Birth Injury Guide

“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

A baby bump doesn’t just hold a developing fetus – it also holds all the hopes and dreams 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 complications do exist. Terrible and tragic circumstances do happen to good and innocent families. If you or your little one has sustained an birth injury during childbirth, it is extremely critical that you know exactly what your rights are. I want to help prevent even more needless pain and suffering for yourself and your family.

There is no one more sensitive, careful and more vigilant than an expectant 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, some circumstances are simply out if her control. At no fault of her own, preventable injuries during labor and delivery can tear apart he family’s life in an instant.

In 2016 nearly 4 million beautiful, cooing babies were born. Ohio proudly took credit for more than 138,000 of them. However, despite these incredible numbers, not all mothers and fathers came home with babies in their arms despite having a full gestation infant. Compounding the heartbreak, some fathers-to-be left the hospital without their significant other and child. Somewhere during labor and delivery, at no fault of their own, the lives of the baby and the mother were lost. Of the 450 births that occur every hour, 3 infants sustain some type of neonatal birth trauma, and that does not include injuries suffered by the mother. In some instances the birth injury prognosis of the newborn baby is very poor.

Birth Injuries to Mothers

Many birth injuries can cause harm to the mother during childbirth, and when they occur, it’s essential to understand the potential consequences. These injuries can affect various aspects of a mother’s health and well-being. If you’ve suffered any type of birth trauma, or required birth injury treatment, you need to call me right away and I’ll Make Them Pay!®

Uterine Rupture

Uterine rupture is a severe birth injury where the muscular wall of the uterus tears during labor, posing significant risks to both mother and baby. Maternal risk factors such as prior cesarean section, or the overuse of labor-inducing medications can increase the risk of this injury. When medical professionals fail to recognize these risk factors and provide inadequate care, they may be liable for medical malpractice. Uterine rupture can lead to life-threatening complications, necessitating emergency surgery, a longer hospital stay, and the possibility of ongoing medical treatment, including occupational therapy, physical therapy, and psychological therapy, to aid in recovery.

Perineal Tear

Perineal tears are common birth injuries that can cause pain and distress to mothers. These tears occur when the tissue between the vaginal opening and the anus (perineum) tears during childbirth, often due to excessive force during delivery, such as in vacuum or forceps-assisted births. If the medical team used improper techniques or fail to assess risk factors properly, they can be held accountable for medical negligence. Severe perineal tears may require surgical repair and may require ongoing medical care and rehabilitation.

Cervical Laceration

A cervical laceration is an injury to the cervix, typically resulting from excessive pressure during labor, especially in rapid or difficult deliveries. Medical negligence on the part of doctors in providing proper support or using inappropriate techniques can contribute to this birth injury. Addressing risk factors and ensuring proper care during childbirth is essential to prevent cervical lacerations, which can lead to severe bleeding, decreased blood flow to the baby, additional birth injuries to the baby, and additional medical expenses.

Pelvic Organ Prolapse

Pelvic organ prolapse is one of the most serious birth injuries that can affect a mother’s life. This condition occurs when pelvic organs, such as the uterus, bladder, or rectum, shift out of their normal positions and descend into the vaginal canal. Risk factors, such as multiple pregnancies and large babies, can increase the likelihood of this injury. Medical professionals should provide guidance on pelvic floor exercises and monitor for signs of prolapse. When neglected, pelvic organ prolapse may require surgical intervention and potentially ongoing occupational therapy as part of the rehabilitation process.

Postpartum Hemorrhage

Suffering a postpartum hemorrhage is a birth injury characterized by excessive bleeding following childbirth. This condition can result from various factors, including the failure of the uterus to contract properly after delivery or damage to blood vessels during childbirth. Prompt recognition and intervention by medical professionals are crucial in preventing severe consequences. Postpartum hemorrhage can lead to the need for emergency medical procedures, blood transfusions, extended hospital stays, and follow-up care.

Suffering a birth injury is painful, expensive, and scary. The health of the mother should be carefully monitored throughout the birthing process, and any form of medical negligence is unacceptable. I am an experienced birth injury attorney, and I’m here to help you hold responsible parties accountable. Call me today, and I’ll Make Them Pay!®

Birth Injuries to a Baby

Brachial Plexus Injury

A brachial plexus injury is one of the more common types of birth injuries that can affect a baby’s arm and hand movement. It occurs when the network of nerves called the ‘brachial plexus’, sustains damage during childbirth. The brachial plexus is responsible for controlling muscles in the arm and hand. This injury may occur when excessive force is applied to the baby’s head or shoulders during a difficult delivery, particularly in cases of shoulder dystocia. Medical professionals are typically responsible for diagnosing and treating brachial plexus injuries. The costs associated with a brachial plexus injury can include medical evaluations, physical therapy, and in some severe cases, surgical interventions to restore functionality to the affected arm.

Cerebral Palsy (Brain Injury)

Cerebral palsy is a type of birth injury characterized by impaired muscle coordination and movement, often stemming from brain damage that occurred during childbirth, or shortly after birth. The injury that resulted in a cerebral palsy diagnosis may be attributed to various factors, including: inadequate prenatal care, complications during labor and delivery, or medical errors. The costs associated with cerebral palsy can be extensive and lifelong, including medical treatments, specialized therapies, assistive devices, and ongoing care to address the child’s developmental milestones and needs.

Erb’s Palsy (Brachial Plexus Birth Palsy)

Erb’s palsy is a specific type of brachial plexus injury that affects the upper arm and can lead to weakness or paralysis of the affected limb. It typically occurs when there is excessive stretching or pulling on the baby’s head and neck during delivery, potentially due to medical professionals applying excessive force or improper techniques. Fault of the injury may be attributed to the negligence of the medical team involved in the delivery. Treatment for Erb’s palsy may involve physical therapy, occupational therapy, and in some cases, surgery to restore function to the affected arm.

Facial Nerve Injury

Nerve injuries can occur during birth, resulting in facial paralysis, typically affecting one side of the baby’s face. These injuries may occur due to pressure on the baby’s head or face during passage through the birth canal. Fault may be associated with the delivery process if excessive force or improper techniques were employed by the medical team. Treatment for facial nerve injuries may include monitoring, physical therapy, and in some cases, surgical intervention to address facial muscle function.

Fractures

Bone fractures, most commonly in the clavicle (collarbone) or the arm, can occur during difficult deliveries or when excessive force is applied during extraction of the baby. Fault may lie with medical professionals if improper techniques or excessive force are used, which could also result in a spinal cord injuries. The costs incurred due to fractures may include medical evaluations, X-rays, immobilization devices, and potential surgical interventions or physical therapy, depending on the severity of the fracture.

Intracranial Hemorrhage (Brain Injury)

Intracranial hemorrhage refers to bleeding within the baby’s brain and can occur due to a traumatic delivery or the improper use of birthing instruments such as forceps. Fault may be associated with the attending medical professionals if they fail to use appropriate delivery techniques or instruments. The costs associated with intracranial hemorrhage can be substantial, encompassing brain imaging, monitoring, surgical interventions, and ongoing medical care to manage any neurological deficits.

Perinatal Asphyxia (Brain Injury)

This type of birth injury is characterized by a lack of oxygen to the baby’s brain during birth, potentially leading to brain damage. This may occur because of complications during labor and delivery or medical errors. The costs associated with perinatal asphyxia can include neonatal intensive care, brain imaging, monitoring, and ongoing medical interventions and therapies to address developmental delays and neurological deficits.

Facial Bruising or Lacerations

Minor injuries such as facial bruising or lacerations may result from pressure on the baby’s face during passage through the birth canal. Fault may not necessarily be attributed to medical professionals, as some degree of facial bruising can be expected during the birthing process. However, excessive force or improper techniques may lead to more severe injuries.

Intrauterine Fractures

These are rare, but may occur while the baby is still in the womb due to various factors. Costs may include monitoring and medical assessments to address any complications related to intrauterine fractures.

Hypoxic-Ischemic Encephalopathy (HIE – Brain Injury)

Hypoxic-ischemic encephalopathy (HIE) is a brain injury resulting from oxygen deprivation during birth and can lead to developmental delays and long-term disabilities. Fault may be attributed to complications during labor and delivery, medical errors, or inadequate monitoring. The costs associated with HIE can be significant, encompassing neonatal intensive care, brain imaging, therapeutic hypothermia, and ongoing medical and developmental interventions to address the child’s needs.

Birth Injury Diagnosis and Treatment

The diagnosis and treatment of birth injuries are typically the responsibility of medical professionals, including neonatologists, pediatric specialists, and physical or occupational therapists. The costs incurred can vary widely depending on the nature and severity of the birth injury. They often include medical evaluations, imaging studies, surgical interventions, rehabilitative therapies, and ongoing medical care to address the child’s unique needs.

Birth Injury Prevention

Preventing birth injuries is a shared responsibility between expectant parents and medical professionals. Proper prenatal care, communication with healthcare providers, and adherence to recommended birth plans can help reduce the risk of birth injuries. Additionally, healthcare providers must use appropriate techniques and instruments during labor and delivery to minimize the chances of injury to the baby.

It is vitally important that the doctor’s and medical care team are constantly monitoring the health and wellbeing of both the mother and baby. As you can see from the list above, most birth injuries can be avoided with the proper medical care by the health professionals. If you or your child suffered a birth injury because of negligence, you need to call me right away and I’ll Make Them Pay!®

Your Child’s Birth Injury Lawyer

It’s important to note that the nature and severity of each birth injury can vary, as can the potential costs associated with diagnosis, treatment, and ongoing care. Timely and appropriate medical intervention is crucial in managing birth injuries and minimizing their impact on the child’s health and development.

If you, your significant other, or your child is the victim of birth injury, then you absolutely need to call me right away for a free initial consultation. We will discuss your rights, legal action and possible compensation for you and/or your baby’s pain and suffering.

I know you are devastated and hurting, but you need to act fast. Document the events leading to the injury as much as possible. I’ll help you every step of the way!

As your lawyer, I will fight tirelessly to ensure you are properly compensated for the birth injury to you and/or your newborn. I have served the greater Cleveland, Ohio area for more than 40 years. When I take your case, I will not only make sure you obtain the financial award you deserve, but I will also go after the doctors who allowed your tragedy to occur. They must be held accountable for their negligence. I strive to change hospital policies to ensure no one else suffers like you have. I take on Big Cases with Big Results!

Try Not to Stress

Please do not stress yourself by worrying about finances during this trying time. As your lawyer, I do not charge a single penny to represent you. I work on a contingency basis, which means that my fee is based on a portion of your financial compensation. In other words, I will not get paid unless you do.

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 whenever you need me.

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 in their 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, then I will absolutely do so. Please reach out to me now so I can begin the legal process to help you. 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.”

ASK TIM A QUESTION
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Krystle Banks
Krystle Banks
14:32 20 Sep 23
Christine Filippelli
Christine Filippelli
01:55 18 May 23
DeAndre Merritt
DeAndre Merritt
06:58 23 Mar 23
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
Scott Plate
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

Cleveland Office
3100 E. 45th St.
Suite 444
Cleveland OH 44127
Mailing Address:
Interstate Square I
4230 Chillicothe Rd. Ste 200
Willoughby, Ohio 44094

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.