When your newborn suffers brain damage from a lack of oxygen during labor or delivery, the effects on your child and your family are serious and lasting. The days ahead are hard, and what to do next is not always clear.
If this has happened to your child in New York, two steps deserve your attention: gathering the medical records from that day and learning your legal options.
Securing the medical records
Medical records show you what happened in the delivery room. You may want to request records from the delivery, including any imaging your child received. New York law generally gives parents access to their child’s medical records through a written request, although some restrictions may apply.
Once you receive them, keeping your own complete copy somewhere safe is worth the effort. Relying only on the hospital’s copy is a risk. If a dispute arises over the records later, your copy gives you a reliable reference. Writing down what you remember from the delivery as soon as possible adds context that hospital files do not capture.
Exploring a birth injury claim
Brain damage from oxygen deprivation may point to medical negligence if a health care provider failed to meet the standard of care during labor or delivery. New York sets filing deadlines for medical malpractice claims, so timing may become important if you decide to pursue a claim.
If you want to know whether negligence played a role, reviewing the circumstances of the delivery may help clarify what happened. Learning more about brain damage from oxygen deprivation may also help you understand what the diagnosis means for your child’s care.
Taking the next steps
The information you gather now may help you piece together what happened during the delivery and keep important details from getting lost. Reviewing the records and what you remember from that day may also help you better understand your options and decide what steps make sense for your family.