Unique Aspects of Ohio Birth Injury Cases
Birth injuries are unfortunately common. What should have been a joyous occasion instead becomes a moment of fear and uncertainty. Due to the victim’s inability to argue for themselves in court, there are unique aspects to birth injury cases that an experienced birth injury lawyer could help a family overcome.
Common Examples of Birth Injuries
Common types of birth injuries include:
- Vision or hearing loss
- Any injury that results in a lack of oxygen (hypoxic brain injury)
- Hypoxic ischemic encephalopathy (HIE)
- Cerebral palsy
- Mental defects or developmental delays
Birth injuries often occur when oxygen is cut off to the baby during birth, something a medical provider should have caught and tried to fix. For example, they could have performed an emergency C-section before the oxygen levels got too low. The majority of the time, birth injuries involve the brain, while some others involve shoulder dystocia.
Another possible birth injury is Erb’s palsy. This happens when a physician pulls too forcibly on the baby’s arms during delivery. The pulling causes nerve damage that result in Erb’s palsy. The doctor should have done a C-section instead or at least used some type of birth assisting tools such as forceps or a vacuum.
How Might Parents Know if Their Child Suffered a Birth Injury?
Parents might suspect their child suffered from a birth injury if there had been some issue with the labor itself, like being longer or more difficult than anticipated. After birth, their child may have a low APGAR score for more than five minutes, or the blood pH levels might not be right. There may be a weak or absent cry, or the baby might have respiratory problems. The baby could even be unconscious. Those are all signs and symptoms of birth injuries.
If a child receives brain damage during birth, there is no way to reverse it. Parents can contact a medical malpractice lawyer and see if they can pursue a claim. Depending on the level of brain injury, they could try to receive compensation to care for their child for the rest of their life.
The Role of Negligence
In order for there to be a valid birth injury case, there has to be some negligence by either the nurses or the doctor. For example, they might fail to recognize that the baby is in trouble. They might not perform an emergency C-section and get the baby out of the birth canal. The lawyer has to prove negligence, meaning that the doctor or nurse did not do their job the way other professionals would have under the same or similar circumstances.
Statute of Limitations in Birth Injury Cases
The statute of limitations on a birth injury case is one year after the child’s 18th birthday. The birth injury case technically belongs to the child, and under Ohio law, a person is considered legally incompetent up until their 18th birthday. If there is a severe brain injury involved, there is some question as to whether the statute of limitations ever starts. An attorney could help a claimant figure out the timeframe for filing a lawsuit.
Let an Attorney Help You Navigate the Obstacles in Your Birth Injury Case
If your newborn received a severe injury from birth, it may be difficult to focus on filing a lawsuit against the negligent caregivers. Let an experienced attorney from Tittle & Perlmuter explain the unique challenges present in birth injury cases and fight on your family’s behalf. Call an attorney today to see if you could potentially recover damages from your case.
