Preventable birth injuries can come with profound consequences, both for babies and their families. When injuries result from negligence before, during, or shortly after childbirth, victims may have the right to seek compensation for their harm and losses by filing civil claims to hold at-fault medical providers accountable.
Even for those with grounds for legal action, birth injury lawsuits can be incredibly complex and costly and prone to aggressive dispute by defendants. Given the challenges, they demand the attention for proven attorneys.
Why Choose The Becker Law Firm?
- Nationally recognized birth trauma trial lawyers with over 100 years’ of combined experience
- Record for the largest personal injury settlement for a single plaintiff in Ohio history
- Over $600 Million in compensation was recovered from clients
- Multiple eight-figure settlements for birth injury plaintiffs
- Attorneys who are Registered Nurses are able to draw from their medical expertise
- Verdicts in birth trauma cases throughout Ohio, including hundreds of millions in obstetrical cases that other Ohio attorneys turned down
- Have successfully represented children across the country, from Maine to Hawaii
The Becker Law Firm, LPA, was founded by Attorney Michael (Mike) Becker, a Certified Trial Lawyer by the National Board of Trial Advocacy (NBTA) and a member of the Inner Circle of Advocates, a prestigious invite-only organization comprised of the top 100 plaintiffs’ trial attorneys. He and Partner Romney Cullers, also an NBTA Certified Civil Trial Specialist, helm our team of passionate and client-focused attorneys.
We’ve been trusted by families and fellow lawyers in matters involving medical negligence and birth injury lawsuits, and we are available to discuss your case during a free consultation. Contact our Columbus birth injury attorney today.
How Do I Know If I Have a Birth Injury Case?
That will depend on the facts involved. Birth injury lawsuits, like medical malpractice cases in general, are highly fact-specific. They require detailed investigations into the surrounding circumstances of a birth-related injury and a knowledgeable assessment of whether attending medical providers – be they obstetricians, nurses, or others – failed in some capacity to meet the relevant standard of care.
Though a personalized review of your case is essential to determining whether you may have grounds to pursue a lawsuit, there are some general elements all birth injury cases must satisfy:
- Duty: A doctor-patient relationship existed, which means the provider overseeing your care had a legal duty to meet the accepted standards of their profession;
- Breach of Duty: The medical provider failed to meet the duty of care as a result of negligence (i.e., they failed to act as a reasonably skilled provider would have acted under the same or similar circumstances);
- Causation: The provider’s negligence more likely than not resulted in preventable injuries (either to you, your child, or both mother and child) and
- Damages: You suffered damages as a result.
Common Examples of Birth Injury Claims
Birth injury claims can vary, but they all involve some allegation of substandard care. Examples may include:
- Cerebral palsy resulting from failures to monitor fetal distress
- Brain damage and developmental delay caused by preventable birth asphyxia
- Injuries resulting from failures to perform a C-section or delayed C-sections
- Cranial compression/brain injury caused by improper use of labor-inducing drugs
- Trauma caused by improper use of forceps or vacuum extractors
- Injuries resulting from prenatal care negligence.
Proving negligence in a birth injury case can be a difficult task, and one that requires the insight of medical experts. At The Becker Law Firm, our team of attorneys includes registered nurses with experience in the medical field and obstetrics. We leverage their medical insight to address the technical components of these claims.
How Much is My Birth Injury Case Worth?
Again, that depends entirely on the unique facts of your case. When successful with their claims, birth injury victims are entitled to financial compensation for resulting damages. That includes both the damages they’ve incurred up to the point of resolving their claim and any damages that can reasonably be expected in the future.
Recoverable damages in birth injury cases include:
- Medical expenses
- Costs for future medical needs, therapy, assistive living care, etc.
- Pain and suffering
- Emotional anguish
- Lost quality of life
- Lost income or wages
Our team works closely with experts to assess, and project future needs and calculate what we believe to be fair sums that account for all our clients’ past and future damages.
What is the Statute of Limitations for a Birth Injury Claim in Ohio?
In Ohio, there is a limited amount of time to file a birth injury claim. The statute of limitations for medical malpractice, which includes birth injury cases, is typically one year from the injury date or when the injury was discovered or reasonably should have been discovered. However, Ohio law includes specific provisions that may extend this time frame for birth injury cases involving minors.
If the injury affects a child, parents have until the child’s 19th birthday to file a claim on behalf of the child. However, taking action as early as possible is critical to preserve evidence and protect your legal rights. Medical records, witness testimonies, and other crucial evidence can become harder to acquire as time passes, possibly weakening your case.
Additionally, birth injury cases involving medical malpractice require the filing of a certificate of merit. This document states that a medical expert has examined the case and believes there is a basis for the lawsuit. Given these requirements, it is critical to work with our Columbus birth injury attorney, who understands the intricacies of Ohio’s legal system.
