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