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What is Considered a Birth Injury Under Ohio Law

birth injuries

Expecting a baby is a joyous time. Having a baby shower, setting up the nursery, and choosing their baby’s name is exciting for soon-to-be parents.

When planning for their little one’s arrival, parents place their trust in the hands of the doctors and nurses who will handle the labor and delivery. They assume the mother and baby will be safe, happy, and healthy. No parent ever thinks that those assisting in their baby’s delivery will fail to provide the appropriate level of care and ultimately cause injury.

After a devastating birth injury, parents are left wondering what to do. They aren’t sure how they will care for their baby and deal with the exorbitant costs of medical care. But when a birth injury results from negligence, parents have the right to seek compensation. Below, we will detail what the state of Ohio considers a birth injury, go over the types and causes of birth injuries, and discuss what you can do if your baby was injured by a negligent doctor, nurse, or other medical providers.

To learn more about birth injuries, contact the experienced Ohio birth injury attorneys at Slater & Zurz to arrange a FREE consultation. (888) 534-4850

What Does Ohio Consider a Birth Injury?

In Ohio, a birth injury is considered any injury to the baby or mother that occurs before, during, or just after the labor and delivery process.

In cases where the injury resulted from a medical professional’s negligent actions, injured victims and their families have the right to seek compensation. For the actions to be considered “negligent,” the following elements must be shown.

  • A physician/patient relationship existed.
  • The doctor, nurse, or other healthcare provider’s treatment fell below the accepted standard of care.
  • The negligent action or inaction directly caused the victim’s injury.
  • The victim’s injuries resulted in losses or “damages.”

Types of Ohio Birth Injuries

Although some injuries that occur during birth are minor and can heal on their own, many are so serious that they require extensive medical treatment. Some injuries can even leave the baby with life-altering disabilities or result in their death.

Some of the more common types of birth injuries include:

  • Infection
  • Brachial plexus injuries (Erb’s palsy)
  • Shoulder dystocia
  • Cerebral palsy
  • Klumpke’s palsy
  • Broken bones
  • Vision, hearing, or motor impairments
  • Fractured skull
  • Traumatic brain injury
  • Spinal cord injuries
  • Facial injuries, including paralysis
  • Brain hemorrhage
  • Kernicterus
  • Hydrocephalus
  • Coma
  • Wrongful death

Birth Injuries to the Mother

Although we commonly associate birth injuries with the baby, in many cases, the mother is the one who sustains a serious injury. Some examples of maternal birth injuries include:

  • Infection
  • Vaginal tears
  • Persistent back pain
  • Seizures
  • Nerve damage
  • Broken bones
  • Spinal membrane damage
  • Ruptured or prolapsed uterus
  • Post-natal traumatic stress disorder

Common Causes of Birth-related Injuries

Birth injuries are especially devastating because they are frequently preventable. When medical providers adhere to the accepted standard of care and the proper medical screening and interventions are utilized, injuries can be avoided before, during, and shortly after birth.

Some common causes of birth injuries include:

  • Inadequate monitoring of the mother and baby
  • Improper delivery techniques
  • Failure to perform a C-section
  • Delayed C-section
  • Defective medical devices and equipment
  • Excessive force during delivery
  • Failure to treat an infection
  • Discharging the mother or baby too early
  • Medication errors
  • Anesthesia errors
  • Improper use of birthing tools or equipment
  • Failure to respond or a delayed response to a fetus in distress
  • Not providing enough oxygen to the baby
  • Failure to properly treat jaundice
  • Failure or misdiagnosis of a medical condition
  • Not providing adequate care to the mother or baby after the delivery

What You Can Do Following an Ohio Birth Injury

If you or your child was injured by a negligent doctor, nurse, or medical facility during the birthing process, you have the right to seek damages in a medical malpractice claim under Ohio law. Compensable damages may include:

  • Medical expenses
  • Rehabilitation
  • Loss of income
  • Pain and suffering
  • Disability
  • Disfigurement
  • Wrongful death

Hiring an Ohio Birth Injury Lawyer

Medical malpractice is one of the more challenging areas of personal injury law. This is largely because these cases involve high dollar compensation and are therefore highly contested by the doctor or hospital’s insurance company.

That is why it is especially critical to hire an Ohio birth injury attorney with the experience, resources, and reputation needed to get you the outcome you deserve. A qualified injury attorney will assist you by:

  • Make sure you or your child receives the highest level of medical care, allowing for the best chance of recovery
  • Explaining your rights, legal options, and what to expect during the process
  • Handling all communication with the insurance company and other parties related to the case
  • Keeping you apprised of any progress or developments in your Ohio birth injury case
  • Working with medical, psychological, and financial experts to accurately show the full extent of your or your child’s injury and the current and future financial losses
  • Negotiating with the insurance company for a full settlement
  • Building a strong legal argument and advocating on your behalf at trial, if necessary
  • Being there for you and your family during and after your case

Speak With an Experienced and Compassionate Birth Injury Lawyer in Ohio

For over four decades, our Ohio medical malpractice lawyers at Slater & Zurz have seen first-hand the catastrophic and life-altering consequences of a birth injury. That is why our firm fights tirelessly to bring justice to those affected by these devastating events.

You have rights if you or your child were injured by a negligent doctor, nurse, or other healthcare professional. Our team of birth injury lawyers in Ohio will vehemently protect those rights and advocate strongly on your and your child’s behalf to secure the compensation you deserve.

To learn more or to begin the birth injury claim process, reach out to our personal injury firm today to set up a FREE, no-obligation consultation. And should you choose us to represent you in your injury case, we will do so without asking for any money upfront. We will only get paid if we win your case. So please don’t hesitate. Contact one of our conveniently located offices in Akron, Canton, Cincinnati, Cleveland, Columbus, Dayton, and Toledo today. (888) 534-4850