Cleveland Birth Injury Attorney

“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

Birth Injury Lawyer: Cleveland


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 occurs.

It becomes even more tragic when you learn the doctor, nurse, and/or other medical practitioners could have prevented the injury from the very start. Oftentimes, the medical professionals involved in a baby’s prenatal care tell the family the birth injury was unavoidable, when in fact it should 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 increase. This reckless goal only protects the doctors, leaving the real victims out in the cold with no backup plan.

As a Cleveland, Ohio birth injury attorney, I work hard to make sure the victims and their families get the help they deserve and desperately need. Here is what you need to know to prepare for a birth injury lawsuit, and finally obtain what is rightfully yours.

What Are Some Common Birth Injuries?

Anoxic and Hypoxic Injuries

Anoxic and hypoxic injuries occur when a baby experiences a lack of oxygen supply during the birth process. This deprivation can lead to varying degrees of brain damage, affecting cognitive, motor, and developmental functions.

Children who suffer from anoxic or hypoxic injuries may face lifelong challenges such as learning disabilities, speech impairments, and motor coordination difficulties. In severe cases, they may have limited mobility and require assistance with daily activities. These individuals often need a range of medical equipment including assistive devices such as wheelchairs or communication aids. There may also be a need for ongoing therapy, such as physical, occupational, and speech therapy, to support their overall development.

Anoxic and hypoxic injuries can be caused by medical negligence when healthcare professionals fail to promptly recognize and address complications during labor. This may lead to delayed interventions to restore proper oxygen supply to the baby’s brain. The neglect may also involve improper use of delivery instruments or failure to respond adequately to signs of fetal distress, leading to a medical malpractice lawsuit.

Cerebral Palsy

Cerebral palsy is a non-progressive neurological disorder that results from brain damage before, during, or shortly after birth. It affects muscle tone, motor skills, and movement coordination.

Cerebral palsy victims often face difficulties in fine and gross motor skills, which can impact their ability to perform daily tasks independently. Mobility challenges may necessitate the use of mobility aids such as walkers, wheelchairs, or orthotic devices. Additionally, communication difficulties may require the use of speech-generating devices, augmentative and alternative communication systems, and extensive speech therapy.

Cerebral palsy can stem from inadequate monitoring of the baby’s well-being during labor, improper use of forceps or vacuum extractors leading to a brain injury. Failure to perform a timely cesarean section when fetal distress is evident is how birth injuries occur.

Erb’s Palsy

Erb’s palsy is a condition arising from damage to the brachial plexus nerves, often due to excessive traction or stretching during a difficult birth.

Children with Erb’s palsy may have limited use of the affected arm, experiencing difficulties with activities requiring fine motor skills and arm strength. Physical therapy is a common treatment, which involves specialized equipment such as range-of-motion devices and braces to prevent contractures and promote functional movement.

The treatment and equipment to aid someone with Erb’s palsy can be very expensive. It’s also possible the condition was a result of medical negligence, such as a healthcare provider using excessive force or improper techniques during delivery. This can lead to failure to recognize signs of shoulder dystocia and not taking appropriate actions to prevent injury. This type of careless action leads to medical malpractice cases.

Caesarean Injury

Caesarean injuries encompass complications arising from a cesarean section, a surgical procedure used to deliver a baby through an incision in the mother’s abdomen.

Some mothers may experience surgical wound complications, including infections and delayed healing. Scarring and discomfort can affect daily life. Post-operative care often involves wound care supplies, pain management medications, and monitoring equipment to ensure proper healing.

Caesarean injuries can occur if surgical errors are made during the procedure, leading to damage of organs or blood vessels, improper closure of incisions, or inadequate post-operative care.

Uterine Rupture

Uterine rupture occurs when the uterine wall tears, often during labor, which can lead to severe bleeding and potential harm to both the mother and baby.

A rupture poses serious risks, including fetal distress, oxygen deprivation, and life-threatening hemorrhage for the mother. Emergency monitoring devices, surgical instruments, and a skilled medical team are vital for immediate intervention, but medical errors can still occur.

Medical malpractice occurs if healthcare providers fail to properly monitor the mother’s condition, inadequately respond to signs of distress, or neglect to perform a timely cesarean section when necessary.


Preeclampsia is a complex condition which may result in high blood pressure and organ damage, usually arising after the 20th week of pregnancy.

It poses risks such as preterm birth, growth restrictions for the baby, and potential organ damage for the mother. Monitoring devices, blood pressure medications, and close medical supervision are essential to manage the condition and prevent complications.

A medical professional’s negligence can occur from overlooking early signs of preeclampsia, failure to provide appropriate treatment, or neglecting to monitor the mother’s condition.

Brachial Plexus Injury

These injuries stem from nerve damage in the network controlling the arm and hand, often due to excessive pulling during a challenging birth.

Those with brachial plexus injuries may face limited arm mobility and muscle weakness. Physical therapy and specialized equipment such as range-of-motion devices, braces, and splints can aid in rehabilitation.

A child’s birth injury may be due to medical malpractice because of improper delivery techniques, applying excessive force, or failure to respond adequately to signs of fetal distress.

Hypoxic-Ischemic Encephalopathy (HIE)

This can occur when the baby’s brain experiences oxygen deprivation and reduced blood flow during birth, potentially leading to significant brain damage.

HIE can result in severe neurological impairments, developmental delays, and seizures. Rehabilitation devices, medications to manage seizures, and intensive therapies such as physical, occupational, and speech therapy are essential components of treatment.

Medical malpractice in HIE cases may involve failure to promptly recognize and address fetal distress, improper use of delivery techniques, or inadequate interventions to restore oxygen supply during birth.

It is very important for every medical professional to give every mother the duty of care they deserve to avoid preventable birth injuries. It breaks my heart every time I learn of a child who was injured during birth. For more than 40 years, I have held medical experts accountable for their negligence. Call me today, and I’ll Make Them Pay!®

Damages for Birth Injuries

Damages awarded in cases of birth injuries can be categorized into two main types: economic damages and non-economic damages. These damages aim to provide compensation for the physical, emotional, and financial toll birth injuries have on both the injured child and their family.

  1. Economic Damages: Economic damages are the quantifiable financial losses that result from the birth injury. These may include:

    • Medical Expenses: Compensation for past, current, and future medical costs related to the injury. This can cover doctor visits, surgeries, medications, therapies, assistive devices, and ongoing medical care.

    • Rehabilitation Costs: Expenses associated with physical, occupational, and speech therapies, as well as other rehabilitation services required for the child’s development and improvement.

    • Assistive Devices and Equipment: Compensation for the cost of mobility aids, communication devices, braces, wheelchairs, and other devices necessary to enhance the child’s quality of life.

    • Home Modifications: Funds for adapting the family’s living space to accommodate the child’s needs, such as ramps, widened doorways, and accessible bathrooms.

    • Educational Expenses: Compensation for educational services, tutors, and special education programs tailored to meet the child’s unique learning needs.

    • Lost Income: Compensation for parents’ lost income due to the need for caregiving responsibilities, medical appointments, and ongoing support for the injured child.

  2. Non-Economic Damages: Non-economic damages account for the emotional and intangible losses resulting from the birth injury. These may include:

    • Pain and Suffering: Compensation for the child’s physical pain, emotional distress, and diminished quality of life.

    • Loss of Enjoyment of Life: Compensation for the child’s inability to engage in normal activities, hobbies, and experiences due to the injury.

    • Emotional Distress: Compensation for the emotional trauma experienced by both the injured child and their family members.

    • Loss of Consortium: Compensation for the impact of the injury on the parent-child relationship and the family’s overall dynamics.

The money awarded through damages can be used to help injured victims suffering from a birth injury:

  • Medical Care and Treatment: Damages can cover medical expenses, therapies, surgeries, medications, and ongoing medical needs to ensure the child receives the best possible care.

  • Therapies and Interventions: Compensation can be used to provide essential therapies such as physical, occupational, and speech therapy to support the child’s development and improve their quality of life.

  • Educational Support: Funds can go towards specialized education, tutors, and resources to help the child overcome learning challenges and reach their potential.

  • Assistive Devices and Equipment: Money awarded can be used to purchase necessary assistive devices, mobility aids, communication tools, and other equipment that enhance the child’s independence and daily functioning.

  • Home Adaptations: Damages can be used to make modifications to the family’s home to create a safe and accessible environment for the child.

  • Emotional and Psychological Support: Compensation can help the child and their family access counseling, therapy, and other resources to cope with the emotional impact of the injury.

  • Improved Quality of Life: Funds can contribute to experiences, activities, and opportunities that enhance the child’s overall quality of life, including recreational activities, social interactions, and community engagement.

Birth injury litigation can really help provide the person with the help they may need. From medical care to equipment, assistance is available, but it’s expensive. I am here to help you and your family afford what you need. Call me today, and I’ll Make Them Pay!®

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, if the child is mentally incompetent, the statute of limitations may never expire.

What to Expect When You Work with Me

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 on a contingency basis, 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 illnesses and save lives everyday, but sometimes medical professionals make mistakes… mistakes that should have been avoided.

I take birth injury claims very seriously. These injuries can lead to a lifetime of emotional, physical, and financial hardship for an entire family.

If you believe you or a loved one suffers from a birth injury, I can help you. I have decades of experience and a very 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 for a free consultation.


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 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 more
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 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 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 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 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 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 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 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 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 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.