Birth Injury Lawyers in Cincinnati, Ohio
The birth of a child is a wonderful event. Unfortunately, a birth injury can turn this happy occasion into a frightening and traumatic experience. Some birth injuries can have devastating repercussions that may affect a child’s entire life. A Cincinnati, Ohio birth injury attorney can fight for the compensation you and your family deserve.
Burg Simpson has extensive experience advocating for the victims of birth injury and their families. We consider it our duty to hold negligent medical providers accountable when their errors injure a newborn baby. Our knowledgeable lawyers enlist medical experts of the highest caliber to prepare a strong case and pursue justice on your behalf.
Every year, tens of thousands of children are born with birth injuries. You are not alone, and an Ohio birth injury attorney at Burg Simpson is here to help. Call our Cincinnati office at 513-852-5600 today for a FREE and confidential case evaluation.
Types of Birth Injuries
A birth injury is any type of physical trauma that occurs at birth. Birth injuries may occur during labor and delivery or shortly thereafter. Some may be unavoidable, while others are the result of medical negligence.
Common types of birth injuries include:
- Head and skull injuries
- Lack of oxygen to the brain
- Bone fractures
- Shoulder dystocia
- Brachial plexus injuries
- Cerebral palsy
- Erb’s palsy
- Klumpke’s palsy
- Hypoxic ischemic encephalopathy (HIE)
- Facial nerve paralysis
Some birth injuries may prove fatal, resulting in intrauterine fetal demise. This is the medical term for stillbirth, which occurs in approximately 1% of all births in the United States each year. Expectant parents are left reeling after a stillbirth. It is natural to feel overwhelmed by grief and unsure of what caused their baby’s death.
Determining whether a stillbirth can be linked to medical malpractice requires a close examination of the available medical records. At Burg Simpson, an Ohio birth injury attorney can discuss your stillbirth experience with the utmost compassion and sensitivity. We can explore whether the circumstances support pursuing a medical malpractice lawsuit.
What Causes Birth Injuries?
Birth injuries have many potential causes. A Cincinnati medical malpractice lawyer can investigate to determine whether the negligence of a doctor, nursing staff, and other healthcare providers caused your baby’s injury.
Common causes of birth injuries include:
- Oxygen deprivation: The brain needs a continuous supply of oxygen to function. Errors during labor and delivery may deprive a baby’s brain of oxygen, potentially resulting in severe brain damage. Possible causes of oxygen deprivation injuries during birth include delayed delivery, issues with the umbilical cord, and more.
- Prolonged labor: Waiting too long to deliver a baby can have disastrous consequences, including infection, asphyxia, and fetal distress. Medical professionals have a duty to progress labor, but errors and delays may result in injury to mother and baby alike.
- Failure to recognize fetal distress: Signs of fetal distress include abnormal heart rhythms, reduced movement of the fetus, and the presence of meconium (the baby’s first stool) in the amniotic fluid. Doctors and nurses should be able to recognize these signs and react accordingly; failure to do so may constitute medical negligence.
- Improper use of forceps and other equipment: Forceps and vacuum extraction tools may prove useful if labor fails to progress. This equipment must be used properly, however, or a birth injury may occur.
- Delayed C-section: A cesarean section is sometimes medically necessary to protect both mother and baby. If a C-section is not performed promptly, the baby may experience birth asphyxia, HIE, brachial plexus injury, or even stillbirth.
The delivery room can be a hectic environment, especially if there are complications or an emergency arises. It can be difficult for parents to know what caused the birth injury—all they may know is that something went wrong, and now their baby is suffering.
Our Cincinnati, Ohio birth injury lawyers can collect evidence on your behalf. We have the experience, knowledge, and resources to hold negligent doctors, nurses, and hospitals accountable.
How Do I File a Birth Injury Claim?
Birth injury claims are complicated. You need to prove:
- One or more medical professionals owed you and your baby a duty of care.
- The defendant(s) violated the duty of care by failing to uphold the standards of the medical profession.
- Their negligence was the cause of your baby’s injury.
- You and your family suffered damages as a result of the birth injury.
Proving each of these elements on your own is extremely difficult. Most people do not know how to read medical records, nor are they aware of the full extent of damages they may be due. Hiring an Ohio birth injury attorney in Cincinnati is the best way to protect your rights and make a successful claim.
Burg Simpson serves clients in Cincinnati, Hamilton County, and throughout Ohio. As experienced trial lawyers, we have in-depth familiarity with the local and state courts. Our team can handle all aspects of filing your birth injury claim.
Do I Need a Birth Injury Attorney in Ohio?
Children with birth injuries may require extensive medical care and therapy. Your first concern should be getting your child the treatment they need. When you hire a birth injury attorney, you can focus on your baby’s recovery while we handle the intricacies of your legal case.
As Cincinnati birth injury lawyers, we know that strong evidence is essential. We gather medical records, witness statements, and more, as well as hire leading medical experts to establish causation and calculate damages.
Medical malpractice actions in Ohio must include at least one Affidavit of Merit. The Affidavit of Merit is a sworn statement by a qualified medical expert stating that the plaintiff has sufficient grounds for a medical negligence claim. Burg Simpson’s local clout and national strength give us access to a wide range of medical specialists who can act as expert witnesses.
Hospitals and insurance companies vigorously contest medical malpractice claims, so having an Ohio birth injury lawyer in your corner is critical. Attorneys at Burg Simpson have extensive experience negotiating settlements. If necessary, we can also prepare for trial and take your case to court. Our firm has recovered more than $2 billion in settlements and trial awards.
What Is the Statute of Limitations for Birth Injury in Ohio?
The statute of limitations is the legal time limit for making a birth injury claim. In Ohio, the standard limitation period for medical malpractice claims is just 1 year. Additional time may be granted if the injury is not discovered within 1 year of the medical error.
A birth injury claim may represent a notable exception to Ohio’s strict statute of limitations for medical malpractice actions. Minor children cannot exercise their legal rights. As such, a child who was injured at birth may file a claim up to 1 year after their 18th birthday.
Of course, most birth injury claims in Cincinnati are pursued much sooner. If your child sustained a birth injury and you believe medical negligence was a factor, it is in your best interest to speak with an attorney as soon as possible to safeguard your rights and preserve important evidence.
Compensation for Birth Injuries
A birth injury claim should include all of your current and future losses. Your child may face numerous challenges throughout the course of their life, and your family is likely to incur substantial expenses in the years and even decades ahead. Burg Simpson can help you seek full compensation.
Damages that may be recovered in a Cincinnati birth injury claim include:
- All medical expenses to date
- The future costs of medical care, rehabilitation, and therapy
- Home and vehicle modifications
- Assistive devices and medical equipment
- The parents’ loss of income
- Pain and suffering
- Emotional anguish
- Loss of enjoyment of life
Ohio law generally limits non-economic damages in medical malpractice claims to (a) $250,000 or (b) three times the value of the economic losses (up to a maximum of $350,000 per plaintiff)—whichever is greater. If medical malpractice results in a catastrophic injury, the non-economic damages cap is increased to $500,000 per plaintiff.
You may be entitled to wrongful death damages if your baby succumbed to a birth injury. An Ohio birth injury attorney can provide the assistance you need in this difficult time.
At Burg Simpson, our goal is to recover maximum compensation on each client’s behalf. We have built a formidable, nationwide reputation for excellence as litigators and trial lawyers. This enables us to represent you with the utmost effectiveness throughout your case—whether we are negotiating a settlement or filing a lawsuit and, if necessary, going to trial.
Why Choose Burg Simpson?
Burg Simpson was founded in 1976. For more than 45 years, we have distinguished ourselves as leading personal injury lawyers. We have extensive knowledge of birth injuries and other injuries stemming from medical malpractice. If your child has been diagnosed with cerebral palsy or another birth injury, our attorneys can help you with all aspects of the legal process.
Our team is made up of Good Lawyers. Changing Lives.® We are focused not only on achieving maximum compensation but helping you and your loved ones find peace of mind. You can expect a unique combination of personalized service and large-firm capabilities.
Clients trust Burg Simpson with a wide range of complex legal matters. Our attorneys frequently represent multiple plaintiffs in mass torts and class action lawsuits against pharmaceutical companies, medical device manufacturers, and other large defendants. We have won multiple awards for our skill and success in personal injury, medical malpractice, and mass tort/class action litigation.
We know that birth injuries are more than financially devastating; they also cause immense sadness, worry, and heartache. The lawyers and staff at Burg Simpson take the time to understand your situation so we can fight for you and your family.
Contact an Ohio Birth Injury Attorney in Cincinnati
No parent wants to think about their child getting hurt. Sadly, thousands of babies are born each year with significant, life-altering injuries. Legal action is critical not only for obtaining the compensation you need and deserve but potentially saving other families from the same experience.
The Cincinnati birth injury lawyers at Burg Simpson are adept at handling medical malpractice cases that involve birth-related injury to children and mothers. Monetary compensation cannot fully undo the damage done to you, your baby, and your family; however, it may make it possible for your child to receive the necessary medical care and for you to lay the groundwork for your child’s future.
For a FREE case evaluation, call Burg Simpson today at 513-852-5600. Our birth injury attorneys serve clients in Cincinnati and all of Ohio.
