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, if your baby’s doctor does deny your request for additional testing, it’s important to know your rights.
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 seen as medical negligence because they are not taking every reasonable action to provide care to your baby.
A doctor must ensure they are ordering all tests necessary to provide the treatments a patient needs—including when the patient is a baby. Unfortunately, a doctor who delivered a baby suspected of suffering a brain injury may not be the most willing to order a test for brain imaging for one specific reason: 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 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.
What Are My Options If the Doctor Denies Testing?
If your doctor denies your request for additional testing when you suspect a birth injury, it’s essential to understand your options to ensure your baby receives the proper care and to protect your legal rights.
Throughout the process, regardless of the steps you take, keep detailed records of your requests for testing, including dates, times, and the doctor’s responses. Document any symptoms or issues your baby is experiencing and any steps you’ve taken to address them. This documentation can be crucial if you decide to pursue legal action.
- Seek a Second Opinion:
If your doctor refuses to order the necessary tests, consider seeking a second opinion from another healthcare provider. A different doctor may be more willing to conduct the tests needed to diagnose the injury accurately and provide the appropriate treatment.
- File a Complaint:
You have the right to file a complaint with the hospital or medical facility where the birth took place. This can prompt an internal review of the doctor’s actions and potentially lead to the necessary testing being ordered.
- Consult with a Birth Injury Lawyer:
Contact a birth injury lawyer to discuss your case. An experienced attorney can provide guidance on your legal rights and help you navigate the process of getting the testing and care your baby needs. They can also assist in gathering evidence and building a strong case if medical negligence is suspected.
- Pursue Legal Action:
If it’s determined that the doctor’s refusal to order testing constitutes medical malpractice, your lawyer can help you file a lawsuit. Legal action can help you secure compensation for medical expenses, ongoing care, and other damages resulting from the birth injury.
By taking these steps, you can ensure your baby receives the necessary medical attention and hold healthcare providers accountable for their actions. It’s important to act quickly to protect your child’s health and your family’s rights.
Contact Beam Legal Team Today
We’re here to help. At Beam Legal Team, we recognize how serious birth injuries are. We also know 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.
Originally published June 13, 2019.
Need a lawyer? Call us at (866) 404-5221 today.
