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Tim Misny

Birth Injury Guide


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A baby bump doesn’t just hold a developing fetus – it also holds all the hopes and dreams that the mother has for her future child. From conception to birth, pregnancy is an exciting time, but it can also be terrifying. Despite the risk of complications being very low, the reality is that these complications do exist and terrible, tragic things do happen to good and innocent people. If you or your little one has sustained an injury during childbirth, it’s extremely critical that you know exactly what your rights are to help prevent even more needless pain and suffering for yourself and your family.

There is nobody more careful and more vigilant than an expecting mother. Even someone who normally shies away from doctor’s appointments makes sure she does not miss a single appointment with her OBGYN when she’s pregnant. Following the guidelines of your doctor can help prevent a host of complications from occurring during your pregnancy and during childbirth, but even though a mother does have a certain amount of responsibility to help protect her unborn child, sometimes things are out of her hands. At no fault of her own, preventable injuries during labor and delivery can tear her life apart in an instant.

In 2016, nearly 4 million beautiful, cooing babies were born. Ohio proudly took credit for over 138,000 of them. However, despite these incredible numbers, not all mothers and fathers came home with babies in their arms despite a full gestation term. Adding to that heartbreak and compounding it, some fathers showed up to the hospital with his pregnant partner and went home with neither a baby or a significant other. Somewhere during labor and delivery, at no fault of their own, the life of the baby and the mother was lost. Of the 450 births that happen every hour, 3 of them sustain some type of birth injury, and that does not include injuries that the mother may encounter.

Some of the more common types of birth complications that can directly harm the mother include:

  • Caesarian Injury: Not all Caesarian sections (C-sections) are medically necessary, but they are still growing in popularity due to complications like stalled labor, large baby birth weight, fetal distress, and breech. In the hands of a negligent doctor, a mother may suffer from hernia, infections, and abdominal adhesion.
  • Pre-Eclampsia and Eclampsia: This occurs when there is high blood pressure, swelling of the hands and feet, and protein in the urine of the mother. A diligent doctor will monitor a high-risk mother to help prevent complications.
  • Uterine Rupture: Due to the strain placed on the uterus during childbirth, then it is at risk for rupture. It is your doctor’s job to ensure this does not happen to you. Uterine rupture can also occur if your doctor uses the wrong tools during your birth or damages it during a C-section.

All of these complications can also lead to the loss of the life of the mother.

Problems that can happen to your baby include:

  • Cerebral Palsy: This is caused by injury to your child’s brain during birth and is defined by poor muscle coordination and movement. Common types include spastic cerebral palsy, athetoid cerebral palsy, ataxic cerebral palsy, and hypotonic cerebral palsy.
  • Oxygen Deprivation (Hypoxia and Anoxia): When your child is deprived of oxygen during birth, it can lead to permanent brain damage. Damage can occur in as little as four to five minutes and can last a lifetime.
  • Erb’s Palsy: This occurs when nerve damage (specifically from the spinal cord up to the neck, shoulder, and arms) is sustained during childbirth. The doctor is responsible for this happening if they do not prevent shoulder dystocia during birth.

If you, your significant other, or your child is the victim of birth injury, then you absolutely need to call me right now at 1 (877) 944-4373 for a free initial consultation to discuss your rights and how you can attain justice for your pain and suffering. I know you are grieving and hurting, but you need to act fast because there is a statute of limitations and it can be as little as one year after the injury.

As your lawyer, when I take your case, I will fight tirelessly to make sure you get the compensation you deserve after your birth injury. As the top birth injury lawyer in the state, I have served the greater Cleveland, Ohio, area for nearly 40 years. When I take your case, I will not only make sure you get the financial restitution you deserve, I will also go after the doctors who allowed your tragedy to occur to change policies and make sure nobody else suffers like you have. I take on Big Cases with Big Results.

Please do not stress yourself out by worrying about money during this trying time. As your lawyer, I will not charge you a single penny to represent you. I work on a contingency basis, which means that my fee is a portion of your compensation. I will handle all financial aspects of your case. And please feel free to reach out to me any hour of the day or night. As your lawyer, you will have my personal cell phone number and you can be confident that I will answer your call 24/7.

Don’t feel like you have to drive halfway across the state to find me, either. I will come to you. I have met clients at the hospital, at grave sites, and even in their own homes. It is my pleasure to meet you wherever is most convenient for you. If I can offer you any glimmer of hope or peace after your birth injury, then I will absolutely do so. Please reach out to me now so I can help you get solace after your birth injury, and believe me when I tell you, I’ll Make Them Pay!®.


DISCLAIMER:”Please understand the slogan, I’ll Make Them Pay!® is not a guarantee of payment. Both liability and real damages must be proven with a preponderance of the evidence.”



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