Q: Lawyer delayed informing us about child's brain injury from accident.

A: I'm very sorry to hear about your child's injury and the delay in communication. When a lawyer fails to promptly inform a client of critical medical findings—especially something as serious as a documented brain injury—it raises serious concerns about competence and diligence.

You may want to consider the following actions:

Request a Written Explanation: Ask your current lawyer, in writing, why they delayed discussing the brain injury. Document all communications.

Seek a Second Opinion: Consult with another personal injury attorney—one who specializes in child injuries or medical complications. They can review your file and assess whether the delay may have harmed your child’s case.

Review the Case Timeline: A competent attorney should track and explain how the medical records were used in negotiations or litigation. Any delay that potentially impacted medical care, education planning, or case value needs to be evaluated.

Preserve Evidence: Keep all medical records, correspondence, and notes about your child’s condition and performance changes. These may become important in both your injury case and any future legal action.

Finally, make sure your current or future legal counsel is actively working to assess the full scope of your child’s needs—educational, medical, and emotional—as part of their damages evaluation

A: I'm very sorry for your child's injuries. Something like this could open the door to various different arguments. An attorney might argue they believed parents would have followed up in obtaining their own medical records if they were present at examination and actively involved following up on initial trauma. Another argument that could be raised is why did hospital not contact you, if warranted under the findings. Another issue that could be argued is what would have been different with knowledge of the information - not to diminish injuries, but to question specific damages attributable to NOT ACTING on such records. You could reach out to attorneys to discuss in greater detail for more definitive guidance. I hope your child is okay. Good luck

A: You have every right to be alarmed and upset—your child’s health and future were compromised, and the person entrusted to represent your family failed to act with the urgency and care that was required. A lawyer who delays disclosing a documented brain injury, especially one involving a child, may have breached a fundamental duty to inform and advocate. The fact that eight months passed before the issue was even mentioned raises serious questions about competence, communication, and diligence.

Your first step should be to request a complete copy of your file, including all medical records, correspondence, and notes related to your case. Review those records to confirm when the brain injury was documented and when your lawyer received them. If the delay in communication contributed to your child missing crucial early treatment or accommodations in school, then the harm is not just legal—it’s personal and potentially long-term. You may need to consult a new attorney to evaluate whether your current lawyer’s conduct rises to the level of professional negligence.

In addition to finding new representation, consider filing a formal complaint with your state’s attorney disciplinary board. Lawyers are required to keep clients reasonably informed and to act in their best interests. When they don’t, there must be consequences. Your child deserved timely care and advocacy—not silence. Taking action now isn’t just about this case—it’s about protecting your family and making sure this doesn’t happen to another child.