At Slater & Zurz, our birth injury lawyers are dedicated to pursuing justice and accountability on behalf of innocent newborns and their families. We work with our team of medical professionals to thoroughly examine the circumstances surrounding the injury to determine whether the injuries resulted from a negligent party. If negligence is found to have occurred, we will aggressively pursue all legal options to obtain justice as well as full and fair compensation for your or your baby’s injuries. With over a century of combined legal experience, you can find peace of mind, knowing you are capable hands.
The Differences Between a Birth Defect and Birth Injury
Every parent wants one thing for their newborn child – for him or her to be healthy. Unfortunately, this is not always the case, whether it is due to a birth injury or birth defect. While both terms sound similar, there are some crucial differences between the two.
A birth defect occurs while the baby is in the womb. The defect typically develops within the first three months of pregnancy. Examples include a cleft palate, heart defect, and spina bifida. Common causes of a birth defect include:
- Infections during pregnancy
- Exposure to chemicals or medications
A birth injury is any form of injury that takes place immediately before, during, or after labor and delivery. Examples include:
- Joint dislocation
- Broken collar bones
- Skull fractures and head trauma
- Cerebral palsy or brain damage caused by a lack of oxygen
- Brachial plexus (a type of arm injury)
- Nerve damage, such as Erb’s palsy
While birth defects are typically not preventable, birth injuries are generally caused by negligence. There are several common causes of birth injuries, such as:
- Failure to perform C-Section in a timely manner
- Failure to properly monitor fetus for signs of distress
- Failure to respond to the fetus when they are in distress
- Improper use of medical instruments, such as forceps
- Failure to provide oxygen to the fetus when needed
- Improper administration of medication
- Failure to properly administer or assess a fetal ultrasound
- Failure to resuscitate or care for the newborn after birth
Birth Injuries to Mothers
When most people think of birth injuries, they think of injuries sustained to a newborn during birth. But in many cases, the mother is the one who is injured in the process. There is a wide variety of maternal birth injuries, such as:
- Vagina tears
- Broken bones
- Nerve damage
- A prolapsed uterus
- A ruptured uterus
- Post-partum hemorrhage (PPH)
- Post-natal depression (PND)
- Post-natal traumatic stress disorder (PTSD)
Maternal birth injuries can drastically impact the mental and physical well-being of a woman. Sadly, the majority of these injuries are preventable and occur due to the negligence of a medical professional.
Were you injured during the birth of your child? Speaking to a skilled Cincinnati birth injury lawyer will help determine what caused your injury and whether it resulted from negligence. If so, your lawyer will determine the ideal course of action to obtain maximum recovery.
Compensation in a Birth Injury Case
If you or your newborn were injured during the birth process, you might be entitled to be compensated for your losses. Depending on your case’s circumstances and the nature of your or your baby’s injuries, you may choose to seek damages for the following:
- All past, current, and future medical costs related to the injury
- Rehabilitation costs, including physical therapy
- Lost wages
- Pain and suffering
- Mental anguish
- Funeral expenses
Ohio Statute of Limitations
A statute of limitations is a law that sets the amount of time injured parties have to file a lawsuit. In Ohio, birth injury and other medical malpractice lawsuits must be filed within a year of the date of the injury. Injured children also have the right to file a lawsuit as an adult and have a year from their eighteenth birthday to file.
If your baby was injured before, during, or after their birth, you can file a lawsuit to hold negligent parties accountable for their actions and recover damages for your losses. There may be a variety of parties who can be held liable for a birth injury, including:
- The doctor
- The nurses
- Other staff involved in the labor or delivery
- The hospital
- The drug manufacturer, pharmacist, or anesthesiologist
- Medical device manufacturers
Our Cincinnati Birth Injury Lawyers Can Help
Birth injuries can be devastating, with severe long-term consequences for the child and their families. The injured child may require life-long support, such as multiple surgeries, extensive therapy, and special accommodations to achieve the best quality of life possible. A birth injury lawsuit will allow you to seek compensation for your child’s injuries to ensure his or her current and future needs are met.
If you believe you or your newborn were injured as a result of medical negligence, we urge you to contact our Cincinnati personal injury attorney at Slater & Zurz. We will carefully assess your situation and determine how to proceed to get you the best resolution possible. We routinely work with a team of medical specialists to quickly and accurately identify negligence that may have resulted in your or your baby’s injuries. We will then work diligently to hold the negligent party accountable.
Birth injury lawsuits and other medical malpractice lawsuits can be complex and take some time to resolve. Our experienced litigators have the knowledge, dedication, and resources necessary to advocate effectively on your behalf to seek justice and the maximum compensation possible. Contact Slater & Zurz any time, day or night, by calling (513)496-3331.