In the aftermath of a potential birth injury, there are a number of ways to identify whether the injury is present and what could have caused it. One of those ways is through additional testing of your baby including MRI scans, PET scans, and EEGs.
This testing is crucial in showing just how serious the injury your baby sustained is, but it’s not something the doctor is always willing to provide. However, knowing your rights if your baby’s doctor does deny your request for additional testing is very important.
Denying Testing Can Be a Failure to Diagnose
One form of medical malpractice that comes up in legal matters is a failure to diagnose. If a doctor decides to deny your request for additional testing, it can be something that is seen as acting in negligence because they are not doing everything in their power to provide care to your baby.
A doctor must ensure they are ordering all tests necessary to provide the treatments a patient needs—including a baby. Unfortunately, a doctor ordering a test for brain imaging on a baby suspected of suffering a brain injury may not be the most willing to provide that for one specific reason.
When you’re requesting additional testing for brain imaging, you may be dealing with the same doctor who helped during the labor and delivery. If they do in fact order additional testing and it shows that something went wrong, the doctor may be held accountable if their negligence caused the baby to suffer an injury.
Therefore, many doctors don’t want to help you build a case against them—they don’t want to admit they made a mistake.
We’re here to help. At Beam Legal Team, we recognize how serious birth injuries are and the many tactics doctors use to mask their errors and how they try and avoid paying you compensation for the damages done.
Our Chicago birth injury lawyers work with you at every phase. If you suspect a birth injury, be sure to request additional testing. If it’s denied, reach out to our team and learn what rights you may have to move forward.
Need a lawyer? Call us at (866) 404-5221 today.