Cincinnati Birth Injury Attorney

The Becker Law Firm is recognized among the nation’s leading civil trial practices for complex claims involving medical negligence and preventable birth injuries. If you, your child, or someone you love have suffered a birth injury that could and should have been prevented, our award-winning legal team is available to review your case and discuss how we can help you pursue the compensation you deserve.

The Becker Law Firm Distinctions:

• Nationally recognized birth injury attorneys with over 100 years’ collective experience
• Ohio record for the largest personal injury settlement for a single plaintiff
• Proven success representing children across the U.S., from Maine to Hawaii
• Attorneys who are Registered Nurses with medical expertise
• More than $500M in verdicts and settlements recovered for clients
• Multiple 8-figure settlements in birth injury cases
• Verdicts secured for birth injury victims across Ohio, including millions in cases other Ohio lawyers turned down

The Becker Law Firm was founded in 1980 by Attorney Mike Becker, one of the nation’s most respected civil litigators. A proven advocate for the injured, Attorney Becker is a Certified Civil Trial Specialist by the National Board of Trial Advocacy, and a member of the prestigious Inner Circle of Advocates, an invite-only group reserved for the nation’s top 100 plaintiffs’ attorneys. Together with Partner Romney Cullers, also a Certified Civil Trial Lawyer, and our team of award-winning attorneys, Mr. Becker helps families fight for the justice and compensation they deserve.

Contact us online, or call 216-621-3000 to speak personally with an attorney about your case. We serve birth injury victims throughout Hamilton County, the state of Ohio, and the nation.

What is a Birth Injury?

A birth injury refers to any physical harm or trauma experienced by a newborn during the labor and delivery process. These injuries can range from minor to severe, affecting the baby’s brain, nerves, or other body parts, leading to conditions such as the following:

• Cerebral Palsy: Cerebral palsy can result from birth complications that deprive the baby’s brain of oxygen, leading to motor control and coordination issues. The severity varies from mild to severe, and lifelong therapy may be required.
• Brachial Plexus Injuries (Erb’s Palsy): Brachial plexus injuries occur when excessive force is used to pull the baby’s head and shoulders, often during a difficult delivery. It causes weakness or paralysis in the arm, which may improve over time or require surgery in severe cases.
• Fractures (Especially Clavicle Fractures): A fractured clavicle (collarbone) is a common birth injury, usually resulting from a difficult delivery, such as shoulder dystocia. It causes tenderness and limited arm movement but typically heals with time and care.
• Cephalohematoma: Cephalohematoma is the collection of blood between the baby’s skull and the periosteum, typically caused by pressure during delivery. It presents as a swelling on the head and generally resolves on its own within a few weeks.
• Caput Succedaneum: Caput succedaneum occurs when the soft tissues of the baby’s head swell due to pressure from passing through the birth canal. It typically resolves within a few days without any lasting effects.
• Facial Nerve Injuries: Facial nerve injuries can happen when pressure is applied to the baby’s face during delivery, especially with forceps. This may cause temporary facial weakness or drooping, usually recovering over time.
• Intracranial Hemorrhage (Brain Bleeding): Intracranial hemorrhages are rare but can occur when trauma or birth complications lead to bleeding in the baby’s brain. Depending on the severity, it can cause neurological problems and may require immediate medical intervention.
• Perinatal Asphyxia (Oxygen Deprivation): Perinatal asphyxia occurs when the baby is deprived of oxygen during labor, often due to issues like cord compression or placental problems. It can cause brain damage and respiratory issues if not addressed quickly.
• Spinal Cord Injuries: Spinal cord injuries are rare but can happen during a difficult or breech delivery when excessive force is used. The result may be sensory or motor deficits and, in severe cases, paralysis.
• Subconjunctival Hemorrhage: Subconjunctival hemorrhage happens when small blood vessels in the baby’s eyes burst during delivery, usually due to pressure. It causes a red patch on the eye that resolves naturally within a few weeks.

For families living in Ohio, understanding birth injuries is crucial in the search for explanations and accountability. If you suspect medical negligence contributed to your child's birth injury, consulting with a knowledgeable Cincinnati birth injury attorney can be an essential step in securing the justice and support your family needs.

Can I File a Birth Injury Lawsuit?

Your right to file a civil lawsuit over a birth injury you believe should have been avoided depends on the unique facts of your case. At The Becker Law Firm, we investigate potential claims to determine whether families may have grounds to pursue legal action.

Though there are different reasons to pursue birth injury lawsuits, they are generally filed over claims that treating medical professionals failed in some capacity to meet the “standard of care” applicable to the situation. In other words, we ask:

Did the medical provider, when treating the patient, fail to act as a reasonably skilled and trained medical provider would have acted under the same or similar circumstances?

If the provider failed to meet their duty of care, there may be a potential case. Because there are many nuances in the law that influence what the duty of care may be in any given situation, however, we encourage families to speak personally with our attorneys to fully vet their claims and explore their available options.

What Are Some Examples of Birth Injury Claims?

Birth injuries happen for many reasons. Some common claims brought in lawsuits include:

• Failures to properly monitor, identify, and respond to fetal distress (oxygen deprivation);
• Improper use of medications or labor-inducing drugs (i.e. Pitocin);
• Failure to perform C-section, delayed C-section;
• Failure to properly manage high-risk birth (i.e. gestational diabetes, infections, etc.);
• Failure to prevent, diagnose, or treat complications (i.e. placental abruption, oxygen deprivation, etc.); and
• Delivery trauma caused by improper use of forceps, vacuums, or applied force.

Who is Liable for a Birth Injury?

Liability for a birth injury typically depends on the circumstances surrounding the injury, the actions of healthcare providers, and whether there was any negligence or failure to meet accepted medical standards. Here are the potential parties who could be held liable:

• Obstetricians and Physicians: Obstetricians or physicians who manage the pregnancy and delivery are often the primary parties held accountable for birth injuries. If a doctor’s actions, such as improper handling of the baby, failure to monitor fetal distress, or mismanagement during labor, lead to an injury, they can be held liable for medical malpractice. For example, if a doctor improperly uses forceps during delivery or fails to respond to signs of fetal distress, and this causes a birth injury, they may be deemed negligent.
• Nurses and Midwives: Nurses and midwives who assist during delivery also have a duty of care. If their actions contribute to a birth injury, such as failing to monitor vital signs or not reporting concerning symptoms to the physician, they can share responsibility. For instance, if a nurse fails to properly assess fetal heart rate or neglects to follow up on abnormal signs, they might be held liable for negligence.
• Hospital or Medical Facility: Hospitals or medical facilities can be held liable if the injury results from issues related to the hospital's policies, equipment, or staff. For example, if inadequate training or equipment failure contributed to the injury, the hospital may be found negligent.
• Anesthesiologists: Anesthesiologists are responsible for administering anesthesia during labor and delivery. If they make a mistake, such as improperly administering anesthesia or failing to monitor the mother’s or baby’s response, leading to a birth injury, they could be held liable. For instance, if an epidural is administered incorrectly and causes complications that result in injury, the anesthesiologist may be held accountable.
• Labor and Delivery Assistants or Technicians: Assistants or technicians who help with equipment or positioning during the birth could also be liable if their actions contribute to an injury. For example, if an assistant mishandles medical instruments or provides incorrect information that affects the care provided, they could be deemed negligent.
• Pharmacists (If Medication is Involved): If a medication error, such as administering the wrong drug or dosage, contributes to a birth injury, the pharmacist or the medical team responsible for the prescription could be liable. For instance, if a medication administered to the mother during labor causes complications that lead to a birth injury, the pharmacist could be held accountable.
• Manufacturers (If Medical Equipment is Faulty): If a defective medical device or equipment contributes to a birth injury, the manufacturer of the device can be held liable. This is typically in the case of faulty medical equipment such as fetal monitors, forceps, or other tools. So, if faulty forceps used in delivery lead to a brachial plexus injury, the manufacturer of the forceps could be sued for a product defect.

Liability is determined based on whether the injury occurred due to a failure to follow standard medical procedures or guidelines, whether the healthcare provider acted negligently, and whether their actions directly caused the injury. In cases where multiple parties are involved, liability can be shared, or the parties may each be held responsible for their specific contributions to the injury.

What Compensation Can I Recover in a Birth Injury Lawsuit?

Birth injury claims provide families with the sense of justice and accountability they deserve, but they are also crucial to recovering financial compensation for damages they have incurred and are likely to incur in the future.

Recoverable damages in birth injury cases may include:

• Past and future pain and suffering
• Emotional suffering, grief, and mental anguish
• Medical bills
• Lost income and lost future earnings
• Future medical expenses

Why You Should Contact The Becker Law Firm

Choosing the right legal representation is a critical step for families coping with the aftermath of a birth injury. At The Becker Law Firm, LPA, we stand out as a trusted ally in these challenging times thanks to our unwavering dedication, vast experience, and proven results.

Some of Our Birth Injury Results Include:

• $25.5 million recovered for a family whose child suffered oxygen deprivation and brain damage when a hospital failed to follow emergency protocol. The case was previously turned down by another law firm, and The Becker Law Firm secured one of the largest malpractice judgments in Ohio history.
• $14.5 million recovered for the family of a baby who suffered severe brain damage resulting in cerebral palsy and cognitive deficits after physicians delayed an emergency C-section. The mother had a history of cesarean births and preterm labor.
• $8 million settlement with a hospital for failure to provide prophylactic antibiotics, resulting in extreme sepsis, hypovolemic shock, and infant brain damage.

Our attorneys utilize both legal and medical expertise, ensuring a comprehensive understanding of the intricacies in your case. With our history of verdicts and settlements, The Becker Law Firm is committed to pursuing maximum compensation and justice for each client.

If your child has suffered a birth injury, call our team at 216-621-3000, or contact us online, for a personalized consultation with our award-winning legal team!