I think something went wrong: the first 30 days
The short answer
If you think something went wrong, there are four things to do first. Ask what happened, in plain words. Write down what you remember. Request the medical records. Refer your child to early intervention.
Everything else can wait. This page puts the rest in order so you do not have to hold it all in your head.
The numbers, up front
- You can refer your own child for therapy
- A child under 3 with a suspected delay or a diagnosed condition is entitled to a free evaluation. You can refer them yourself. No doctor referral and no diagnosis is needed 1
- The evaluation timeline
- After a referral, the evaluation and the first plan meeting must happen within 45 days 1
- You have a right to the records
- Federal rules give you the right to your own records and your child's records, generally within 30 days, with one 30 day extension allowed 2
- Fees are limited
- A provider may charge a reasonable, cost-based fee. They may not charge a search or retrieval fee 2
- Deadlines to file a claim vary by state
- Every state sets its own deadline, and most pause the clock for children in some way. Check your state early 3
- Early therapy matters
- Evidence supports starting therapy as soon as a child is identified as high risk, rather than waiting for a confirmed diagnosis 4
Before you start, one thing
You are not behind. Nothing on this page has been missed because you did not read it on day one.
Do the parts you can. Ask someone else to do the rest. Most of this can be done by a partner, a parent or a friend who wants to help and does not know how.
This page is general information. It is not medical advice and it is not legal advice. Talk with your child's doctor about medical questions. Talk with an attorney licensed in your state about deadlines and rights.
Week 1: ask, and write it down
Ask what happened, in plain words
Ask the team to explain in words you understand. Ask them to write the main points down. It is normal to ask twice. You will not remember the first answer.
Good questions to ask:
- What do you think happened, and when?
- What tests have been done, and what did they show?
- What are you watching for over the next few days?
- What is the plan today?
- Which parts are you uncertain about?
Write down what you remember
Do this now. Memory fades faster than anyone expects, and details that seem small turn out to matter.
Write the hours in order. When you arrived. What you were told. Who came in. What machines were used. When things changed. What you noticed. What you said and what was said back.
The delivery timeline builder prompts you through it and prints. It runs in your browser and saves nothing anywhere unless you ask it to.
Ask two specific questions
Was the placenta sent to pathology? The report often explains things nothing else can. It is usually filed apart from the rest of the chart. 5
What were the cord blood gases? These are drawn from the cord at birth. Ask for the actual numbers. 5
Start a binder
One place for everything. Names, dates, numbers, results. The NICU binder pack prints with tabs and daily log sheets.
Week 2: request the records
Do this early. Records are easier to get while the birth is recent.
You have a federal right to your own records and to your child's records. A provider generally has 30 days, with one 30 day extension allowed. They may charge a reasonable, cost-based fee. They may not charge you for searching or retrieving. 2 6
Ask for two separate sets
Your records. Prenatal care, labor and delivery, and your stay after the birth.
Your baby's records. The newborn record, any NICU stay, and every test.
They are usually stored separately. Ask for both by name.
Ask for these by name
Some documents are stored apart from the main chart and are left out unless you name them.
- The fetal monitoring strips for the whole labor, including the digital archive.
- The anesthesia record.
- The placental pathology report.
- The newborn resuscitation record.
- The medication administration record and any infusion records.
- All imaging reports, and the images themselves.
The records request builder writes both letters for you. It lists every document by name and shows your state's fee limit and deadline.
Do not sign a blanket release for anyone else yet
You can always sign one later. Get your own copy first.
Week 3: get therapy started
You do not need a diagnosis. You do not need a doctor's referral. You can refer your own child today. 1
If your child is under 3
Call your state's early intervention program. The evaluation is free. After you refer, the evaluation and the first plan meeting must happen within 45 days. 1
The early intervention finder gives you your state's contact.
If your child is 3 or older
Write to your school district and ask for an evaluation for special education. Put it in writing and keep a copy. 7
Why not wait
Evidence supports starting as soon as a child is identified as high risk, rather than waiting for a diagnosis to be confirmed. The first years are when the brain changes most. 4
If the evaluation finds nothing, you have lost nothing.
Also this week
Week 4: money, deadlines, and your own health
Money
Apply now for the things with waiting lists.
- Medicaid waivers. Many states have long waits. Applying early matters more than qualifying today. 10
- SSI. A monthly payment for children with disabilities and limited household income. 11
- Your state's program for children with special health care needs. 12
The financial help finder lists what exists in your state.
Deadlines
Every state sets a deadline for filing a claim. Most pause the clock for children in some way, and some have an outer limit that applies anyway. The rules differ a great deal.
Check your state with the statute of limitations lookup. Then confirm it with an attorney licensed in your state. A website cannot tell you your deadline.
Your own health
This matters and it gets skipped.
Parents of children with disabilities have higher rates of depression, anxiety and post-traumatic stress. That is a clinical finding, not a personal failing. 13 14
If you gave birth, you also need your own follow-up. Postpartum care is meant to be an ongoing process, not one visit at six weeks. 15
In the United States, the National Maternal Mental Health Hotline is 1-833-TLC-MAMA and it is free and open at all hours. 16
What can wait
You do not have to do any of this in the first month.
- Deciding whether to talk to an attorney. Get the records first.
- Reading the whole record. It will take weeks and you will read it better later.
- Researching every possible diagnosis.
- Making decisions about school.
- Answering relatives.
One thing is worth saying plainly. Getting the records is not the same as deciding to sue. They are your child's medical history, and you will need them for doctors, for school and for every specialist for the next twenty years, whatever else you decide.
A printable version
The First 30 Days checklist is designed to print. It has the same steps with boxes to tick and space to write.
Print it. Put it in the binder. Cross things off. Nobody is keeping score.
Questions parents ask
Is asking for the records a hostile act?
No. They are your records and your child's records, and you have a federal right to them. 2 Parents request records for all kinds of reasons: a second opinion, a specialist referral, a move, or simply wanting to understand. Requesting them commits you to nothing.
What if I cannot afford the copying fee?
A provider may charge a reasonable, cost-based fee, and may not charge for search and retrieval. 2 Ask for the records in electronic form, which is usually cheaper. Ask what the fee will be before they start. Some states cap it, and the records request builder shows the limit for your state.
Should I talk to an attorney now?
There is no need to rush in the first month, and there is a reason not to wait too long either, because every state has a deadline. Get the records first. Then read how to find and evaluate a birth injury attorney and what a case looks like. Both explain the process without recommending anyone.
My baby is in the NICU and I cannot do any of this.
Then do one thing: write down what you remember about the birth. That is the only item on this page that gets harder with time. Everything else can be done in a month, or by someone else. Ask a specific person to do a specific task, because people want to help and do not know what to offer.
Where these facts come from
- U.S. Government Publishing Office, Electronic Code of Federal Regulations. 34 CFR Part 303, Early Intervention Program for Infants and Toddlers with Disabilities. 2025. www.ecfr.gov/current/title-34/subtitle-B/chapter-III/part-30. Link checked September 3, 2026.
- U.S. Department of Health and Human Services, Office for Civil Rights. Individuals Right under HIPAA to Access their Health Information, 45 CFR 164.524. 2024. www.hhs.gov/hipaa/for-professionals/privacy/guidance/access/. Link checked September 3, 2026.
- American Bar Association. State Bar Association Directory. 2025. www.americanbar.org/groups/bar_services/resources/state-loca. Link checked September 3, 2026.
- JAMA Pediatrics. Early, Accurate Diagnosis and Early Intervention in Cerebral Palsy. 2017. jamanetwork.com/journals/jamapediatrics/fullarticle/2636588. Link checked September 3, 2026.
- American College of Obstetricians and Gynecologists and American Academy of Pediatrics. Neonatal Encephalopathy and Neurologic Outcome, Second Edition. 2014. www.acog.org/clinical/clinical-guidance/task-force-report/ar. Link checked September 3, 2026.
- U.S. Government Publishing Office, Electronic Code of Federal Regulations. 45 CFR 164.524, Access of individuals to protected health information. 2025. www.ecfr.gov/current/title-45/subtitle-A/subchapter-C/part-1. Link checked September 3, 2026.
- U.S. Department of Education. IDEA Part B, Assistance for Education of All Children with Disabilities. 2025. sites.ed.gov/idea/statute-chapter-33/subchapter-ii. Link checked September 3, 2026.
- CDC. Early Hearing Detection and Intervention (EHDI) Hearing Screening and Follow-up Survey. 2024. www.cdc.gov/hearing-loss-children/hearing-screening/index.ht. Link checked September 3, 2026.
- American Academy of Pediatrics, Pediatrics. Hospital Discharge of the High-Risk Neonate. 2008. publications.aap.org/pediatrics/article/122/5/1119. Link checked September 3, 2026.
- Centers for Medicare and Medicaid Services, Medicaid.gov. Home and Community Based Services. 2025. www.medicaid.gov/medicaid/home-community-based-services/inde. Link checked September 3, 2026.
- Social Security Administration. Benefits for Children with Disabilities. 2025. www.ssa.gov/pubs/EN-05-10026.pdf. Link checked September 3, 2026.
- Health Resources and Services Administration. Title V Maternal and Child Health Services Block Grant. 2025. mchb.hrsa.gov/programs-impact/title-v-maternal-child-health-. Link checked September 3, 2026.
- National Institute of Mental Health. Perinatal Depression. 2024. www.nimh.nih.gov/health/publications/perinatal-depression. Link checked September 3, 2026.
- U.S. Department of Veterans Affairs, National Center for PTSD. PTSD Basics. 2024. www.ptsd.va.gov/understand/what/ptsd_basics.asp. Link checked September 3, 2026.
- American College of Obstetricians and Gynecologists. Committee Opinion 736, Optimizing Postpartum Care. 2018. www.acog.org/clinical/clinical-guidance/committee-opinion. Link checked September 3, 2026.
- Health Resources and Services Administration. National Maternal Mental Health Hotline. 2025. mchb.hrsa.gov/national-maternal-mental-health-hotline. Link checked September 3, 2026.