Watching your baby suffer a birth injury is an excruciatingly painful experience. It’s gut-wrenching to witness your child confused and in pain. Grappling with the consequences of a healthcare provider’s mistakes is enough to make you lose faith in humanity.
We are here to help.
At Crandall & Pera Law, we guide you and your family through this difficult time. Our dedicated Cincinnati birth injury lawyers examine all medical records related to your pregnancy and birth from top to bottom.
We join forces with healthcare professionals to ensure a thorough investigation to identify any medical negligence contributing to your child’s injury.
We show you the available legal options and which ones are best for you.
Why Choose Us as Your Cincinnati Birth Injury Lawyers?
The lawyer you choose to represent you in a medical malpractice claim can make or break the case. It’s the difference between securing your financial recovery and struggling with the consequences of the accident for the rest of your life.
Crandall & Pera Law, LLC. are reputable attorneys known for their empathy and commitment to birth injury victims. Our team of attorneys is ready and able to handle cases in Cincinnati and surrounding communities.
Learn more about our attorney and the recognition and accolades we’ve earned on our Attorney Q&A page.
Why We Stand Out: Our birth injury attorneys in Cincinnati have built a reputation on their client allegiance, refusing to settle for anything less than what you are entitled to.
Our track record of success highlights our commitment to the best verdicts for our clients.
When fighting for your future after a birth injury, you can trust Crandall & Pera Law to be there with you till the end.
We employ on-site registered nurses with skills in complex birth injury treatments. Understanding the complete scope of your injuries and assessing the preventive measures that could have averted them helps strengthen your case.
We contract their skills, talents, and knowledge to build a solid case and join forces with other medical professionals who can testify during the trial.
Our Legal Method: As previous insurance and healthcare defense attorneys, we have valuable insights into the opposing sides’ strategies and leverage them to your advantage.
Our approach begins with constructing persuasive arguments to bolster your case while simultaneously pinpointing vulnerabilities in the opposing party’s tactics.
We then meticulously select respected experts, including safety and medical professionals, to deliver impartial and expert testimony.
What Are the Most Common Birth Injuries?
Birth injuries encompass physical harm or trauma sustained by a newborn during birth or in the immediate aftermath. These injuries can stem from many sources, such as positioning during delivery, actions taken by healthcare providers, or pre-existing medical conditions.
The most common types of birth injuries include:
- Brachial Plexus Injury: BPI affects the nerves controlling the arm and hand muscles, typically caused by excessive pulling or pressure during delivery. It can lead to conditions like Erb’s palsy.
- Cerebral Palsy: A group of neurological disorders that can affect movement, muscle tone, and posture. Cerebral palsy may stem from oxygen deprivation to the baby’s brain during labor or birth.
- Fractures: Broken bones sometimes happen during delivery, especially to the collarbone or clavicle.
- Intracranial Hemorrhage: Bleeding within the baby’s brain, resulting from trauma during birth or the use of forceps or vacuum extraction.
- Facial Nerve Injury: Injury to the facial nerve during forceps or vacuum extraction, leading to facial weakness or paralysis.
- Hypoxic-Ischemic Encephalopathy (HIE): HIE is a brain injury caused by oxygen deprivation during labor and delivery, which can cause developmental and cognitive impairments.
- Perinatal Asphyxia: If the baby does not receive enough oxygen before, during, or after birth, it can cause organ damage or developmental issues.
- Shoulder Dystocia: When the baby’s head passes through the birth canal, but the shoulders become stuck behind the mother’s pelvic bone, increasing the risk of birth injuries.
- Infections: Babies can contract infections during birth, leading to health issues.
- Soft Tissue Injuries: Bruising, lacerations, or other injuries to the baby’s soft tissues can occur during birth.
Medical negligence isn’t the only cause of birth injuries. If errors, negligence, or substandard healthcare providers cause a birth injury, the affected families can seek compensation.
Consulting a medical malpractice attorney can show you if negligence contributed to your child’s birth injury.
What Are the Main Causes of Birth Injury?
Birth injuries happen for many reasons.
The leading causes include:
- Fetal Distress: If the baby experiences distress during labor, such as a drop in heart rate or other signs of oxygen deprivation, healthcare providers may need to intervene quickly. Failure to do so can lead to birth injuries.
- Use of Assisted Delivery Techniques: The use of forceps or vacuum extraction tools during delivery can increase the risk of birth injuries if not used correctly or if excessive force is applied.
- Difficult or Prolonged Labor: A long or challenging labor can increase the risk of birth injuries. Prolonged labor may result in oxygen deprivation or excessive pressure on the baby’s head or body.
- Abnormal Presentation: When the baby is not in the ideal head-down position, but breech or transverse positions instead, it increases the risk of birth injuries.
- Induction and Augmentation of Labor: Using medications to induce or accelerate labor carries a risk of complications and birth injuries if not carefully managed.
- Cephalopelvic Disproportion (CPD): When the baby’s head is too large in comparison to the mother’s pelvis, it can lead to an obstructed delivery, increasing the risk of injury.
- Maternal Health Conditions: Certain maternal health conditions, such as gestational diabetes or hypertension, can increase the risk of birth complications and injuries to the baby.
- Infections: In rare cases, infections contracted by the baby during pregnancy or delivery can lead to health issues and birth injuries.
- Medical Errors and Negligence: Medical mistakes, misdiagnoses, or substandard care by healthcare providers can directly cause or contribute to birth injuries. These errors can include incorrect medication administration, failure to monitor fetal distress, and inadequate response to complications. Multiple Births: Twins, triplets, or other multiple births are associated with a higher risk of birth injuries due to the complexity of the delivery.
- Cesarean Section (C-Section) Complications: OBGYNs typically perform C-sections to prevent birth injuries, but they can also result in injury to the baby if not performed correctly.
- Lack of Informed Consent: Failure to inform parents about the risks and benefits of specific medical interventions during childbirth can lead to unforeseen complications and injuries.
Childbirth is innately unpredictable, but when medical negligence or errors cause birth injuries, you can pursue compensation for the affected child.
Medical and legal professionals conclude the cause and suitable punishment for a birth injury.
What Compensation Can You Recover for a Birth Injury Case?
Compensation for birth injury cases varies depending on the specific circumstances of the case and the extent of the injury in Ohio.
Seek compensation through a medical malpractice claim if you can prove that the birth injury resulted from medical mistakes.
Some types of compensation that birth injury cases can cover include:
Economic Damages: These documented and quantified tangible financial losses include:
- Medical Expenses: Recompense for past, current, and future medical bills related to the birth injury. It could include surgeries, therapies, medications, and assistive devices.
- Rehabilitation Costs: Cost of physical therapy, occupational therapy, speech therapy, and other rehabilitative services.
- Lost Earnings: Compensation for your lost wages due to time away from work to care for the injured child or attend medical appointments.
- Future Earning Capacity: If the birth injury causes a permanent disability that affects the child’s ability to work in the future, compensation may be awarded for the loss of future earning potential.
- Special Education Costs: If the child requires specialized education or schooling due to their injury, the cost of such education may be covered by the birth injury claim.
Non-Economic Damages: Immaterial losses that don’t have a precise monetary value, such as:
- Pain and Suffering: Compensation for the physical and emotional pain and suffering experienced by the child and, in some cases, the parents.
- Loss of Enjoyment of Life: Compensation for the reduction in the child’s quality of life and ability to enjoy typical activities due to the birth injury.
- Punitive Damages: In rare cases where the healthcare provider’s conduct is particularly egregious or reckless, punitive damages may be awarded to punish the responsible party and deter similar conduct in the future.
Wrongful Death Damages: If a birth injury results in the death of the child, the parents or legal guardians may pursue wrongful death claims, seeking compensation for funeral and burial expenses, as well as the emotional and financial impact of losing a child.
Lifetime Care and Support: In cases of severe birth injuries that result in lifelong disabilities, compensation may be sought to cover the cost of ongoing medical care, personal care attendants, and support services.
Ohio has specific laws that govern medical malpractice claims, including those related to birth injuries. An experienced birth injury attorney can explain your rights, build a solid case, and pursue the appropriate compensation for your child’s birth injury.
Legal professionals can navigate the complex legal process and advocate for the injured child’s and their family’s best interests.
How Can a Birth Injury Lawyer Help You?
A birth injury lawyer plays a crucial role in helping families navigate the complex legal process when a child has suffered a birth injury.
Here’s how:
- Case Evaluation: A birth injury lawyer will assess the case details to determine if there are grounds for a medical malpractice claim. They will review medical records, consult with experts, and evaluate the extent of the injuries to establish liability.
- Legal Guidance: The attorney will provide direction and explanations of your legal rights and options. They will help you understand the strengths and weaknesses of your case and whether pursuing legal action is in your best interest.
- Gathering Evidence: Birth injury lawyers have experience collecting and preserving crucial evidence, including medical records, witness statements, professional opinions, and other documentation necessary to build a strong case.
- Identifying Responsible Parties: It may not be immediately apparent who is responsible for a birth injury. A lawyer can investigate and determine which healthcare providers or institutions may be liable for the negligence.
- Negotiating With Insurance Companies: Many birth injury cases involve insurance negotiations. An experienced lawyer can handle discussions with insurance adjusters and secure a fair settlement.
- Filing Legal Documents: Birth injury cases involve tons of legal paperwork, including court documents, which must adhere to strict deadlines. A lawyer will ensure that all necessary documents are properly prepared and filed.
- Trial Representation: If you can’t reach a fair settlement through negotiations, your attorney will represent your interests during a trial. They will present your case, cross-examine witnesses, and advocate for the compensation you deserve.
- Increasing Compensation: A birth injury lawyer will work diligently to secure the maximum compensation available for your child’s injuries, including pursuing damages for medical expenses, pain and suffering, lost future earnings, and more.
A birth injury lawyer provides the legal skill and support necessary to pursue a medical malpractice claim, seek compensation, and hold responsible parties accountable for their actions or negligence.
Call Our Cincinnati Birth Injury Attorneys Today
Hiring our Cincinnati personal injury attorneys can significantly improve your chances of obtaining fair compensation for injuries and losses after a birth injury. We can handle the legal complexities, allowing you to focus on your recovery while protecting your rights.
Call us at (513) 977-5581 for a free case evaluation.