When birth injuries occur, they can turn a joyous event into a traumatic experience. Understanding the complexities of personal injury claims related to birth injuries is crucial for affected families. If your child has been the victim of birth injuries, help is available.
Common birth injuries and long-term effects
While birth injuries occur on a spectrum of severity, many can affect your quality of life over the long term:
- Cerebral palsy: Cerebral palsy is a group of disorders that affect a person’s ability to move and maintain balance and posture. It is the most common motor disability in childhood. Birth injuries leading to cerebral palsy are often caused by oxygen deprivation during delivery. The long-term effects of cerebral palsy often include physical impairments, intellectual disabilities, seizures, vision and hearing problems and difficulties with speech and communication.
- Brachial plexus injuries: The brachial plexus is a network of nerves that sends signals from the spine to the shoulder, arm and hand. Damage to these nerves during birth can result in brachial plexus injuries, such as Erb’s palsy. Victims may have long-term effects like weakness or paralysis in the arm, loss of sensation in the arm or hand, impaired muscle growth and development and in some cases, the need for surgical intervention.
- Hypoxic-Ischemic Encephalopathy (HIE): HIE is a type of brain damage that occurs when a baby’s brain doesn’t receive enough oxygen and blood. This condition can result from complications during labor and delivery. The long-term effects of HIE can include developmental delays, cognitive impairments, motor skill disabilities and an increased risk of conditions like cerebral palsy.
- Fractures and broken bones: During a difficult delivery, infants can suffer fractures, particularly to the clavicle or collarbone. While some fractures heal quickly without long-term consequences, others can lead to prolonged pain or discomfort, improper bone healing and reduced mobility or function.
- Perinatal asphyxia: Perinatal asphyxia occurs when a baby does not receive adequate oxygen before, during, or just after birth, leading to significant neurological damage. The long-term effects can include cognitive impairments, motor skill delays, behavioral problems, and an increased risk of epilepsy.
Filing a birth injury claim in Ohio
Medical malpractice occurs when a healthcare provider deviates from the standard of care, resulting in injury or harm. To have a successful birth injury claim, you must prove the existence of a doctor-patient relationship, the healthcare provider’s negligence, that the injury directly resulted from this negligence and that the injury led to specific damages such as physical, emotional, or financial harm.
Typically, evidence includes medical records of both mother and child, expert medical testimony, documentation of the injury and its impacts, and witness statements. You’ll also need to file the claim within one year from the date the injury was discovered or reasonably should have been discovered. However, there are exceptions. Call the Law Offices of Tim Misny today for help navigating your birth injury claim.
Talk to an Ohio medical malpractice attorney today
The Law Offices of Tim Misny can help you with your medical malpractice claim. If you or a loved one were injured due to someone else’s negligence or recklessness, I’ll Make Them Pay!® Call my office at (800) 556-4769 so that I can evaluate your case right away.