Birth Injury FAQ

“I have been there so many times before and NOW I will be there for YOU and your family.”
- Tim Misny - The man that “Makes Them Pay!®”

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

If you or someone you love is a victim of a birth injury, you probably have questions about your legal rights. As one of the top birth injury lawyers in Cleveland, Ohio, I have more than 40 years of birth injury and medical negligence legal experience. I have helped thousands of injured victims during my lengthy tenure and I can help you too! It is my job to seek and obtain financial compensation for you and/or your baby’s birth injuries. You need the time to focus on what matters: your family, and your loved one’s health. Below are some common birth injury questions and answers. If you have questions that are not addressed below, please reach out to me today.

Birth injuries are often the result of medical negligence. If your family has been harmed by a birth injury, I’ll find out what happened and I’ll Make Them Pay!® As a highly experienced birth injury lawyer, my success record speaks for itself. I’ve won tens of millions of dollars for my injured clients.

What is a birth injury?

Any physical injury a baby experiences during labor and delivery is considered a birth injury. Birth injuries can occur when a baby is breach (feet-first instead of head-first), the baby is premature, or when labor is extended or difficult. Birth injuries can also occur to the mother; maternal birth injuries can be physical, mental, or emotional. If you suspect you child’s injury was due to medical negligence, you need to call me to discuss initiating a birth injury lawsuit.

What injuries can occur during labor and delivery?

Common birth injuries for newborns include; swelling or bruising of the brain or head, broken blood vessels in the eyes or face, nerve injuries that impact the face, arms, or hands, and bone fractures. Severe birth injuries can occur from a vaginal birth or by C-section (caesarean section) delivery.

Maternal birth injuries can be much more complex, because they are often caused by overlooked conditions, or medical errors. Bleeding and hemorrhage, emergency hysterectomy, sepsis, and even organ failure can all result from a maternal birth injury.

Why does a preventable birth injury occur?

Delivery is a complex process, and medical care providers must provide care for two lives simultaneously. Injuries can occur whenever medical processes, medications, or medical devices are misused, overused, or neglected. Birth injuries occur when medical care providers make wrong assumptions about the health of the mother or baby, fail to consider pre-existing conditions, or fail to monitor the mother and baby throughout labor and delivery. This can mean anything from underestimating the size of the baby, to miscalculating the delivery date, or improper administration of medications or medical instruments or devices during the birthing process. For instance, instruments such as forceps or a vacuum can be used during a delivery, but when misused, they can cause brain injuries, nerve damage and broken bones for the baby.

How do birth injuries differ from birth defects?

Birth injuries encompass a range of physical harm or trauma a newborn may experience during the labor and delivery process. These injuries can occur due to various factors, such as complications during childbirth, the misuse of medical instruments, or difficulties in navigating the birth canal. Birth defects, in contrast, refer to structural or functional abnormalities that develop in the fetus before birth, often during early pregnancy.

What are the most common types of birth injuries?

Among the many types of birth injuries, some of the most frequently encountered include; brachial plexus injuries, cerebral palsy, facial nerve injuries, and fractures. These injuries can differ in severity and may result from multiple factors, including prolonged labor, the use of forceps or vacuum extractors, or conditions such as shoulder dystocia.

What are the potential causes of birth injuries during childbirth?

Birth injuries can have various causes, including fetal distress, improper use of medical tools, excessive force during delivery, and instances of medical malpractice or negligence. Additionally, maternal health conditions, such as gestational diabetes or preeclampsia, can contribute to the risk of birth injuries in newborns.

How can medical professionals prevent or reduce the risk of birth injuries?

The prevention and mitigation of birth injuries involve vigilant monitoring of both the mother and the baby throughout the labor and delivery process. Healthcare providers should exercise caution when employing medical interventions, ensuring they are used judiciously and skillfully. Effective communication and collaboration within the medical team are crucial elements in preventing birth injuries and ensuring the safety of both mother and child.

What are the signs and symptoms of a birth injury in a newborn?

Identifying a birth injury in a newborn can be challenging, as symptoms can vary widely based on the type and severity of the injury. Common indicators may encompass difficulty in limb movement, weak reflexes, facial asymmetry, seizures, and breathing problems. Parents should remain vigilant and promptly report any unusual behaviors or physical signs to a healthcare provider to facilitate early diagnosis and intervention.

How are birth injuries diagnosed, and when should parents seek medical help?

Birth injuries are typically diagnosed through a combination of physical examinations, medical imaging techniques, and sometimes specialized tests like electromyography (EMG). Parents should seek immediate medical assistance if they observe any signs of distress or abnormalities in their newborn. Early detection and intervention are critical for providing the best possible outcome for a child who has suffered a birth injury.

What treatment options are available for infants with birth injuries?

Treatment options for infants with birth injuries vary depending on the specific nature and severity of the injury. These options may encompass physical therapy, occupational therapy, surgical interventions, or medication. The overarching goal of treatment is to enhance the child’s physical function and overall quality of life, while minimizing the long-term effects of the injury.

Can birth injuries lead to long-term disabilities or health complications?

Yes, many birth injuries have the potential to result in long-term disabilities or ongoing health complications. For instance, cerebral palsy, a brain injury often associated with birth trauma, can lead to lifelong motor impairments. Similarly, brachial plexus injuries may result in persistent limb weakness. Timely intervention, rehabilitation, and ongoing medical care are essential components of managing and mitigating these long-term effects.

What legal options do parents have if their child experiences a birth injury due to medical negligence?

In cases where a child suffers a birth injury due to medical negligence, parents have legal recourse to seek compensation for their child’s suffering. Birth injury lawsuits can be filed by birth injury attorneys against the healthcare provider or facility responsible for the negligence. As your attorney, you will benefit from my more than 40 years of medical malpractice and birth trauma law experience. As a top birth injury attorney, I’ve won hundreds of birth injury cases and obtained tens of millions of dollars for my clients for medical expenses and future medical expenses. If you were the victim of medical negligence, I can help you too, and I’ll Make Them Pay!®

Are there support services or resources available for families coping with a child’s birth injury?

Yes, there are numerous support services and resources available to assist families coping with the challenges posed by a child’s birth injury. These resources often encompass support groups specifically designed for parents of children with birth injuries. These therapy programs are tailored to the child’s needs, and organizations specializing in birth injury support and advocacy. Healthcare providers and social workers can also play a pivotal role in guiding families toward accessing these invaluable resources. They are there to aid families in coping with the emotional, physical, and logistical aspects of birth trauma.

What is cerebral palsy, and how does it occur during childbirth?

Cerebral palsy is a neurological disorder that affects muscle coordination and body movement. It can occur as the result of brain damage to the baby during childbirth, although the exact cause may vary. In some cases, cerebral palsy results from oxygen deprivation to the baby’s brain during labor and delivery. This can occur if there are complications such as umbilical cord issues, placental problems, or prolonged labor. Infections during pregnancy or birth trauma may also contribute. Cerebral palsy is characterized by motor impairments, but it can vary in severity. Early diagnosis and intervention, including physical therapy and adaptive equipment, can help improve a child’s quality of life. Cerebral palsy is the focus of many birth injury claims.

What are brachial plexus injuries, and how do they happen during birth?

Brachial plexus injuries involve damage to the network of nerves controlling the arm and hand muscles. They can occur during childbirth when excessive force is applied to the baby’s head and neck during delivery. This often happens in cases of shoulder dystocia, where the baby’s head becomes stuck behind the mother’s pelvic bone. Brachial plexus injuries can result in weakness or paralysis in the affected arm. Treatment options may include physical therapy, occupational therapy, and, in severe cases, surgery to repair the damaged nerves.

What is Erb’s palsy, and how is it related to brachial plexus injuries?

Erb’s palsy is a specific type of brachial plexus injury that affects the upper nerves of the brachial plexus. It may occur due to pulling or stretching of the baby’s neck during delivery. Erb’s palsy can lead to weakness or paralysis in the affected arm, and it is typically diagnosed shortly after birth. Early intervention is crucial, as physical therapy and other treatment may help improve arm function and prevent long-term complications.

What is a facial nerve injury in newborns, and how does it occur during birth?

Facial nerve injuries in newborns involve damage to the facial nerve, which controls facial expressions and movement. These injuries can occur during a difficult delivery when force is applied to the baby’s face or head. Forceps or vacuum extractors, if used improperly, may contribute to facial nerve injuries. The most common symptom is facial asymmetry, where one side of the baby’s face does not move as it should. While many facial nerve injuries heal on their own over time, some may require rehabilitation and monitoring by medical professionals. Not all birth injuries result in the same severity or outcomes.

What are the potential complications of birth-related fractures, and how are they treated?

Birth-related fractures, such as clavicle (collarbone) or arm fractures, can happen during delivery, especially in cases of breech birth or when there is a need for forceps or vacuum extraction. While fractures can be painful and distressing for a newborn, they often heal relatively well on their own with time. Treatment typically involves immobilizing the affected limb and providing pain relief as needed. The main concern is ensuring proper healing and monitoring for any signs of complications. Fortunately, with proper medical care and follow-up, most birth-related fractures do not lead to long-term health issues, and infants recover without lasting effects.

What should I do if my baby or me suffered a birth injury?

First and foremost, medical intervention should have been performed to minimize injury. This is a critical step for the health of both the mother and the baby. Keep track of all of your medical records/paperwork. Document all medications provided and procedures that were performed, or failed to be performed or recommended.

If you have any questions, or you’re concerned about the medical care you or a loved one received during labor or delivery, don’t let a hospital administrator tell you not to consult with an injury attorney. I have the expertise, knowledge and financial resources to take on even the biggest hospitals and institutions.

Let’s discuss your injury claim today I’ll meet you anywhere and at any time to discuss your case, and I’ll Make Them Pay!®

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Krystle Banks
Krystle Banks
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Christine Filippelli
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DeAndre Merritt
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Jake Ferri
Jake Ferri
23:46 01 Aug 22
I have no case and no one that I need Tim Misney to make pay, just wanted to say the best part of my day is getting to... drive by his billboards. His People's Eyebrow is immaculate and the new billboard with him on the motorcycle is downright bitchin'. Thank you Tim Misney for significantly improving the quality of my life.read more
Jennifer Malainy
Jennifer Malainy
22:44 19 Jul 22
My favorite lawyer. Truly one of the kindest, smartest, and most genuine humans I have ever met. There is only one TIM... MISNY and he will make them pay!! God Bless.read more
C M V
C M V
01:16 16 Feb 22
I spoke to Amy and Christine about a possible personal injury case involving my father and they were both helpful,... professional, knowledgeable and responsive. Although they could not help us with our case, I would highly recommend them!read more
Stephen Burks
Stephen Burks
20:12 21 Jan 22
It really comes down to what people say and do when they don't think anyone that matters is listening or they'll get... anything in return.There's the Tim Misny you see on the billboards and on TV, but there's another Tim Misny that I know up close and personal.The Tim Misny I know is genuinely passionate about helping the hard working little folks who get pushed around the big folks. He actually, really honestly cares about people who run into bad luck at no fault of their own. Tim has quietly, out of the sight of cameras and with no fanfare shared generously with the marginalized in our society; single moms, Veterans and others without expecting anything in return.He calls them like he sees them and you wouldn't want to take your troubles to anyone else.read more
mark colucci
mark colucci
14:33 06 Dec 21
Mr. Misny is an angel here on earth and the BEST attorney in Ohio. He has helped my daughter who is in law school when... she needed the guidance most. He is a class act, a great family man, and extremely caring. If you need a lawyer in this field I would HIGHLY recommend. There is no other lawyer, in my opinion, better than Tim Misny.Thank you Tim for being a light in this community!read more
Damon Mitchell Sr .1st. (The Old-Man !!! Pop's !!!)
Damon Mitchell Sr .1st. (The Old-Man !!! Pop's !!!)
02:43 27 Nov 21
Advice on Law question? Also Advise to do more research for Different types of Situations that’s Criminal and Civil... Pursuits!City, State and Above State Level Situation .Pro Se !read more
Gianna Colucci
Gianna Colucci
12:56 04 Nov 21
Mr. Misny is the best! I am a 27-year-old single mother, and I am finishing law school in May at Cleveland-Marshall... College of Law. When I found myself jobless during the height of the pandemic, I knew I needed help. Going into the legal profession, I wanted to be JUST LIKE Mr. Misny because I knew he was the most successful attorney in the industry. I called him up one day just for the hell of it to see if there was anyway he could help me. I never thought such a big name/reputation like him would respond to me. However, when he learned of my financial situation he PERSONALLY called my cell phone within 5 minutes of my email. Not only has he helped me secure employment, but he continues to teach me every single day what it takes to be the BEST lawyer in the legal profession. I am forever thankful for Mr. Misny. He changed my life. He continues to inspire me every single day, and I am so proud that he took me under his wing and is my mentor. He is the most intelligent, kindest, caring attorney I have ever met, and he is giving me the tools I need to be the most successful lawyer I can be o give my four-year-old son, Gregory, the life he deserves. THANK YOU MR. TIM MISNY. I owe my entire future legal career to you because if you didn't take the time out of your busy day to call me that day and help me when no one else would, I would not have been able to stay in law school. You change lives every single day. Keep being you Tim. There is no one like Tim Misny.read more
Brandon Hagerdon
Brandon Hagerdon
20:53 18 May 21
I met Tim 6 years ago when he was working with my mother. Since then we were able to stay in touch and build a... relationship. I reached out to Tim recently about an opportunity and he was able to connect the dots and help me with this. During this process he gave me his direct number to contact him if need be. If you are in need of any sort of help, I would recommend Tim every time.read more
Jimmie Graham
Jimmie Graham
19:26 30 Mar 21
Tim is hands down the best lawyer in town. He was able to guide me through the legal process and keep me informed at... all stages. Which allowed me to not stress and focus on life. He was able to get me the best deal possible in my court case. One thing that blew me away is that he gave me his direct cell number and answered anytime I had a question which is rare with most lawyers. 100% Misny is the guy! There's a reason he's on literally every billboard in Cleveland.read more
Paul McFadden
Paul McFadden
13:29 20 Jan 21
My relationship with Tim goes back over 30 years and is one of great trust and mutual respect. Tim represented me at a... critical point in my life and I will always be indebted to him for the difference he made. He is always just a phone call away.read more
Rick Miller
Rick Miller
18:55 21 Dec 20
If I could reach into the sky just to pull more than 5 stars down for a rating I would! I have used other lawyers in... the past and it was such a pain to reach them when I needed them. Tim is in all honesty there for you. He gave me his personal phone number, and at anytime or any day he answered. If I had to leave a message I could count to 10 and he would already be calling me back. He also was willing to talk on the weekends! He didn’t just forward me to an impersonal automated system or a person with no experience. I will NEVER use another person for legal advice. He’s gracious enough to give me guidance whenever I have a question. No matter how complex. This may sound like an advertisement but I assure you this man was more in touch when I had an issue than my own family. A reasonable and caring family man who will MAKE THEM PAY!Thank you Timread more
PJ Camargo/Authentik Movement Training
PJ Camargo/Authentik Movement Training
01:51 22 Oct 20
I've had the pleasure of getting to know Tim personally over the past 2 years. Beyond him being an incredible lawyer &... 'Jack of all trades ' he is an amazing friend. One thing I love most is that he is family oriented & always making quality time for his loved ones. He inspires me to be a great role model &father figure one day. Tim loves nature & shares the true beauty of nature with how he raises his kids. From biking through trails & having his kids learn how to nurture the family garden - he teaches valuable lessons on how to appreciate the world we live in. I know that Tim is just a phone call away & always urgent to responding no matter the situation. He has given me some of the greatest advice & continously throwing positive energy my way! I'm honored to know him & be a friend of his. He is the true practioneer of changing lives & paying it forward. He has taught me so much in just a short amount of time. Tim Misny, a man that wakes up every single day to make a difference!read more
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Scott Plate
16:49 10 Oct 20
Tim has created a highly visible and effective law practice, and despite his decades of experience, he has never once... forgotten why he got into this business in the first place: to help people. He puts his whole heart into his work, and he works hard for everyone he represents. He has a gift for tuning out the noise and tuning into the core of what his clients need, and making it clear he has heard them. As a result, we feel empowered. He is smart, resourceful, creative, positive, and solution-oriented. His abundant energy makes people feel better, stronger, and valued. He loves and promotes his community; he gives back generously, and he always leaves everything better than he found it. Tim is a true man of action, and a man of his word. Could not recommend him more highly.read more
Mike M
Mike M
04:44 09 Oct 20
As a young man, I worked at a local garden center. I came from a family that had too many problems to list. I felt I... was never destined to be anything good. I had always wanted to be a police officer since I was a little boy. But, one side of my family told me that I would never be good enough to do it. Anytime I brought it up, they knocked me down until I started to believe that I could never accomplish my dream. One day, about 20 years ago, while working at that garden center, a very tall man came in and asked me to help him select plants. As we walked around the garden center, he struck up a conversation with me. He was very friendly and kind. I was a skinny teenager in dirty blue jeans and a t shirt. This man was dressed very nicely and I was surprised at how nice he was to me. During our conversation, he asked me what I wanted to do with my life after school. I told him that I wanted to be a police officer but many people told me that I’d never make it. I told him how my very own father said I wasn’t smart enough, brave enough, and I was wasting my time. I remember looking at the ground while I explained this to him. The man stopped and got serious. His voice dropped an octave and he looked me dead in the eyes. He pointed his finger at me and told me that I could make anything of my life that I wanted. He told me that it was up to ME to make my life goals come true. He told me to ignore anybody who tells me otherwise. He assured me that if I studied hard in school and never gave up on my dreams that they would become a reality. He told me to say it. I said “I can do it”. In that moment, I thought that if a complete stranger saw something in me, than maybe it could be true.After I helped him through the checkout and he left, many different employees at the garden center asked me if I knew who that man was. I did not. They told me, “That’s Tim Misny!” Once I figured out “who” Tim Misny was, my confidence grew. It was a pivotal moment. One in which steered the rest of my life. His words stuck with me. I worked hard and obtained my Associate’s Degree in Criminal Justice. I was hired by a local Law Enforcement Agency at the age of 21. I was sent to the Ohio State Highway Patrol Academy, which was an extremely tough place to be, to say the least. At the Academy, they try to break those who don’t have a determined spirit. On days I wanted to quit, I remembered Tim’s words. Maybe it was fate, maybe it was random chance.... I’ll never know But, Tim Misny helped me have the confidence and determination that was necessary to be where I’m at today. I’ve been a law enforcement officer for over 16 years. I’ve told this story to many of my coworkers.Tim, you’ll never understand how your words that spring day helped shape my future. Your words enabled me to provide a great life for myself and my family. I’m forever grateful.Mikeread more
Eric Evans
Eric Evans
21:02 04 Oct 20
Tim has represented me twice, once 30 years ago and again just recently. I was too young to fully appreciate his... expertise when he represented me the first time (as i was a minor who was the victim of an accident - he won for us, incidentally), but I'm old enough and wise enough now to really appreciate how truly great he is. First off, how many attorney's actually give you their cell phone number and actually answer? I would contend very, very few. Secondly, he has a street fighter mentality combined with a sharp legal intellect which makes you immediately think "I'm so glad this guy is on my side." I was really in a bind recently and Tim came through in spades - he is THE person I would call if I were in trouble or needed help - at a minimum he would know who I should talk to and direct me there (he knows his own limits, which is the key to a wise person) - at a maximum he would take on my fight himself and I'd have full confidence in his ability to deliver the best possible outcome for me - he fights for you like you're family - can't say it better than that.read more
Benjamin Firstenberg
Benjamin Firstenberg
19:32 28 Sep 20
I worked as an intern for Tim the summer of 2017 and it was an unbelievable experience both for my career and personal... development. He treats his employees with a level of respect, appreciation and honesty that I've truly not seen anywhere else that I've worked. We've stayed in touch these past few years and I'm still learning from Tim, whether it be the way he sees the world, his career advice or his commitment to his family. He's an honest man who treats people honorably.read more
David Shelton
David Shelton
01:13 30 Jun 20
I don't know much about Tim the lawyer, but I do know about Tim the man. Tim the man befriended me as a youth and gave... me the motivation to excel in school. Tim the man wrote the letter that got me into college and got me a helpful scholarship. Tim the man gave me an internship while in college. Tim the man has been a friend to me for over ten years. He makes himself available day or night whether I need advice or just want to talk about the day. There a lot of stigmas about attorneys (and they are earned) but Tim Misny bucks the stereotype. And if Tim the lawyer is half a good as Tim the man, he will live up to his word, and make them pay.read more
Mike Mercer
Mike Mercer
00:16 17 Jan 20
WOW! It is the only way to describe the tremendous experience I was afforded, when I contacted and then retained Tim... Misny, to handle a case for me. I had been injured in an automobile accident and needed help and direction, Tim and his staff provided both.The personal attention and clarity of the matter and specifics, gave me a state of comfort and satisfaction that I could have found nowhere else! I will be forever grateful to have Tim Misny as my attorney and my friend!I am a businessman in the Greater Cleveland area and have directed various members of my staffs as well as personal friends to Tim for solutions to their personal injury case needs. All my referrals have been more than pleased with the service and personal treatment they have received from Tim and his staff.I strongly recommend Tim Misny and his associates should you ever need the finest legal services available in Ohio! Trust is his number one priority, trust in knowing that you will be his client second, his friend first!read more
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The Law Offices of Tim Misny

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Suite 444
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Disclaimer: All lawsuits are different and the Law Offices of Tim Misny make no representation or promise that it can obtain the same results in other legal matters. Nothing in this webpage constitutes a guarantee, warranty, or prediction regarding the outcome of any future legal matter.