Akron Birth Injury Lawyers | Kisling, Nestico & Redick
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When preparing to bring a new life into this world, it can be one of the most exciting and stressful times, with so many things to prepare for. Parents want their new family member to be safe and healthy, and most of the time, this happens relatively smoothly. However, when mistakes occur in the delivery room, happiness can quickly turn into shock and devastation.

Birth injury is usually a preventable health problem during labor, birth, or after giving birth. Parents trust doctors and medical staff to ensure that the infant is delivered as healthy as possible. Unfortunately, oversights do arise, resulting in birth injuries.

Akron medical malpractice lawyers at Kisling, Nestico & Redick have extensive experience in assisting Ohio families that have suffered malpractice. They can help secure compensation to provide services and care that your child needs at this time in the future.

Call us today at (330) 869-9007 or use our online contact form to schedule a free consultation.

Understanding Your Legal Rights After a Birth Injury in Ohio

Parents have the right to expect competent medical care during pregnancy and delivery. When a doctor, nurse, or hospital fails to act reasonably and that failure causes harm, it may constitute medical negligence under Ohio law.

To bring a successful birth injury claim, several elements must typically be established:

  • A doctor-patient relationship existed
  • The provider breached the accepted medical standard of care
  • That breach directly caused the birth injury
  • The injury resulted in measurable damage

Birth injury cases are complex medical malpractice claims. They often require expert medical testimony, detailed record analysis, and a thorough investigation into hospital procedures and decision-making during labor and delivery.

An experienced Akron birth injury attorney can evaluate whether negligence occurred and explain your options for moving forward. This clarity is essential for making informed personal injury decisions that protect your child’s future.

Common Birth Injuries

According to the National Healthcare Quality Report, 28,000 babies per year are born with a birth injury in the US. That is the equivalent of three per hour.

The most common preventable injuries are:

  • Brain Injury – which includes Cerebral Palsy
  • Brachial Palsy/ Erb’s Palsy – temporary or permanent nerve damage resulting in weakness or paralysis of the arm
  • Paralysis
  • Subdural hematoma – bleeding inside the brain area that compresses brain tissue
  • Fractures – which includes skull or clavicle
  • Shoulder Dystocia
  • Spinal Cord Damage
  • Soft tissue or organ injuries
  • Stillbirth

Common Causes of Preventable Childbirth Injuries

Medical negligence during labor and delivery may include:

  • Improper twisting or pulling of the infant
  • Incorrect use of forceps or vacuum extraction tools
  • Failure to monitor fetal heart rate or detect signs of distress
  • Failure to administer appropriate medication — or administering the wrong dosage
  • Delays in performing an emergency C-section
  • Failure to respond promptly to oxygen deprivation

These mistakes can result from inattention, fatigue, poor communication, understaffing, or lack of experience. Regardless of the reason, when a preventable error causes harm, families have the right to seek accountability.

The Long-Term Impact of Birth Injuries

Every birth injury is different. Some children may recover with therapy, while others require lifelong medical support.

For example:

  • Erb’s Palsy and shoulder dystocia injuries often require ongoing physical therapy.
  • Subdural hematomas may require immediate surgery.
  • Cerebral Palsy (CP) has no cure and can require lifelong care from neurologists, therapists, psychologists, educators, and support specialists.

The financial burden associated with long-term care can be overwhelming. Medical expenses may include surgeries, rehabilitation, adaptive equipment, in-home care, and specialized education services. Families must often plan for decades of medical support.

The Birth Injury Claims Process in Ohio

Understanding the legal process helps families make informed decisions about pursuing compensation.

In Ohio, birth injury claims typically involve:

1. Case Investigation

Your attorney gathers medical records, consults expert witnesses, and evaluates whether the standard of care was violated.

2. Filing the Medical Malpractice Lawsuit

Ohio law imposes strict time limits (statutes of limitations) on medical malpractice claims. Acting quickly helps preserve your rights.

3. Expert Review and Affidavit of Merit

Ohio requires an affidavit from a qualified medical expert attesting to the occurrence of negligence.

4. Negotiation or Trial

Many cases resolve through settlement negotiations. However, if necessary, your attorney must be prepared to present your case in court.

Because medical malpractice law is highly technical, working with a knowledgeable Akron birth injury lawyer is critical. These cases require an understanding of both complex medicine and Ohio malpractice statutes.

Pursuing Compensation for a Birth Injury in Akron

If your child suffered a birth injury due to medical negligence, you may have the right to file a birth injury claim and pursue compensation. These cases arise when a doctor, nurse, hospital, or other healthcare provider fails to follow the accepted standard of care during pregnancy, labor, or delivery.

Birth injuries can occur for many reasons — including failure to properly monitor fetal distress, delays in ordering a C-section, improper use of delivery tools, or even misreading imaging results. When preventable mistakes happen, families are often left facing overwhelming emotional and financial burdens. An experienced Akron birth injury lawyer can evaluate your case and help you understand your legal options.

Why Compensation Matters for Your Child’s Future

A preventable childbirth injury can lead to lifelong medical needs, specialized therapies, assistive equipment, and ongoing care. For many families, pursuing compensation is not just about accountability — it is about securing the resources necessary to provide the best possible future for their child.

At Kisling, Nestico & Redick, our Akron birth injury lawyers help families seek damages for:

We understand how devastating a birth injury can be. Our legal team has the experience and knowledge to guide you through every step of the legal process, protect your rights, and fight for the full compensation your family deserves.

Why Choosing the Right Akron Birth Injury Lawyer Matters

Medical malpractice cases are among the most complex personal injury claims. Hospitals and insurance companies aggressively defend these cases, often backed by large legal teams.

At Kisling, Nestico & Redick, we:

  • Conduct thorough investigations
  • Work with qualified medical experts
  • Handle negotiations with insurance carriers
  • Prepare every case as if it may go to trial

We help families understand their rights, explain the nuances of medical negligence, and guide them through each stage of the claims process. Our goal is to give you the information and support you need to make confident legal decisions during an incredibly difficult time.

Frequently Asked Questions About Akron Birth Injury Claims

How do I know if my child’s birth injury was caused by medical negligence?

Not every birth complication is the result of malpractice. However, if your child’s injury occurred after delayed medical intervention, improper use of delivery tools, failure to monitor fetal distress, or a delayed C-section, negligence may have played a role. An experienced Akron birth injury lawyer can review your medical records, consult qualified experts, and determine whether the standard of care was violated.

How long do I have to file a birth injury lawsuit in Ohio?

Ohio has strict statutes of limitations for medical malpractice cases. In many situations, families have one year from the date the injury was discovered (or reasonably should have been discovered) to file a claim. However, cases involving minors may involve different deadlines. Because these time limits can be complex, it is important to speak with an Akron birth injury attorney as soon as possible to protect your rights.

What compensation is available in an Ohio birth injury case?

Compensation in a birth injury claim may include:

  • Past and future medical expenses
  • Physical therapy and rehabilitation costs
  • Long-term care and support services
  • Assistive equipment and home modifications
  • Pain and suffering
  • Emotional distress
  • Loss of future earning capacity

The value of a claim depends on the severity of the injury and the projected lifetime needs of the child. A knowledgeable Akron birth injury lawyer can calculate the full scope of damages to pursue fair compensation.

Do I need medical experts to prove a birth injury claim?

Yes. Ohio law generally requires an affidavit of merit from a qualified medical expert when filing a medical malpractice lawsuit. Expert testimony is essential to establish that the healthcare provider failed to meet the accepted standard of care and that this failure caused the injury. Your attorney will coordinate with medical professionals to build a strong case.

How much does it cost to hire an Akron birth injury lawyer?

Most birth injury lawyers, including Kisling, Nestico & Redick, handle these cases on a contingency fee basis. This means you pay no upfront legal fees. Your attorney only receives payment if compensation is successfully recovered on your behalf. Initial consultations are typically free.

Speak to Our Akron Birth Injury Lawyers Today

Our experienced legal team at Kisling, Nestico & Redick can help you seek compensation for a variety of cases, including birth injuries. We have 11 locations throughout Ohio, covering extensive ground and including all regions and cities in the state. In addition to childbirth injuries, our diverse team of attorneys has skills in numerous other legal areas, including wrongful deaths, truck accidents, work injuries, and motorcycle accidents.

If you have any questions regarding birth injuries, call our Akron injury lawyers at (330) 869-9007 or contact us via our online contact form to schedule a free initial consultation with an experienced Ohio birth injury attorney.