Medical records are a vital part of investigating a medical birth injury case. They provide details as to what happened during the birth of your child. After birth, the medical records will document all the care provided to your child.
It can be confusing as to whose medical records are whose. So let's try to clear it up.
All records of everything that happens during the prenatal care and the labor and delivery belong to the mother. Only she will be able to authorize getting the records in a birth injury case.
After the birth, the records of the child belong to the child. Both parents can authorize the disclosure of these records.
Why is this an important topic?
Sometimes I will get a call from a father or grandparent of a baby to ask about a birth injury case. I have to make it clear that the mother of the baby must be on board also. If she is not, then the prenatal and labor/delivery records cannot be obtained.
If you think your baby's injuries are from medical malpractice, please call 443-845-1456. Free case review. You pay nothing unless the case is won.