Obtaining medical records in a birth injury lawsuit is an absolute must before filing a lawsuit – and there are many records that need to be obtained. Sometimes, the process can be difficult, but knowing what to obtain and when to obtain it can make all the difference.

What records to obtain and when to obtain them

In order to find out what records should be obtained in a birth injury lawsuit, we asked Jeff Milman, an attorney who has been practicing medical negligence law for 26 years and member of the Advocate Law Group. According to Milman:

Eventually, the lawyers are going to get all the records, but it’s important to initially request the prenatal chart – the chart that the doctor keeps in their office for the mother. It would be under the mother’s name. Then separately, assuming the baby is born in a hospital; there will be two charts to obtain. One will be a chart under the mother’s name and the other will be a chart under the baby’s name which would include the pediatric records and the neonatology records.

The last thing we want to obtain right away is the fetal monitoring strips. Later on, the lawyers can get other things such as the MRI films, but the important thing to know is that hospital records have two separate charts; one for mom, one for baby.

Who should obtain the records?

Parents or guardians who are filing a suit already have a lot on their plates – both financially and emotionally. Knowing who should obtain medical records can add additional pressure, but Milman explained, “It would be prudent for both the parent and the lawyer to obtain them, actually. If you suspect that there’s medical negligence, parents should immediately try and get a copy of the records. Then later on, as the litigation progresses, we (the lawyers) obtain the records via subpoena and authorization. Every once in a while you get lucky and it turns out the records that the parents obtained are not the same ones supplied in the litigation and they’ve been altered. It doesn’t happen often, but nothing settles a case faster than altered records.”

Don’t take no for an answer

It’s often difficult for non-lawyers to obtain these documents from hospitals, especially when the hospitals suspect that a lawsuit may be filed. We asked Milman how difficult it is for non-lawyers to obtain medical records. He told us that, “It depends on the hospital. Some hospitals are very giving and others will put roadblocks up in their way. The important thing to remember is that absent copying charges, these records are that of the patients and they have the right to them. So don’t take no for an answer – and if they can’t get anywhere with the hospital on obtaining the medical records – go see your lawyer!”

If your child was profoundly injured or died as the result of medical negligence, contact an attorney whose practice focuses in this area of law for help. To contact an experienced attorney near you, please click here.