their own birth injury-medical malpractice claim. When a minor suffers an injury, they have up to two years after their 18th birthday—or until they turn 20— to file a claim; however, under Arizona 48-3734. Review; res judicata, a child cannot file a claim for damages already compensated to their parents through a settlement or court award for a parental lawsuit for a birth injury.
After turning 18, a birth-injured child may be able to recover compensation if their parents’ claim was withdrawn or dismissed, or if they suffered significant damages not compensated under the original judgment. For this reason, it’s important for parents to continue to document their child’s long-term needs and encourage their child to keep a journal logging the daily effects of the birth injury on their life.