The birth of a child should be a joyous occasion filled with happiness and hope for the future. But for some families, preventable medical errors during pregnancy, labor, and delivery turn that special day into a nightmare that leaves newborns with serious birth injuries. If your child suffered medical negligence birth injuries during childbirth, you may be entitled to compensation through a birth injury claim. The compassionate birth injury attorneys at Tittle & Perlmuter are here to listen to your story and advise you on your legal options.
What Is a Birth Injury?
A birth injury refers to trauma suffered by a baby before, during, or shortly after the birthing process. Some birth injuries are unavoidable, but many are directly caused by negligence or malpractice on the part of the medical professionals involved in the birth. Common birth injuries due to medical negligence include:
- Brain damage from oxygen deprivation (birth asphyxia)
- Cerebral palsy
- Brachial plexus injuries like Erb’s palsy
- Bone fractures
- Spinal cord injuries
- Facial paralysis
- Intracranial hemorrhage
These preventable birth injuries often occur when doctors and nurses fail to properly monitor the mother and baby, don’t recognize signs of fetal distress, misuse forceps or vacuums during delivery, or make medication errors. Medical negligence birth injuries can result in lifelong disabilities that require costly ongoing medical care and support services. That’s why it is crucial to explore your right to compensation if your child was harmed by malpractice.
Medical Negligence During Childbirth
Medical negligence during childbirth, also known as childbirth malpractice, occurs when healthcare providers fail to meet the acceptable standard of care, and their negligence leads to injury. To have a valid medical negligence birth injury claim, you must prove:
- A doctor-patient relationship existed
- The doctor/medical professional was negligent in their care
- This negligence directly caused injury to your baby
- Your child suffered real damages as a result
Doctors, nurses, anesthesiologists, and hospitals can all be held liable if their negligent actions or inaction cause harm. Medical negligence during birth can take many forms, including:
- Not diagnosing or properly treating infections in the mother
- Overlooking or failing to respond to complications with the umbilical cord
- Incorrect administration of labor-inducing medications such as Pitocin
- Unnecessary delays in performing a C-section when medically required
- Improper handling of forceps or vacuum extractors during delivery
- Neglecting to monitor the baby’s heart rate and distress signals
- Poor management of pregnancies classified as high-risk
- Mistakes in administering anesthesia during labor and delivery
These errors can lead to serious complications like prolonged oxygen deprivation to the baby’s brain, physical trauma during delivery, and dangerous infections. Proving a direct link between the negligence and the injury requires thorough investigation and medical expert testimony. An experienced birth injury lawyer can help you understand if malpractice played a role and build a strong case for maximum compensation.
Pursuing a Birth Injury Claim in Ohio
In Ohio, you generally have one year from the date of the malpractice or when you discovered the medical negligence birth injuries to file a medical negligence claim, with some exceptions. For instance, the statute of limitations may be extended if your child’s birth injury could not reasonably have been discovered within that time frame. However, if you try to bring a claim more than four years after the negligence occurred, your case will likely be barred. However, there are always factors that adjust the amount of time you have to file a claim.
These time limits mean it is important to speak with a knowledgeable birth injury attorney as soon as you suspect malpractice. Your lawyer will need time to fully investigate what happened, gather evidence, have medical records reviewed by experts, and prepare your case.
Ohio law caps non-economic damages like pain and suffering in medical malpractice cases at $350,000 per plaintiff or $500,000 per case.
But there are no limits on economic damages. You can seek full compensation for past and future medical expenses related to the birth injury, lost wages if you had to miss work to care for your child, ongoing therapy and care costs, assistive devices, home modifications, and more. In cases involving catastrophic injuries or permanent disability, economic damages can easily reach into the millions. In the same regard as to the limit of time you have to file, there are many factors involved in the value of your case, which is why our attorneys will be able to guide you through all the details of your case.
While a lawsuit cannot reverse the harm done, it can provide the financial resources your family needs to secure the best possible care and quality of life for your child. It can also hold negligent medical professionals accountable and motivate hospitals to improve unsafe practices. If your baby suffered a preventable birth injury, you deserve justice and fair compensation.
Why Choose Tittle & Perlmuter for Your Birth Injury Case
A birth injury claim is a complex undertaking that requires in-depth medical knowledge, extensive investigation, aggressive negotiation, and trial skills. Doctors, hospitals, and their insurance companies will fight hard to avoid accepting responsibility. You need a strong advocate in your corner who has successfully handled Ohio birth injury and medical malpractice claims.
At Tittle & Perlmuter, our accomplished birth trauma attorneys have a track record of securing favorable results for families affected by medical negligence at birth. We have access to renowned medical experts who can testify about the cause, severity, and lasting impact of your child’s birth injuries. Our legal team will thoroughly investigate to uncover evidence of malpractice, identify all liable parties, and craft a compelling case for maximum compensation. We are not afraid to take on big hospitals and insurance companies in pursuit of the accountability and justice your family deserves.
We understand the emotional and financial toll a serious birth injury takes. Let us handle the legal battle while you focus on your child’s care and recovery.
Take Action Today
If you suspect your baby’s birth injury was caused by medical negligence during childbirth, contact the dedicated birth injury lawyers at Tittle & Perlmuter today for a free consultation. We will listen to your story with empathy, explain your legal options, and advise you of the next steps. We will hold the medical professionals who harmed your child accountable and fight for the compensation your family needs to move forward. Call or contact us online now to get started.
