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There is nothing more important to you than the well-being of your family, which is why we trust our doctors and medical professionals to take proper steps in order to prevent unnecessary harm from being inflicted on us and our children. Birth injuries, regardless of the steps taken, can still occur. Every birth injury is unique, and both the mother or newborn can be seriously injured so it’s important to act without delay if your child sustains a birth injury. Your case can be complex and you may be uncertain as to what steps you need to take to seek compensation. Our Toledo birth injury lawyers have years of experience investigated medical malpractice incidents and recovering damages for the victims. We know how to help your family through every step of the recovery process.
Contact Kisling, Nestico & Redick to speak with a lawyer about your options after a birth injury. We have helped many victims of medical malpractice throughout Ohio. Contact us in Toledo today at (419) 324-8205.
Common Birth Injuries That Affect Newborns
Doctors and nurses must take many steps in order to prevent an accident that causes harm during your pregnancy or the birth of your child. This includes your OB-GYN, supporting hospital staff, and pharmacists attending to your prescriptions. Injuries on a newborn can come in many different forms, and sometimes they are not noticeable for an extended period of time after birth. The only way to make sure your family received the appropriate compensation is for your lawyer to work closely with medical professionals to understand the complete scope of the physical damage done.
Our attorneys have represented many clients who have a loved one harmed in a birth accident. Some of the most common injuries that we have seen include:
- Shoulder Dystocia – Damage can be inflicted on a newborn’s shoulder if it gets stuck in their mother’s birth canal.
- Erb’s Palsy – Nerve damage to the shoulder or upper arms can happen if medical professionals use excessive force to pull or stretch a newborn.
- Brachial Palsy – Similar to Erb’s Palsy, this is nerve damage that occurs in the newborn’s arms below the shoulder. This can cause difficulty for a child to develop normal use of the arm.
- Cerebral Palsy – Brain damage to your child during birth can result in long lasting or even permanent movement disorders defined by poor coordination, weak muscles, and tremors.
- Subdural hematoma – A head injury to a newborn can result in blood accumulating outside of the brain. The bleeding and pressure put on the brain can cause permanent damage and even become life-threatening.
- Birth Infections – Infants are more likely to suffer from an infection if facilities are unsafe or unclean, and this is particularly true for premature births.
- Birth Asphyxia – A newborn deprived of oxygen during or immediately after birth can suffer from serious physical damage.
- Gestational Diabetes Errors – Doctors must identify gestational diabetes without delay or else a newborn can suffer from macrosomia which can cause birth canal injuries and harm to the mother.
Birth Injuries Caused by Medical Staff Are Common in Toledo
Hospitals in northwest Ohio with the most deliveries include Mercy Children’s Hospital and ProMedica Toledo Children’s Hospital in Toledo. While most deliveries occur without doctor error, the Centers for Disease Control reports that there has been a growing trend in birth injuries over the last two decades. Approximately seven out of 1,000 births experience a preventable birth injury. However, this statistic only includes known reported cases. Many issues of medical malpractice go unreported. This is in part due to the fact that victims are not fully aware of their injuries, or they do not have any way of knowing the extent of the damage they sustained.
Doctors and medical staff must make sure that all reasonable steps are taken to protect a mother and newborn before, during, and after delivery. Unfortunately, this is not always the case, and some of the common causes of birth injuries are:
- Failure by doctors and nurses to properly identify fetal distress
- Improper use of a delivery vacuum
- Overly forceful use of forceps meant to aid in the delivery
- Child being accidentally deprived of oxygen during delivery
- Failure to require an emergency cesarean section
- Negligent prescription of powerful drugs
- Failure of medical professionals to properly communicate before or during delivery
How a Lawyer Can Help You After a Birth Injury
Birth injuries require proper medical assistance without delay. However, things can be very complicated, and your doctor or medical staff may be concerned about their liability to pay damages. Your case can be complicated and you cannot wait for your family to receive help. It’s important to have a skilled lawyer who is experienced in medical malpractice cases that involve birth accidents. Our Toledo birth injuries lawyers will do the following as we represent your family in a medical negligence case:
- Seek proper medical attention – You cannot wait for medical help to address the damage done in a birth injury. Your lawyer must be ready to assist you in receiving the medical assistance you need.
- Investigate your accident – Medical malpractice cases are highly complex and have a lot of relevant evidence. Your lawyer must be knowledgeable in this field.
- Consult with medical experts – Your medical malpractice case needs expert testimony supporting your claim.
- File an Affidavit of Merit – Ohio’s civil procedure rules require a claim for medical negligence to be accompanied by a testimony from a medical expert under oath. The expert is to provide their opinion about the necessary standard of care in your case and how the medical professionals involved may have failed to uphold it.
- Negotiate for damages – Your case can be aggressively fought by the doctors, hospitals, and their insurance providers. Our lawyers have negotiated for financial settlements on behalf of many injured clients.
- Win in court – You need a lawyer who is willing to take your case to trial if the other parties do not offer an acceptable financial settlement. Having legal counsel with court experience will encourage the other side to settle quickly before being taken to trial.
The Statute of Limitations for Birth Injury Cases in Ohio
Ohio’s statute of limitations will affect your case for damages after a birth injury impacts you and your family. It states that you have one year to file a claim for damages after a medical error occurred. This narrow window to act is meant to protect doctors, hospitals, and the medical industry as a whole. Given the complexity of these cases, you must contact a skilled birth injury lawyer without delay. Your case will require extensive investigations, hearings, and consultations with experts. A knowledgeable Ohio medical malpractice lawyer will understand how the statute of limitations applies to you. For example, there are numerous exceptions to the one-year limit to file a claim. Two of the most common exceptions that apply to birth injury cases are:
- The injury was not noticeable – If it was not possible to notice the injury, you can wait up to one year after it becomes apparent. However, no claim can be made after four years has passed since the medical error.
- Providing formal notice – Providing formal notice to the defendant allows for you to have the one-year deadline extended by six months. This can give you and your lawyer more time to build a strong case before filing.
Contact Kisling, Nestico, & Redick After Suffering a Birth Injury
Birth injuries can greatly impact your child’s life. It’s important to act quickly in order to recover compensation and help your family move forward. However, these cases are complex and it’s understandable for anyone to be uncertain about what to do. Our Toledo birth injury lawyers have helped many victims who find themselves in this position. We know how to gather and review all relevant evidence and determine exactly who owes you damages. Building a strong case can take time, and we encourage you to contact our office as soon as possible.
The legal team at Kisling, Nestico & Redick has represented many medical malpractice victims throughout Ohio. Contact us to speak with a knowledgeable and compassionate personal injury lawyer in Toledo. Contact us today at (419) 324-8205.