Cleveland Birth Injury Attorneys

Representing Victims of Childbirth Negligence Since 1946

You have waited anxiously and expectantly for 9 months, in eager anticipation of your new addition to your growing family, but something seems wrong, or rather, not quite right. Now that your baby is here, your intuition is telling you that your baby may have a birth injury.

Birth injuries can be a heartbreaking and overwhelming experience for any family. When complications arise during pregnancy, labor, or delivery due to medical negligence, the consequences can be life-altering for both the child and their loved ones. At Spangenberg Shibley & Liber LLP, we understand the emotional and financial toll these injuries can bring. That’s why we’re here to help. Our Cleveland birth injury lawyers are dedicated to standing by your side, fighting for your rights, and pursuing the compensation you deserve to help secure a better future for your family.

If you have a legal case involving a birth injury that was sustained by yourself or your child during pregnancy or delivery, you should not hesitate to speak with a Cleveland birth injury lawyer today.

What is a Birth Injury?

A birth injury is an injury your baby sustains during labor or delivery. These injuries may affect your baby’s bone structure, vital organs, or nerve centers such as the brain, heart, or skull, and might significantly impact emotional, physical, and cognitive development. Many babies sustain minor injuries during birth that resolve without treatment. However, serious injuries can lead to brain damage, severe nerve damage, physical impairments, or possibly even death.

Here are some common types of birth injuries:

• Cerebral Palsy: Caused by brain injury or lack of oxygen during birth, cerebral palsy affects movement and muscle control. It is a lifelong condition with symptoms that range from mild to severe.
• Brachial Plexus Injury (Erb’s Palsy): This occurs when the nerves in a baby’s shoulder and upper arm are stretched or torn during delivery. It can lead to weakness, loss of movement, or even paralysis in the affected arm.
• Fractures: The most common fracture during birth is the collarbone (clavicle), often caused by a difficult or breech delivery. It usually heals quickly, though it may cause temporary pain or limited arm movement.
• Cephalohematoma: This is bleeding between a baby’s skull bone and the membrane covering it, forming a lump on the head. It typically resolves on its own, but may increase the risk of jaundice.
• Caput Succedaneum: This is swelling of the scalp caused by pressure during passage through the birth canal. It often looks puffy or bruised but usually goes away within a few days.
• Facial Nerve Injury (Facial Palsy): Pressure on the baby’s face during delivery, especially with forceps, can damage facial nerves. This may cause one side of the face to droop or not move properly when the baby cries.
• Intracranial Hemorrhage: Bleeding in or around the brain can result from trauma during birth, especially in premature infants. Symptoms vary but can include seizures, poor feeding, or difficulty breathing.
• Perinatal Asphyxia: This happens when a baby doesn’t get enough oxygen during or right after birth. It can lead to breathing problems and, in severe cases, long-term brain damage.

What Are the Symptoms of Birth Injuries?

Some symptoms of birth injuries are readily apparent, while others may develop slowly over time.

You might notice symptoms immediately such as:

• Improper breathing
• Limpness
• Seizures
• Bruising
• Swelling
• Abrasions

Symptoms that may become apparent over time include:

• Impaired motor skills
• Impaired muscle coordination
• Impaired development
• Impaired flexibility
• Impaired visual and auditory perception

How Common Are Birth Injuries in Ohio?

Birth injuries are a critical concern in Ohio, with hundreds, if not thousands, of cases occurring each year.

A study published in the Journal of Pediatrics, analyzed data from 2005-2014 and found that the prevalence of birth injuries in the United States is about 6.2 per 1,000 hospital births. Here in Ohio, approximately 805 newborns were found to have suffered birth injuries yearly, according to statistics from 2021. These findings highlight the significant impact of birth injuries on families in Ohio and emphasize the importance of vigilance and proper medical care during childbirth.

While many births proceed without complications, a notable number experience some form of injury, ranging from minor to severe. As with many regions, advancements in medical technology and increased awareness have improved prenatal and delivery care, but the occurrence of birth injuries remains a significant issue. Pursuing birth injury lawsuits is another way to hold parties accountable responsible and improve safety measures for future newborns and their families.

What Are the Causes of Birth Injuries?

Birth injuries can stem from various causes, often involving complex factors during labor and delivery. Some common causes include:

• Prolonged labor
• The use of forceps or vacuum extraction
• Umbilical cord complications
• Improper medical procedures or negligence

Additionally, conditions such as macrosomia (large baby) or breech birth can increase the risk of injury. Identifying the cause is crucial in determining liability and seeking appropriate compensation for affected families.

Who Can Be Held Liable for Birth Injuries?

In Ohio, liability for birth injuries can fall on several parties. These may include doctors, nurses, hospitals, or other medical professionals involved in prenatal care and delivery. Determining liability often requires a detailed investigation to ascertain if negligence or malpractice contributed to the injury. This is when the legal expertise of a Cleveland birth injury lawyer can play a pivotal role in finding and holding accountable those who caused your family's harm and suffering.

What Compensation is Available for Birth Injury Claims?

Families affected by birth injuries may be entitled to various types of compensation under Ohio law. Potential settlements can cover:

• Medical expenses
• Future care costs
• Rehabilitation therapies
• Loss of earning capacity
• Pain and suffering

Each case is unique, and a comprehensive legal assessment is essential to determine the scope and scale of compensation warranted. Timely legal action ensures that families receive the support they need to address these challenges effectively.

Are There Any Caps on Damages for Birth Injury Claims?

Ohio law imposes caps on non-economic damages, such as pain and suffering, in medical malpractice cases, including birth injuries. However, these caps do not apply to economic damages like medical expenses and lost wages. An experienced attorney can provide detailed information based on the specifics of your case.

Are All Birth Injuries Permanent?

Some birth injuries can fully or even partially heal with the proper medical treatment and time. Unfortunately, other injuries are permanent and will require proper treatment and care throughout the life of your child.

How Do I Know if My Baby’s Injury is Due to Medical Malpractice?

Knowing the scope of your child’s injuries is an important aspect of understanding the potential future needs of your child. Not all birth injuries are the result of medical malpractice.

However, if your child has suffered an injury that was avoidable, that injury may have occurred because your doctor, nurse, or medical staff:

• Failed to properly assess your baby’s health during pregnancy or prior to childbirth
• Failed to properly assess a situation that arose during or directly after childbirth
• Failed to provide appropriate medical care in response to the situation that arose
• Provided improper prenatal care

What is the Statute of Limitations for Filing a Birth Injury Claim in Ohio?

In Ohio, birth injury claims generally fall under medical malpractice laws, which typically allow one year from the date of injury or the last treatment date by the negligent party to file a claim. However, for minors, this period doesn't begin until the child turns 18, effectively extending the filing deadline until their 19th birthday. Despite this extension, it's advisable to initiate legal action promptly to preserve evidence and witness recollections.

Why Should I File a Lawsuit After My Baby’s Birth?

Victims of birth injuries resulting from negligence may be entitled to receive substantial monetary compensation, including payments for hospital expenses and costs of future treatment, therapy, rehabilitation, and care. As a client of Spangenberg Shibley & Liber LLP, you have a strong advocate, compassionate ally, and steadfast guide through this process. We have a deep commitment to our clients, who may be facing some of the most difficult times of their lives.

Call our dedicated and caring team today at (216) 600-0114 to arrange a free case evaluation with our Cleveland birth injury lawyers.