Cincinnati Birth Injury Lawyer

Cincinnati Birth Injury Attorneys

The birth of a child is meant to be a joyful, life-changing experience. But when medical negligence or mistakes occur during pregnancy, labor, or delivery, the consequences can be devastating for families. If your child or a loved one has suffered a birth injury in Cincinnati, the experienced malpractice attorneys at Kisling, Nestico & Redick (KNR) are here to help.

Birth injuries can result in lifelong physical, cognitive, and emotional challenges for children and their families. For a free consultation with our Cincinnati birth injury lawyers, call (513) 221-0499 today.

Birth Injuries in Cincinnati

According to the CDC, birth injuries occur in approximately 6-8 out of every 1,000 live births in the U.S. Cincinnati’s hospitals, like Cincinnati Children’s Hospital Medical Center and UC Health, handle many complex pregnancies and deliveries, but mistakes can still happen. Whether due to improper use of medical tools, failure to monitor fetal distress, or delayed cesarean sections, birth injuries can leave newborns with long-term or permanent disabilities.

Types of Birth Injuries

Birth injuries range in severity, from minor temporary conditions to serious injuries that cause lifelong disability. Common birth injuries include:

Brachial Plexus Injuries (Erb’s Palsy)

Damage to the network of nerves controlling the shoulder, arm, and hand, often due to improper use of forceps or vacuum extractors during delivery. This can lead to weakness or paralysis in the affected arm.

Cerebral Palsy (CP)

A group of disorders that affect a child’s movement, muscle tone, and coordination. CP is often caused by oxygen deprivation or trauma during delivery, and its effects can range from mild to severe physical and cognitive impairments.

Hypoxic-Ischemic Encephalopathy (HIE)

Brain damage caused by a lack of oxygen and blood flow to the baby’s brain during childbirth. HIE can result in intellectual disabilities, seizures, and developmental delays.

Fractures

Fractures, especially of the clavicle, can happen during a difficult delivery, particularly if excessive force is applied while extracting the baby.

Spinal Cord Injuries

Improper handling of the infant during delivery can result in spinal cord damage, leading to paralysis or significant motor function issues.

Caput Succedaneum & Cephalohematoma

Swelling of the scalp or blood accumulation beneath the baby’s scalp, typically caused by pressure during birth, often from the use of forceps or vacuum extraction.

Oxygen Deprivation

Failure to monitor fetal distress or a delayed C-section can result in oxygen deprivation, which may lead to long-term brain damage or developmental disorders.

C-Section Related Birth Injuries

Doctors who don’t perform a Cesarian section when appropriate or push someone to have an unnecessary C-section can cause a significant injury. A C-section is an invasive procedure. For one patient, it can be lifesaving. For another, it increases the risk of infection, blood clots, and postpartum hemorrhage.

Other Pregnancy & Delivery Injuries

Parents can experience many serious complications during pregnancy, such as:

• Gestational diabetes
• High blood pressure
• Preeclampsia
• Hyperemesis gravidarum – extreme morning sickness
• Placenta previa
• Placenta abruption

These conditions can put the infant and parent’s lives at risk. While doctors can’t prevent these, they can fail to monitor a pregnancy, identify the condition, and treat it properly.

What Causes Birth Injuries?

Birth injuries can come about from difficult births – even those managed well by doctors and nurses. Other times, a medical provider’s carelessness is to blame.

• Improper use of forceps or vacuum extraction
• Failure to consistently monitor parent and child
• Failure to notice signs of distress in parent or child
• Failure to respond appropriately to signs of distress

Can I Sue a Doctor for a Birth Injury?

Many parents get angry when they realize their child was hurt during birth. We understand all the emotions and questions running through your mind.

This can lead you to file a lawsuit, which you can do in some instances; however, you must get legal advice from a birth injury lawyer in Cincinnati before making any decisions. Not all birth injuries are from medical negligence and may not create a legal claim.

When is a Birth Injury Medical Malpractice?

A birth injury may be medical malpractice when a health care provider’s conduct wasn’t reasonable.

When we review your case, we compare your provider’s actions to the standard of care. We work with a medical expert to determine what a reasonable nurse or doctor should’ve done under the circumstances.

Proving Medical Malpractice in Birth Injury Claims

It can be challenging to tell the difference between an unavoidable complication and medical negligence. Our Cincinnati birth injury attorneys will look for evidence of negligence. An impartial medical expert’s opinion can go a long way in proving you have a claim.

We’ll also work with you to collect proof of both you and your child’s injury. You have to show a doctor’s carelessness hurt someone to recover compensation.

Medical Malpractice in Ohio for Birth Injuries

Medical malpractice cases have specific rules in Ohio. The process includes enlisting the help of a medical expert and filing an Affidavit of Merit.

Also, bear in mind that you have one year to file a medical malpractice lawsuit. It’s best to talk with a Cincinnati birth injury lawyer right away if you suspect a nurse, doctor, or hospital was negligent.

The Legal Challenges of Cincinnati Birth Injury Cases

Medical malpractice cases involving birth injuries are often complex, requiring a deep understanding of medical standards and Ohio’s specific laws.

Some of the primary challenges families face when pursuing a birth injury claim include:

• Proving Negligence: To succeed in a birth injury claim, the plaintiff must prove that a healthcare provider failed to meet the accepted standard of care and that this negligence caused the injury. This requires testimony from expert medical witnesses, who can compare the healthcare provider’s actions to what a reasonably skilled provider would have done.
• Medical Records & Evidence: Collecting comprehensive medical records from Cincinnati-area hospitals and working with specialists to analyze the data is critical. KNR works with leading medical experts to demonstrate how errors or oversights led to the birth injury.
• The Affidavit of Merit: In Ohio, you are required to submit an Affidavit of Merit when filing a medical malpractice claim, including birth injuries. This affidavit, signed by a medical expert, verifies that your claim has merit and was not filed frivolously.
• The Statute of Limitations: You typically have one year from the date of the injury or the discovery of the injury to file a medical malpractice lawsuit in Ohio. However, determining the exact filing deadline in birth injury cases can be complicated. The law allows for exceptions, especially if the injury isn’t immediately apparent. KNR attorneys will ensure your claim is filed within the required time limits.

Compensation for a Birth Injury

If your child’s birth injury was caused by negligence, you may be entitled to compensation for:

• Past and future medical bills
• Out-of-pocket expenses
• Lost wages
• Pain and suffering
• Emotional distress
• Disability
• Disfigurement

Ohio Birth Injury Damage Caps

In Ohio, there are limitations on non-economic damages in medical malpractice cases, including birth injuries. You may recover up to three times the amount of economic damages or up to $250,000—whichever is greater. For catastrophic injuries, such as permanent disability, the cap increases to $500,000.

What To Do After a Birth Injury in Cincinnati

If you suspect your child suffered a birth injury due to medical malpractice, it’s essential to take the following steps:

• Seek Medical Care: Ensure your child receives immediate medical attention to assess the injury and get treatment.
• Collect Documentation: Gather all relevant medical records, including prenatal care, delivery notes, and follow-up care records.
• Consult a Birth Injury Attorney: Contact KNR to review your case, determine liability, and explore your legal options. Birth injury cases are time-sensitive, and early intervention by a lawyer can help preserve evidence.
• Focus on Your Child’s Care: Let your attorney handle the legal complexities while you focus on your child’s health and recovery.

Why Work with Our Cincinnati Birth Injury Lawyers

At Kisling, Nestico & Redick, our Cincinnati birth injury lawyers are committed to helping families navigate the legal complexities of birth injury claims. With over 500 years of combined legal experience and millions recovered across Ohio, we are well-equipped to handle your case.

Our legal team will:

• Investigate the Cause of the Injury: We will gather evidence, including medical records, expert testimony, and hospital protocols, to prove that your child’s injury resulted from medical negligence.
• Handle All Legal Aspects: We take care of filing the claim, communicating with insurance companies, and meeting all legal deadlines while you focus on your family.
• Work with Medical Experts: We consult with top medical specialists in Cincinnati and across Ohio to validate your claim and prove that the healthcare provider’s actions fell below the accepted standard of care.
• Fight for Maximum Compensation: Birth injuries can result in significant medical expenses, ongoing therapy, and long-term care needs. We will pursue the maximum compensation to cover your child’s past and future medical needs, pain and suffering, and other losses.
• Represent You in Court: If the healthcare provider or insurance company refuses to settle for a fair amount, KNR is prepared to take your case to trial.

Set Up Your Free Consult

Call a Cincinnati Birth Injury Lawyer

To learn more about filing a birth injury case in or near Cincinnati, call (513) 221-0499 or use our online form. KNR offers free, no-risk consultations, and you don’t pay us unless we win your case.