Birth Injury Attorneys Serving Clients in Cincinnati & All of Ohio
A birth injury can turn one of life’s most joyous moments into a terrible tragedy. While birth injuries have many potential causes, medical negligence should not be ruled out. A Cincinnati birth injury lawyer at Colombo Law can help you and your family pursue justice and fair compensation.
Statistically, about 2 babies for every 1,000 born in the United States suffer some type of birth trauma. This number may seem small, but the impact on newborns and their families is incalculable.
Colombo Law is a celebrated personal injury law firm. We handle a wide range of complex cases throughout Ohio. Our lawyers provide exceptional legal service, preparing every case as though it will go to trial.
For a FREE case review, call Colombo Law at 513-599-8841 today. A Cincinnati birth injury attorney at our firm will compassionately listen to your story and begin exploring your legal options.
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What Is the Most Common Type of Birth Injury?
Common types of birth injuries suffered by newborns in Ohio include:
- Head trauma, ranging from injury to the scalp to traumatic brain injuries
- Shoulder dystocia and brachial plexus injuries
– The brachial plexus nerves send signals to the arms and hands. Damage to the brachial plexus during birth can lead to:- Erb’s palsy
- Klumpke’s palsy
- Bone fractures
- Collarbone fractures are the most common type of bone break during labor.
- Facial nerve injuries
- Soft tissue damage, including injury to the muscles, joints, etc.
- Cerebral palsy
- Read More: What Causes Cerebral Palsy?
- Spinal cord injuries
- Birth asphyxia, which can cause oxygen deprivation to the baby’s brain
Some birth injuries are relatively minor, resolving on their own within days or weeks and causing no long-term complications. Other types of birth injury, however, can cause permanent damage. Tragically, extreme injuries can even lead to the wrongful death of a baby.
If your baby sustained an injury during labor or delivery, a Cincinnati birth injury lawyer can help. At Colombo Law, we pride ourselves on lifting people up when they are at their lowest. This includes families struggling with the aftermath of a birth injury due to medical errors.
What Is the Difference Between a Birth Defect and a Birth Injury?
Simply put, a birth defect starts during pregnancy. Genetic and environmental factors are to blame for the majority of birth defects, examples of which include spina bifida, cleft lip and cleft palate, and more.
Meanwhile, a birth injury is defined as any type of harm suffered by a baby during labor and delivery. Birth injuries may also occur shortly after the baby is born.
Causes of Birth Injury
Birth injuries have a number of potential causes. Sometimes there is no obvious cause and no one is to blame. However, such a conclusion should not be taken at face value.
Investigation of the care received by mother and child may reveal a host of errors on the part of medical professionals. The following examples illustrate how negligence can lead to a birth injury:
- Failure to account for risk factors: Conditions such as an oversized baby, abnormal presentation, and maternal infections can make labor difficult and increase the risk of harm to the baby, mom, or both.
- Prolonged labor: Labor lasting longer than 18 hours is considered delayed or prolonged. The longer it is before the baby is delivered, the greater the likelihood of birth injury.
- Forceps and vacuum extraction errors: Equipment such as forceps and vacuum extraction tools can help move the baby through the birth canal. Unfortunately, misuse of these items can injure the baby’s head, neck, and shoulders.
- Monitoring errors: Inadequate monitoring of the baby’s heart rate and oxygen levels during childbirth can have disastrous consequences, including brain damage.
- Delayed cesarean section: A cesarean section or C-section is a surgical procedure for delivering a baby. Medical errors can lead to the C-section being delayed, which increases the risk of complications for both baby and mother.
- Medication errors: Pitocin may be administered to induce or speed up labor. Too much Pitocin can deprive the baby of oxygen, potentially resulting in irreversible brain damage.
The delivery room of a hospital can be hectic, especially when things aren’t going according to plan. If you suspect medical negligence harmed your baby, you owe it to yourself to speak to a Cincinnati birth injury attorney as soon as possible.
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What Are the Signs of a Birth Injury?
Potential signs of a birth injury immediately after a baby is born include:
- Visible injuries such as bruising, swelling, lacerations, or abrasions
- Broken bones
- Weakness or paralysis of the facial muscles
- Excess drooling
- Poor reflexes
- Feeding issues, such as difficulty suckling or swallowing
- Low Apgar score
- Difficulty breathing
- Seizures
Unfortunately, not all birth injuries are immediately obvious. Some signs only become apparent as the child gets older. These may include:
- Abnormal muscle tone (too rigid/too floppy)
- Developmental delays (difficulty rolling over, sitting up or crawling)
- Motor skill problems
- Delayed speech (up to and including no speech at all)
- Poor vision or hearing
- Muscle spasms and lack of muscle control
- Abnormal posture of one hand or arm (indicative of brachial plexus injury)
If you are concerned about your child’s well-being, it is important to speak to a doctor as soon as possible. An experienced lawyer can discuss your legal rights if your child has been diagnosed with a birth injury and medical malpractice is suspected.
Compensation for Birth Injuries
A birth injury can radically alter the trajectory of your child’s life. The hopes you had for their future may be unattainable in light of their condition. Your family may also have to make major changes, such as switching or leaving careers, moving to a new home, paying for expensive treatment and therapy, etc.
Families shouldn’t have to face these challenges alone. Medical professionals should be held accountable when their negligence harms a baby.
At Colombo Law, we closely examine all of the ways a birth injury impacts the child and his or her family. This is a complicated process, as many of the damages in these cases are incurred in the future.
You and your family may be entitled to compensation for the following losses:
- ALL medical expenses, including current bills and the cost of future medical care
- Rehabilitation and therapy costs
- Modifications to the family home or vehicle
- Travel for medical appointments
- Parents’ lost wages
- Your child’s loss of earning capacity
- Pain and suffering
- Mental and emotional distress
- The effects of permanent disability
Experts in medicine, child development, economics, and other fields can help to establish the severity and extent of the child’s limitations, as well as the toll on the family. The Cincinnati birth injury lawyer you choose should have the resources and access to expert witnesses needed to prepare a strong case, as well as a successful track record in these complex matters.
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Who Can Be Held Liable for Birth Injuries?
Any medical professional who participated in the process of delivering the baby may be held liable if an error on their part led to a birth injury. This includes doctors (such as an OB/GYN, anesthesiologist, etc.), nurses, surgeons, and others.
For a birth injury claim to succeed, the following elements must apply:
- Duty of care: A professional relationship existed between the patient and the medical provider(s) in question.
- Standard of care: Medical care must be provided according to the standards of the profession given the situation at hand.
- Breach: Evidence must show that one or more medical professionals deviated from the standard of care, thus breaching their duty to the patient.
- Causation: The negligence of the provider(s) caused injury to the mother, child, or both.
- Damages: Finally, it must be shown that the child and his or her family sustained economic and non-economic damages as a result of the birth injury.
Can I Sue a Hospital for Birth Injury?
Yes, hospitals may be held liable for birth injuries. If a negligent provider was employed by the hospital, the hospital may be named as a defendant in a birth injury lawsuit. Alternatively, a birth injury attorney can present evidence of negligence on the part of the hospital, such as negligent hiring practices, inadequate supervision of staff, unsanitary conditions, and more.
Do You Need a Birth Injury Lawyer in Cincinnati?
It is in your best interest to have an experienced Cincinnati birth injury lawyer handle your claim. These cases are extremely difficult to win on your own, and you shouldn’t have to be worrying about legal questions when you’re trying to care for your child and look after your family.
Key reasons to hire a birth injury attorney include:
- Assessing the viability of your claim: Not all birth injuries are caused by medical malpractice. A knowledgeable lawyer can determine whether you have legal recourse.
- Investigating and collecting evidence: You need comprehensive medical records to pursue a birth injury claim. Your attorney can read and interpret these documents, as well as collect other necessary evidence.
- Calculating damages: When you think about the lifetime cost of a birth injury, it is easy to feel overwhelmed. A birth injury lawyer can rely on their professional experience, legal precedents, and expert testimony to calculate every dollar of compensation you and your family deserve.
- Settlement negotiations: Doctors and hospitals are protected by powerful insurance companies. You need someone to advocate for you in negotiations; without a lawyer, you are unlikely to receive a fair settlement.
- Trial preparation: If your case doesn’t settle, you’ll need a lawyer to file a lawsuit on your behalf, build a strong case for trial, and represent you in court if necessary.
Not all attorneys have trial experience. Furthermore, some firms have multiple offices with only an elementary understanding of the local community. When choosing a lawyer, you need one who is rooted in the Cincinnati area and deeply familiar with what it takes to go to trial—and win.
Frequently Asked Questions About Birth Injuries
What Is the Statute of Limitations on Birth Injuries in Ohio?
What Is Medical Negligence During Childbirth?
What Is Included in Birth Injury?
What Is the Difference Between a Birth Defect and a Birth Injury?
How Much Compensation for Birth Trauma?
How Do I Prove an Ohio Birth Injury Case?
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Live ChatHow Do I File a Birth Injury Claim?
First, you need to act fast. Ohio Revised Code § 2305.113 states that parents have 4 years from the date their child was injured to make a claim. This may sound like plenty of time, but birth injuries might not be discovered until months or even years after the fact.
Parents can extend the deadline 180 days by providing the defendant(s) with a written notice stating their intent to take legal action. Alternatively, a child who suffered a birth injury can file suit within one year of turning 18.
Any medical malpractice lawsuit filed with an Ohio court must include an “affidavit of merit.” This document states that a qualified expert has reviewed the plaintiff’s claim, understands the applicable standard of care, believes that one or more of the defendants were negligent, and concludes that their negligence caused the injury.
Bottom line: Trying to handle a birth injury claim on your own can be very challenging. A seasoned attorney can provide guidance and support through every step of your case.
Contact a Cincinnati Birth Injury Lawyer Today
Newborn babies deserve every chance at a good life. Errors in the delivery room can have tragic, lifelong repercussions. Colombo Law is committed to pursuing just compensation for the children and families facing these devastating situations.
For more than 25 years, Colombo Law has been a leader in personal injury law. We focus on challenging cases because that is where we can make the biggest difference in our clients’ lives.
If you believe your baby was injured due to medical negligence, call Colombo Law at 513-599-8841 today for a FREE case review. Our birth injury lawyers serve clients in Cincinnati and other areas of Ohio.
