On This Page
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:
- Current and future medical expenses
- Rehabilitation and therapy costs
- Long-term care and support services
- Pain and suffering
- Emotional distress
- Loss of future earning capacity
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.
