Birth injury cases and birth trauma claims are some of the most gut wrenching cases I handle as a birth injury lawyer in Ohio. It is a lifelong nightmare, not only for the victim, but for the entire family.The birth of your baby should be one of the most joyous occasions you’ll ever experience in your life. Unfortunately, sometimes this happy moment can become tragic when a birth injury happens.
It becomes even more tragic when you learn that the doctor, nurse, and/or other medical practitioners could have prevented it from the very start. Oftentimes, the medical professionals involved in a baby’s prenatal care tell the family that the birth injury was unavoidable, when in fact it could have been avoided. This lie not only covers the medical professionals who are responsible, but it also prevents possible lawsuits that make their insurance rates go up. This reckless goal only protects the doctors, leaving the real victims out in the cold with no backup plan.
That is why as a Cleveland, Ohio birth injury attorney, I work hard to make sure the victims and their families get the help that they deserve and need. Here is what you need to know to prepare for filing for a case to finally get what is rightfully yours.
What Are Some Common Birth Injuries?
There are many types of birth injuries including the following ones-
- Anoxic and Hypoxic Injuries– characterized by a lack of oxygen.
- Cerebral Palsy– which can leave a child with life long physical and mental disabilities.
- Erb’s Palsy – a type of obstetrical brachial plexus injury similar to brachial plexus palsy, which caused by shoulder dystocia.
- Cesarean Birth Injury and Uterine Rupture– which can contribute to birth injuries to the baby as well as the mother.
- Preeclampsia and Eclampsia– which are hypertensive disorders of pregnancy and toxemia of pregnancy.
What About Statute of Limitations?
There is a one-year statute of limitations in birth injury cases. A statute of limitations is the time set by statutory law that you have in which to bring a claim. In most personal injury claims, i.e. car accidents, slip and falls, workers’ compensation claims, there is a two-year statute of limitations.
Your child has one year following his or her 18th birthday to bring a claim.
It is important to note that if the child is mentally incompetent the statute of limitations may never expire.
What to Expect When You Work with Tim
I am happy to meet with you at a time and place that is most convenient for you and your family. If I decide to take your case, I will give you my direct dial cell phone number so that you will have complete access to me. The reason I do this is that, often times, critical communication about medical care does not fit neatly into a 9 to 5 Monday through Friday work schedule.
Birth injury cases are some of the most complicated cases in all of law. It becomes very expensive, very quickly, proving the elements of the claim.
It is not uncommon to have in excess of $100,000 of expenses in a birth injury case. Providing expert witness testimony necessary to prove the breach of the duty of care owed, the causation, and the resulting damages of a birth injury is a major financial undertaking.
Furthermore, it is important to know that if I do take your case, it will not cost you one red cent. My fee is a contingency which means it is a percentage based upon the total recovery. If there is no recovery, there is no fee. In addition, I will pay all the costs associated with developing the case.
Think You Have a Birth Injury Claim?
I have at the utmost respect for the medical community. They cure illness and save lives everyday, but sometimes medical professionals make mistakes… mistakes that could have been avoided.
I take birth injury claims very seriously. These injuries can lead to a lifetime of emotional, physical, and financial hardship for your entire family.
If you believe that you or a loved one suffers from a birth injury, I can help. I have experience and a successful track record. If I believe I can prove medical malpractice has occurred, I will hold the appropriate individuals accountable for their negligent actions. In other words, I’ll Make Them Pay!® Contact me, today, at 1-800-55-Misny for a free consultation.