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 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 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 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 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.
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.
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.