Your Malpractice Story Matters:

Birth Injury Malpractice

Your Trusted Advocate in Birth Injury Malpractice Cases

The arrival of a child should be the most joyful time of a parent’s life, and most of the time, it is. However, at Casey Injury Law, we have witnessed too many examples of preventable birth injuries that permanently impact families’ lives.

We will help you find answers and hold those responsible for the malpractice accountable so you and your family can move forward.

Birth injuries occur in nearly seven out of 1,000 deliveries.

Getting the Answers You Deserve

Holding Healthcare Providers Accountable

A birth injury is just the start of a much longer struggle with a lifelong condition that, many times, insurance will not cover. Accountability provides the financial resources to drastically improve the quality of a child’s life. 

Many families are left confused, without answers as to what happened or why. Answering these questions and holding the responsible parties accountable can lift the weight parents carry and allow healing to begin.

Client Stories: True Malpractice

Real people, real stories of birth injuries here in Ohio. For our clients, being heard, finding answers, and holding negligent healthcare providers accountable are the first steps in moving forward.

Childbirth Malpractice

During labor, the medical team failed to properly monitor the infant’s vitals, resulting in the baby sustaining brain damage.

A newborn suffers a brain injury due to medical negligence.

Overlapping Medical Malpractice

During childbirth, a resident doctor hides a mistake, resulting in the newborn developing cerebral palsy.

Cerebral Palsy

Labor and Delivery Malpractice

During a difficult birth, a newborn’s shoulder is permanently injured due to the doctor’s negligence.

Twins

An obstetrician delivers twins naturally, despite knowing one twin was in a breech position and required a C-section. As a result, the twin now has developmental disabilities.

Birth Injury FAQs

What Is Birth Injury Malpractice?

The baby’s size, position during labor, fetal heart rate, improperly used delivery instruments, and other factors can contribute to birth injuries. When these injuries occur, it’s natural to feel confused and desperate for answers. You deserve to know why it happened.

What Should You Do If You Think Your Baby Suffered a Birth Injury?

A parent who suspects their baby has suffered a birth injury should take the following steps:

  1. Seek Immediate Medical Attention: If you have not already received a clear diagnosis and any necessary treatment for your baby’s condition, do so right away.
  2. Document Everything: Keep records of all medical visits, treatments, and communications with healthcare providers.
  3. Consult a Birth Injury Attorney: Speak to an attorney experienced in birth injury cases to understand your legal options.

These actions can help ensure appropriate care for your baby and protect your legal rights. 

How Long Do You Have To Sue for a Birth Injury in Ohio?

While the state of Ohio has a statute of limitations of one year for  medical malpractice claims, (starting from the date the injury was discovered or reasonably should have been discovered), birth injuries do not fall under this limitation. For minors, Ohio allows claims to be filed until the child’s 19th birthday under certain circumstances. It's important to consult an attorney to understand the specific deadlines for your case, as exceptions and details can vary.

What Compensation Is Available in Birth Injury Lawsuits?

In Ohio, compensation in birth injury lawsuits can include:

  1. Medical Expenses to cover both past and future costs of treatment, therapy, surgeries, and care.
  2. Pain and Suffering: Compensation for emotional and physical distress caused by the injury.
  3. Loss of Future Earnings if the child’s ability to earn a living is impacted by the injury.
  4. Special Care Costs for long-term or lifelong care needs, including home modifications and specialized equipment.
  5. Punitive Damages: Punitive damages are awarded to punish the defendant for particularly reckless or malicious conduct or gross negligence. These damages are intended to deter similar behavior in the future.

What Is the Most Common Birth Injury?

The most common birth injury is cerebral palsy, a condition caused by brain damage that can occur during labor or delivery. It affects muscle control, movement, and coordination.

Other Common Types of Birth Injuries

Hypoxic ischemic encephalopathy

Brain damage caused by oxygen deprivation to the baby during labor and the birthing process. 

Brachial plexus or Erb’s palsy

During a difficult delivery, an infant’s shoulders may become trapped in the birth canal. An unskilled or panicked provider may pull too hard, damaging the brachial plexus nerves in the baby’s neck. The result of this mistake can be Brachial plexus or Erb’s palsy — paralysis usually in one or both of the baby’s arms or legs. 

Neonatal Injuries

The birthing process includes the intrapartum time period immediately following birth. Improper resuscitation, delays in treatment, or even failing to give certain treatments can lead to lifelong injuries or even death to your child. 

Fetal Demise or Stillbirth

There are over 20 countries that have lower infant mortality rates than the United States. Many times, common errors, miscommunication, or even neglect cost parents their child before or just after birth.

Expertise in All Areas of Medical Malpractice
Obstetric & Gynecology Malpractice

You and your unborn child deserve better than negligent care.

Pediatric Malpractice

Protect your child’s well-being with expert representation in pediatric malpractice cases.

Nursing Neglect Malpractice

Fight against inattentive nursing care with dedicated legal representation.

Casey Injury Law: Your Birth Injury Malpractice Advocate

When your child is injured during birth, who will be their voice? Finding answers and justice for you and your child requires a skillful and experienced medical malpractice attorney. Jim Casey will help you uncover the truth and understand what happened to your baby. 

Contact Jim Casey Today

Telling your story is the first step toward justice for you or your loved one. At Casey Injury Law, our goal is to make life better for you and your affected child and help make labor and delivery safer for other mothers and babies. Complete our form, and we will reach out to you as soon as possible. Or, contact us by email or phone: 440-974-7872.

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