When your child was harmed by a birth injury, your primary focus is on their recovery and well-being — not on taking legal action. Many parents hesitate to contact a lawyer because they worry that filing a birth injury claim might disrupt their child’s care, alienate doctors, or limit access to treatment.
The truth is, a birth injury claim is designed to secure the resources your child will need for the rest of their life, not interfere with their care.
Key Takeaways
- Filing a birth injury claim does not interfere with your child’s ongoing medical treatment.
- Doctors and hospitals carry malpractice insurance to handle legal claims separately from patient care.
- A successful claim can fund lifelong medical and therapy needs, including care from new or existing providers.
- Families who take legal action can still choose where their child receives treatment. Hospitals cannot lawfully refuse care because of a lawsuit.
- ABC Law Centers manages every step of the process so you can focus on your child’s health and treatment.
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Dealing with a birth injury diagnosis can be difficult, but our attorneys can help. The ABC Law Centers: Birth Injury Lawyers team focuses exclusively on birth injury and are dedicated to earning justice for families like yours.
“Some people think, ‘I don’t want to file a lawsuit against my obstetrician. I’m not a litigious person.’ But the thing is, you’ll have a child who is injured for many decades to come. [You take legal action] to provide for your child…. They’re the ones [in addition to you] who are going to be living with this…. And doctors and medical staff have insurance for that reason.”
— Attorney Jesse Reiter, Founding Partner, ABC Law Centers
Filing a Claim Does Not Mean Ending Your Child’s Care
Hospitals and doctors cannot refuse care to your child because you filed a legal claim. Patient care and legal proceedings are handled through separate administrative and insurance channels.
- Physicians and nurses are still ethically and legally obligated to provide treatment if your child needs their services.
- Malpractice insurers—not the providers personally—handle the defense and any settlement or verdict payments.
- If you prefer to continue with a different care team, your attorney can help transfer records smoothly to new providers.
Understanding How Birth Injury Lawsuits Work Behind the Scenes
The legal process for a birth injury case happens largely outside the hospital or clinic, managed by lawyers and insurance representatives. Knowing what happens behind the scenes can relieve much of the fear families feel about suing a doctor. Here is a quick summary:
1. The attorney-to-insurer process
Once you hire a lawyer, your legal team communicates directly with the hospital’s or provider’s insurance company and defense counsel. Your child’s treating doctors typically play no role in these communications.
2. Evidence collection and medical review
Your attorney will gather and review medical records, imaging, and other documentation. This process is confidential and handled between legal teams, so it does not interrupt your child’s current medical appointments.
3. Negotiation and resolution
Many cases are resolved through negotiation or mediation rather than trial. If a trial is necessary, your attorney will represent you in court and prepare you for the process. Since most cases settle, families rarely need to appear except in limited circumstances.
4. Confidentiality and privacy
All medical records are handled under strict HIPAA rules, and hospitals are accustomed to responding to record requests in malpractice cases.
How to Protect Your Relationship With Medical Providers
It’s natural to worry about tension with the doctors or nurses still treating your child. In practice, however, healthcare professionals are trained to maintain professional boundaries and continue providing care even when a legal claim is pending.
Here’s what helps preserve that relationship:
- Keep appointments and communication focused on care. You should not discuss the lawsuit with your child’s providers.
- Let your attorney handle all legal correspondence. Avoid delivering or discussing documents directly with medical staff.
- Request medical records through your lawyer. This ensures formal documentation and prevents misunderstandings.
- Remember that the hospital’s risk management team, not your child’s medical providers, handles lawsuits. As a result, the hospital’s legal department, not your child’s care team, communicates with your lawyer.
Most hospitals have policies that separate clinical staff from the legal process entirely. In other words, your pediatrician, therapist, or specialist can keep caring for your child without interference.
How a Birth Injury Claim Can Improve Your Child’s Future Care
The reason people are allowed to file legal claims is to help them afford the medical, therapeutic, and educational resources their child will need. Compensation received from a successful lawsuit can support:
- Ongoing therapies (physical, occupational, and speech)
- Home and vehicle modifications for accessibility
- Medical equipment such as wheelchairs, communication devices, and lifts
- Medications, hospitalizations, and specialist visits
- Future surgeries or treatments
- In-home nursing or attendant care
- Special education and life-care planning
This funding gives families the freedom to make care decisions based on what is best for their child, not limited to what insurance or personal finances allow.
Doctors and Hospitals Carry Malpractice Insurance
Medical malpractice coverage exists so that families can seek fair compensation without jeopardizing care. When a claim is filed against a medical provider:
- The insurance company appoints a defense attorney for the provider.
- Communications about the case go through the insurer, not through your child’s doctor.
- Your attorney handles all correspondence, evidence, and deadlines.
This process ensures professionalism and privacy, allowing families to continue care without conflict.
Why Taking Early Legal Action Protects Both Important Evidence and Ongoing and Future Care for a Lifetime
Acting promptly after a birth injury both preserves your legal rights and protects your child’s access to quality care.
- Medical records and digital data are time-sensitive. Hospitals may overwrite electronic records or fetal monitoring data after a set period. A timely preservation letter ensures those materials are saved.
- Early case review helps secure funding sooner. The earlier your case begins, the sooner your legal team can identify the care costs that need to be covered.
- Coordinating medical experts early supports better planning. Attorneys often work with independent medical professionals to outline your child’s future care needs. This information can also guide your treatment decisions.
Working with an attorney early helps your legal and medical teams work in parallel to support your child’s long-term health.
Will a Lawsuit Affect My Child’s Insurance Coverage?
No. Health insurance and government benefit programs (such as Medicaid or SSI) operate separately from civil lawsuits. In many cases, settlement funds are structured to protect eligibility for public benefits and to cover gaps in private insurance.
Why Choose ABC Law Centers?
The legal team at ABC Law Centers has extensive experience handling birth injury cases nationwide. Birth injury law is all we do, and we are dedicated to providing exceptional legal services to all families who are facing a future that involves ongoing care.
When you choose to work with us, our team:
- Handles all communications with providers, hospitals, and insurers
- Sends preservation letters to secure medical evidence
- Works with medical professionals to organize and document your child’s long-term needs
- Prepares life-care plans to show future costs when needed
- Pursues maximum compensation while keeping your child’s well-being the top priority
Frequently Asked Questions About Medical Care After Filing a Birth Injury Case
Can my doctor refuse to treat my child if I file a claim?
No. That would violate medical ethics and potentially state or federal law. Providers must treat patients based on need, not legal status.
Will my child’s hospital records remain confidential?
Yes. Hospitals must follow HIPAA privacy rules. Legal requests for records are handled through secure, authorized channels.
Can filing a claim delay my child’s therapy or early intervention services?
No. Legal proceedings run on a separate track from medical and therapy scheduling. Your child’s existing services should continue uninterrupted.
Will my child’s doctors know about the lawsuit?
Your treating physicians may receive notice through the hospital’s legal or insurance department, but they typically are not involved in the case and should remain focused on care.
What if my child is treated at the same hospital named in the lawsuit?
Hospitals separate legal and clinical functions. The claim will not affect your child’s appointments, insurance billing, or access to care.
How long does a birth injury lawsuit take?
Each case is different. Birth injury cases can take several years. Complex medical evidence and life-care evaluations take time, but your lawyer will handle the process while you focus on your child’s needs.
What if my child’s doctor feels guilty or apologizes?
You can accept that compassion without giving up your right to seek justice. Most doctors expect their insurance to handle claims professionally.
