What are the first steps in pursuing a birth injury medical malpractice claim against a hospital?

Personal Injury

Liz

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With next steps, first, your friend would usually want to make sure to collect all medical records related to the birth and the defect. This includes records from the hospital where the birth took place and any subsequent medical evaluations. Under the federal HIPAA Privacy Rule, a hospital generally must let patients inspect or get copies of their records, and it may require the request in writing (45 CFR § 164.524). These documents will be crucial in establishing the facts of the case. She will want those also reviewed, usually by a doctor, so that a formal opinion can be reached. If the second doctor agrees it’s negligence, a personal injury or medical malpractice attorney is then a good next step. Most state bars have a referral service.

Medical Records Release Authorization Form (Waiver) | HIPAA

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I just gave birth to a baby. And the hospital has given my baby a defect on her face through negligence.

Lexi, Chatbot

I’m so sorry to hear about your baby’s situation; that must be incredibly difficult for you. Can you please tell me what specific defect or issue you are concerned about?

It’s from what they claim a contraction tube.

Lexi, Chatbot

Have you already discussed this matter with the hospital or any medical professionals regarding the negligence?

Yes.

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they’ll be able to help with your medical negligence claim.

I don’t know.

Liz

Hi there! Welcome to our service. My name is Liz, and I’ve been an attorney for more than a decade. I am here to assist with your legal concerns. Just so you are aware, our service is a legal information-only site. No attorney-client relationship is formed from our conversation. First, congratulations on your new daughter! So I can best help, have you had the defect looked at by a different doctor?

Yes.

Liz

Thank you for sharing that. Did the second doctor confirm it was created through negligence? Also, can it be corrected?

I am actually inquiring on behalf of someone close to me, so the information you’re receiving is via a third party.

Liz

I understand. I was asking about the second doctor because for a claim of negligence or malpractice, a second doctor is needed to set the standard of care. If it can be corrected, either now or in the future, the cost of correcting it can also form the damages to the case.

I understand.

Liz

Great. How else can I assist?

I need guidance on what my next steps should be, or connect me to an attorney that is experienced with hospital-related law.

Liz

Okay, thank you.

Liz

You’re very welcome.

Liz

47,163 satisfied customers

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