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Failure to Treat

Birth Injuries Caused by A Failure to Prevent, Diagnose, or Treat

Talk to Our Cleveland Birth Injury Lawyers About Your Case

Birth injuries can happen when doctors take the wrong action; they can also occur when obstetrical caregivers fail to act. The Ohio birth injury attorneys at The Becker Law Firm represent families who suffered harm because of an obstetrical caregiver’s failure to diagnose, treat, or otherwise prevent a birth injury.

Contact us online or call (440) 252-4399 to learn more about how we can assist you with your malpractice case.

Injuries Caused by Failure to Prevent, Diagnose or Treat

Obstetricians, nurses, and other doctors who treat pregnant women have at least two patients—the mother and the unborn child. Some medical conditions are common and some are rare, but they are all taught in medical school, written about in the medical literature, and the mother’s health care team must be prepared to deal with any emergency that arises.

From our offices in Cleveland and Elyria, Ohio, we represent clients in a wide range of cases involving failure to diagnose and treat conditions such as:

  • Uterine rupture: Various types of obstetrical malpractice can result in the rupture of the uterus, which can be life-threatening. There are many risk factors for uterine rupture, which is a tear in the wall of the uterus that can lead to the death of the baby or mother, cerebral palsy, or developmental delays. Doctors must be ready to act quickly to identify and treat this life-threatening situation.
  • Prolapsed umbilical cord: When the umbilical cord folds over onto itself, the flow of life-sustaining blood and oxygen to the fetus can be cut off, resulting in serious, permanent brain damage or death to the child. Though relatively uncommon, this emergency medical situation is the result of an umbilical cord that is pinched by the baby during labor.
  • Fetal distress: Fetal monitoring systems can pick up early indications of fetal distress. This distress can reflect oxygen deprivation caused by various factors. Failure to read and respond appropriately to these SOS signals from the baby can cause serious birth injuries or wrongful death.
  • Retinopathy of Prematurity (ROP): Babies can lose their eyesight very quickly, particularly if they are born premature and have abnormal development of blood vessels in their eyes. Properly identified and treated, they can have normal or near-normal eyesight. Time is of the essence, however.
  • Kernicterus Birth Injuries/Severe Newborn Jaundice: Jaundice can lead to kernicterus, which is the collection of excess bilirubin in the baby’s brain. Untreated, the baby can suffer from hearing loss, developmental delays, or death.
  • Hypothermia Therapy: Hypothermia therapy in newborns who experience birth asphyxia, the deprivation of blood and oxygen close to birth, is an important way to minimize future brain injury and even to prevent death. It involves keeping a baby cool for a period of time after birth.
  • Test-Related Negligence: Test-related negligence can include lack of proper response to fetal monitoring or negligence that occurs during prenatal testing, such as sonograms and more.

Our Ohio failure to diagnose lawyers represent clients in cases involving failure to order necessary tests, failure to respond appropriately to test results, and failure to respond appropriately to fetal monitoring. This includes routine blood and urine tests done in a normal pregnancy exam, sonograms, and other imaging tests.

  • $13.5 Million Birth Injury

    Becker Law Firm attorneys Michael Becker and David Skall obtained a jury verdict for $13.5 million in Akron, Ohio. The case involved a now 16- year-old boy who suffered a brain injury at the time of birth (specifically a watershed injury). The doctor held liable for causing the boy’s injury is Laura Fortner, M.D., previously of Atrium OB/GYN, Inc.

    • David W. Skall
    • Michael F. Becker
  • $4.5 Million Birth Injury

    Failure to Carefully Ligate Umbilical Cord, Resulting In Severing Child’s Great Toe, Major Fluctuation In Child’s Blood Pressure And Subsequent Brain Damage (Cerebral Palsy & Developmental Delays)

    • Michael F. Becker
  • $4.25 Million Birth Injury

    Failure of Obsterical Caregivers to Recognize Maternal Hemorrhage Resulting in Brain Damage

    • Michael F. Becker
  • $4 Million Birth Injury

    Failure to provide intra-partum and immediate post-partum antibiotics.

  • $3.14 Million Birth Injury

    Failure to perform timely cesarean section which resulted in severe birth asphyxia.

    "Thank you for being our champions."

    Your unwavering dedication and expert guidance have truly been a lifesaver. Your sharp legal mind and compassionate heart have made all the difference. From the bottom of our hearts, thank you for being there for us every step of the way. We are forever grateful Words cannot express our gratitude for everything you have done for us. Your outstanding professionalism, attention to detail, and commitment to justice have been nothing short of remarkable. You have given us back our confidence and hope during a difficult time. Thank you for being our champions. Thank you so much.

    - The C. Family
    "Michael Becker helped us secure our daughter’s future needs. We will always be grateful for the impact he has had on our family."
    We were greeted with professionalism, expertise, compassion, respect, and a desire to provide the best quality of life for our daughter. She was always the top priority. Mr. Becker represented our daughter and family as if it was his own. His staff was equ
    - Kris Harmon, mother of Perri
    "Mike represented us as if he was fighting for his own family member. I knew that my son was getting the best representation in Northeast Ohio."
    It was an honor having such an experienced lawyer handle my son's cerebral palsy case. He represented us as if he was fighting for his own family member. Everyone at the firm made us feel comfortable about our case. I knew that my son was getting the best representation in Northeast Ohio. The Becker Law Firm is dedicated to bringing justice to their clients. I've already referred families that I know!
    - Knyesha Washington
    "David worked our case with professionalism and patience in an amazing way that ultimately led to a positive outcome."
    Right from the very beginning of our case, David Skall and his assistant Jean Witt were both extremely kind and compassionate to help us put closure on a wrongful death case involving my father at a care facility. They were quick to answer any questions that we had and they made sure we were kept in the loop of this entire process. even though we were in the middle of a pandemic, David and his team were able to adapt their technology and make it all work out for our benefit. I would strongly recommend them to anyone in need of legal help.
    - John Z.
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    Contact The Becker Law Firm

    Every medical problem must be timely identified and treated. Without proper precautions, even minor medical problems can have serious long-term consequences. If your child has suffered a birth injury due to failure to diagnose, prevent, or treat an obstetrical problem, please contact the Ohio birth injury lawyers at The Becker Law Firm. We offer a free initial consultation to review your case and advise you of your rights and options.

    Call us at (440) 252-4399 for a free consultation. Our team can help you find answers.

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