Every parent expects their child’s birth to be a joyful moment. When complications arise, the devastating reality hits: Something went wrong. But was it an unavoidable birth injury, or was it medical negligence that could have been prevented? The difference isn’t just medical—it’s legal, and it could determine your family’s future.
Understanding the Difference
Birth injuries are complications that may occur naturally during delivery, even with proper medical care. These might include temporary bruising from a difficult delivery or minor nerve stretching that heals on its own.
Medical errors, however, result from healthcare provider negligence. These preventable mistakes happen when doctors, nurses, or hospitals fail to meet the accepted standard of care, causing permanent harm to mother or baby.
Red Flags That Signal Medical Negligence
How do you know if negligence caused lasting harm to your newborn? Several critical warning signs indicate your child’s injury may have been entirely preventable through proper medical care:
- Failure to monitor fetal distress or respond to concerning heart rate patterns
- Delayed or unnecessary cesarean section despite clear complications
- Improper use of delivery instruments like forceps or vacuum extractors
- Medication errors or anesthesia complications
- Failure to diagnose or treat conditions like preeclampsia or gestational diabetes
- Inadequate response to umbilical cord problems or breech presentations
Serious Consequences of Medical Errors
When medical professionals make mistakes during birth, the consequences can devastate families for decades. These preventable injuries create lifelong challenges, including:
- Cerebral palsy from oxygen deprivation
- Erb’s palsy from nerve damage during delivery
- Brain injuries causing developmental delays or intellectual disabilities
- Fractures from excessive force during delivery
- Maternal injuries including hemorrhaging, infections, or organ damage
You Deserve Answers—and Compensation
If medical negligence caused your child’s birth injury, you have the right to seek compensation for medical expenses, ongoing care costs, lost wages, and pain and suffering. However, medical malpractice cases are complex and time-sensitive—Ohio’s statute of limitations gives you a limited window to act.
Don’t let medical providers dismiss your concerns or convince you that “these things happen.” Document everything: medical records, communications with healthcare providers, and your child’s symptoms or developmental concerns. Seek immediate medical evaluation from specialists who weren’t involved in the original care. Most importantly, seek representation.
The Law Offices of Tim Misny can help you determine whether your child’s birth injury resulted from medical negligence. When healthcare providers fail your family, I’ll Make Them Pay!® Call my office at (877) 944-4373 so that I can evaluate your case right away.
