The head of our organization, Ken Stern, has spoken at length about the frustration we all feel about the statute of limitations for birth injuries and, specifically, the wide variances which exists on a state-to-state basis when it comes to applying the statute of limitations. Such limits often prevent well-meaning parents who have delayed finding out more about their child’s diagnosis from receiving Lifetime Benefits for care now and for decades to come. However, there is another frustrating subject that we continue to hear about far too often that’s crucial to maintaining the short and long-term health of children with Cerebral Palsy, and that’s access to medical records.
Because Cerebral Palsy is a birth injury, getting access to the child’s medical records relating to the steps taken during delivery can be crucial. As a result, parents must have complete access to all tests, notes and records directly relating to the child’s birth. While medical records for the child are important, it is also important to obtain the medical records of the mother. Knowing how an OBGYN went about the pregnancy and the medications prescribed or treatments utilized are extremely important as a misdiagnosis, medical malpractice or incorrect treatment may be directly linked to the child’s Cerebral Palsy. When this is the case, Lifetime Benefits may be available to help limit the damage done by this avoidable mistake.
The fact these medical records may contain doctor (or other medical staff) errors is why they sometimes can be difficult to get ahold of. This in and of itself is absurd as these records are your property and it is well within your right to request and receive them. We’ve noted time and again that knowing that a possible lawsuit may be coming often leads the record holders to delay delivery of the requested records.
At its core, this is all so disappointing because in a just world, medical professionals would own their mistakes and be open and honest about their role in causing a child’s Cerebral Palsy. While not all CP is preventable, it is important to understand the true cause of each child’s Cerebral Palsy in order to find out what benefits they may be eligible for and to undertake early intervention, therapy and care.
If you have questions about the cause of your child’s Cerebral Palsy, please contact our offices today. We can help you get access to your medical records and conduct a Medical Legal Review that will begin to provide answers to your CP questions.