Every potential claim turns on its own medical history, evidence, responsible parties, and deadlines. The points below are a starting place—not a substitute for advice about a particular case.
Begin before labor
Prenatal records may show the pregnancy history, ultrasounds, testing, maternal conditions, medications, and plans for delivery. These details can explain what the care team knew about risks and what precautions were considered.
Build a minute-by-minute labor timeline
Labor and delivery records can include admission notes, nursing flowsheets, fetal heart rate tracings, medication administration, orders, calls to clinicians, operative reports, and delivery notes. Comparing the timing of a change in condition with the response can be central to an expert review.
Review both mother and baby after birth
Newborn resuscitation notes, laboratory results, cord gases when obtained, imaging, neonatal intensive care records, and discharge summaries may help identify the nature and timing of an injury. Maternal records may reveal infection, bleeding, or other complications relevant to the child’s course.
Later records document the child’s development
Pediatric, neurology, therapy, early intervention, and school records show how the child is doing over time. They can also help distinguish an injury from other possible causes and document the services the child needs.
Records alone do not establish malpractice
A difficult delivery or abnormal test does not automatically mean someone was negligent. Qualified experts assess the care against accepted practice and examine whether a departure caused the particular injury. New York’s medical malpractice filing rules generally require an attorney to consult an appropriate medical professional before commencing suit, subject to statutory alternatives.
Related information
This article provides general information, not legal advice. Reading it or contacting Noah does not create an attorney-client relationship. Results depend on the facts and law applicable to each matter.