Cleveland birth injury lawyers

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Cleveland Birth Injury Lawyer

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Compassionate representation when families suffer from a birth injury in Cleveland

Having a baby should be a joyous occasion for families. But when complications arise during pregnancy, labor, or delivery, the consequences can be heartbreaking. If your baby suffered from a birth injury, you deserve answers. At Crandall & Pera Law, LLC, our team combines legal experience with medical insight to help Cleveland families understand whether a preventable mistake caused their child’s injury.

Our in-house registered nurses review delivery records before we ever evaluate the legal merits of your case. That means you get informed, medically grounded answers from the very beginning. Contact us today for a free consultation.

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Injury Attorneys at Crandall & Pera Law

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Why Cleveland families choose Crandall & Pera Law, LLC for birth injury cases

The legal team at Crandall & Pera Law, LLC is uniquely qualified in Cleveland birth injury cases. We’re not a general personal injury firm approaching birth injury cases from the outside. We investigate these cases from the inside – starting with the medical evidence. Our in-house registered nurses review medical records, including delivery records, nursing notes, and fetal monitoring strips. We also have strong working relationships with leading experts in obstetrics, neonatology, and pediatric neurology.

We have over 50 years of combined experience handling complex cases, including those involving medical malpractice. Our lawyers have a proven, successful track record, including a $4.65 million settlement on the eve of trial for a family whose baby suffered a birth injury at Cincinnati Hospital.

Crandall & Pera Law, LLC has received over 250 five-star client reviews reflecting consistent client satisfaction. Reach out today. We’re here to help you.

Birth injury vs. birth defect: understanding the difference

When families discover that their child has a birth injury, many are unsure whether their child’s condition was preventable. Determining this comes down to whether the baby suffered a birth defect or a birth injury.

  • Birth defects are differences in the way your child’s body develops. There are several types of birth defects, including genetic or environmental factors, and they can affect any part of your child’s body. Birth defects typically develop during pregnancy and are often not caused by medical negligence, although in some cases, medical errors may contribute.
  • Birth injuries, also known as neonatal birth trauma, are injuries that happen to a baby during birth and can be linked to preventable medical errors. Examples include scalp injuries, bone fractures, eye injuries, bleeding inside the skull, nerve damage, or brain injuries.

If you are unsure if your baby suffered a birth defect or a birth injury, a consultation with an experienced birth defect lawyer can help determine whether negligence may have played a role.

Common types of birth injuries we handle in Cleveland

Birth injuries can range from temporary conditions to lifelong disabilities. At Crandall & Pera Law, LLC, we handle a wide range of cases, including:

  • Cerebral palsy: Caused by damage that occurs to the developing brain, most often before birth. Symptoms typically appear during infancy or preschool years and vary from mild to serious.
  • Erb’s palsy and Klumpke’s palsy: Both stem from injuries during delivery. They involve different parts of the brachial plexus and result in distinct patterns of weakness in the arm and hand.
  • Hypoxic-ischemic encephalopathy (HIE): A type of brain damage caused by reduced oxygen or blood flow.
  • Shoulder dystocia: Occurs when one or more of your baby’s shoulders get stuck during delivery.
  • Cephalohematoma: Bleeding under the scalp, sometimes linked to improper delivery techniques.
  • Facial nerve injuries: Can result from pressure or improper instrument use and cause weakness or loss of movement on one or both sides of the face.
  • Skull fractures: Often associated with forceps or vacuum extraction errors.
  • Caput succedaneum: Swelling of the scalp due to prolonged labor. For some infants, their head looks cone-shaped.
  • Fetal sepsis: Serious infection that may result from failure to diagnose maternal infection.
  • Stillbirth or wrongful death: Tragically, stillbirth and wrongful death can result from preventable medical errors.
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What causes preventable birth injuries? Medical negligence in the delivery room

Medical professionals owe patients a reasonable standard of care. However, sometimes, mistakes happen during labor and delivery. Common causes of birth injuries include:

  • Failure to monitor fetal distress or misinterpret fetal heart rate data
  • Delayed or failed C-section decisions
  • Improper use of forceps or vacuum extractors
  • Failure to diagnose or treat maternal infections such as Group B Strep (GBS)
  • Medication errors, including improper use of Pitocin
  • Failure to recognize umbilical cord complications
  • Premature discharge of mother or baby
  • Inadequate staffing or supervision during delivery

These examples are not just complications. In some cases, these preventable medical errors may lead to birth injuries that leave infants with lifelong complications and families struggling to afford the cost of care and accommodations to provide the best life possible for their child.

Serious vs. minor birth injuries – knowing when negligence is involved

Some birth injuries are caused by negligence. Others are not. Acknowledging this distinction is important when determining if you have a birth injury claim in Cleveland. If you're unsure whether or not your child's birth injury was preventable, reach out to Crandall & Pera Law, LLC today. We can help.

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Minor birth injuries

Minor birth injuries typically resolve on their own or with little treatment. These may include:

  • Mild bruising or swelling from the delivery
  • Caput succedaneum, which may give your baby a temporary cone-shaped head
  • Nerve compression that improves within days or weeks

Minor birth injuries are relatively common when a woman has a long or demanding delivery. The existence of a minor birth injury does not necessarily indicate a medical mistake.

Serious birth injuries

Serious birth injuries, on the other hand, involve permanent or long-term harm and may have resulted from medical negligence. Examples include:

  • Brain injuries caused by oxygen deprivation, such as hypoxic-ischemic encephalopathy (HIE)
  • Nerve damage, including Erb’s palsy
  • Skull fractures or internal bleeding
  • Conditions resulting in lifelong disability or developmental delays

A serious birth injury alone does not mean malpractice occurred. However, when a preventable error contributes to a serious injury, families may have grounds for a claim.

What compensation can Cleveland birth injury families recover?

In a birth injury case, you might be eligible to recover for long-term costs. Compensation may include economic and non-economic damages.

Pursuant to ORC 2323.43, Ohio does not cap economic damages, which often make up the largest portion of birth injury cases. Non-economic damages are capped, typically at $250,000 or three times economic damages (up to $350,000 per plaintiff), with higher limits for catastrophic injuries.

Economic damages may include:

  • Past and future medical care
  • Specialized equipment such as wheelchairs or communication devices
  • Therapy and special education services
  • Loss of future earning capacity
  • Pain and suffering

Non-economic may include:

  • Emotional distress
  • Loss of parental consortium

Crandall & Pera Law, LLC has secured substantial results in birth injury cases, including multiple multi-million dollar settlements. While past results can't guarantee future outcomes, we’re proud of our track record and the outcomes we’ve achieved for our past clients.

How Crandall & Pera Law, LLC investigates and builds a birth injury case

At Crandall & Pera Law, LLC, we know that birth injuries are devastating. We want to help caregivers throughout the legal process so they can focus on caring for their child. In every case, we typically take the following steps:

  • Initial intake: We listen to your story.
  • Early investigation: We collect all medical records pertaining to the pregnancy, labor, and delivery.
  • We consult with in-house registered nurses and experts: In-house registered nurses review medical records. We also consult with OB-GYNs, neonatologists, and pediatric neurologists. Relying on this medical experience can help us establish the applicable standard of care and identify where that standard was breached.
  • We collaborate with life-care planners: We consult with experts to determine life-long expenses.
  • We negotiate with insurers: Insurers may try to resolve claims quickly and for less than they are worth. We help by preparing for trial from the start so that we can negotiate from the strongest possible position.
  • We offer free consultations and contingency fees: We recover no fees unless we reach a successful resolution in your claim. If you have questions about how our contingency fee system works, schedule your free case evaluation.

Cleveland hospitals where birth injuries occur

At Crandall & Pera Law, LLC, we handle birth injury cases involving hospitals and medical centers in and around Cleveland. Hospitals where injuries may occur include:

Birth injury cases involving large hospital systems are often complex. No matter where your child was delivered, you deserve to know whether the injury could, and should, have been prevented.

Frequently asked questions about Cleveland birth injury claims

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

To determine if your child suffered a preventable birth injury, you’ll need a detailed review of medical records – especially fetal monitoring data. At Crandall & Pera Law, LLC, our in-house registered nurses review these records before we ever evaluate the legal merits of your case. This helps us identify any potential red flags.

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

Pursuant to ORC 2305.113, you generally have one year from the date the accident was discovered, or should have been discovered, to file a medical malpractice lawsuit. This is subject to certain exceptions and a four-year statute of repose.

Missing a deadline can prevent you from recovering compensation entirely, which is why it’s important to speak with an experienced birth injury attorney as soon as possible in order to start your claim.

What is my birth injury case worth?

There's no set value on a Cleveland birth injury claim. The most important factor is the severity of the injury and the level of care your child will need over time. In serious cases involving conditions like cerebral palsy or brain injury, the total cost of care over a lifetime can be expensive. A careful evaluation early on helps ensure that any claim reflects the full scope of what your child will need right now and for the years to come.

What if the hospital denies responsibility?

A hospital might deny responsibility. An experienced birth injury lawyer will build a strong case that relies on expert medical analysis and evidence.

What does “no fee unless we win” mean?

You will not be charged for anything until we recover compensation on your behalf. You pay nothing upfront. Fees are only collected if compensation is recovered.

Will I have to go to court?

Possibly. Many cases settle, but some proceed to trial depending on the circumstances. Throughout the entire legal process, your legal team can guide you step by step, explaining your options and preparing you for what to expect.

Do you have a Cleveland birth injury lawyer near me?

At Crandall & Pera Law, LLC, we understand that birth injuries force families to face devastating and unexpected emotional, financial, and practical struggles. We're here to help. We never stop fighting on behalf of our clients. Talk to us today to put over 50 years of experience on your side. To learn more or to schedule a free consultation, please call us now or fill out our contact form.

Call our Ohio birth injury attorneys for a free case consultation

Our Cleveland office is located at 850 Euclid Ave #1122, but we also have offices throughout Ohio and Kentucky. We’re happy to meet clients in person or, if you prefer, we can also meet you online via video conference. Our team is here to answer your questions, explain your options, and help you understand the next steps forward.