Seeking Justice For Birth Injury Victims And Their Families In Ohio
Has your child been diagnosed with cerebral palsy, Erb’s palsy, shoulder dystocia, some form of brain damage or any other type of birth defect?
Do you believe that it was the result of a birth injury and medical malpractice.
You may be able to take action and recover compensation with the help of the law firm of Gregory S. Young Co., LPA. Our Cincinnati birth injury lawyers have been standing up for families like yours since 1958.
Compensation For A Lifetime’s Worth Of Care
Most of the birth injury cases we handle involve children who have suffered such serious brain damage or injuries that they will need a lifetime’s worth of care. Our goal is to make certain that the compensation you receive covers all of that care. This is critical to giving your child the best possible life, despite the injuries suffered at the hands of a negligent doctor.
What Caused The Birth Injury?
While compensation is important, you also want to know why this happened. Our attorneys will conduct a thorough investigation to get the answers you need, answers that will be necessary to building a strong and successful case.
In order for a birth injury claim to be successful, we must find evidence that the doctor did something different than any other medical professional would have done. Perhaps the doctor did not conduct standard tests to recognize fetal distress. Perhaps the tests were conducted, but the doctor failed to take the appropriate actions to prevent the birth injury. These cases often involve doctors failing to perform a C-section when indicated by test results. We work hard to make certain doctors in Ohio and northern Kentucky are held accountable when they cause harm to newborns.
Birth Injury FAQs
Here are some of the most common questions we get about birth injury cases in Ohio:
What constitutes a birth injury legal case?
A birth injury legal case involves pursuing compensation for harm or injuries sustained by a newborn or mother during childbirth due to medical negligence. A birth injury may also constitute injuries that occur shortly after childbirth due to negligent postnatal care of the mother or newborn. Fractures, brain bleeds, Erb’s palsy, cerebral palsy, perinatal asphyxia, prolapsed uteruses, spinal cord injuries, emergency hysterectomies and death are among the possibilities for a birth injury case.
What are the elements that must be proven in a birth injury case?
In a birth injury case, the elements that must be proven typically include establishing the health care professional’s duty of care to the mother or child, a breach of that duty through a failure in the applicable standard of care that should have taken place, a clear connection (causation) between the breach and injury, and the resulting harm to the mother or child.
How can I prove that the medical professional breached their duty in a birth injury case?
Proving a medical professional breached their duty in a birth injury case will involve presenting evidence such as medical records, witness testimony, expert evaluations and more. It is a long, complicated process that starts with a thorough investigation into the events before, during and after the birth.
How can I show that my child’s injuries were a direct result of the medical professional’s negligence?
To show that your child’s injuries resulted from medical negligence, evidence linking the professional’s actions (or omissions) to the harm your child suffered is crucial. Expert opinions from other medical professionals will be crucial. An experienced birth injury attorney has access to the kinds of experts that you need in such cases.
What types of damages can be claimed in an Ohio birth injury case?
Damages claimed in an Ohio birth injury case may include medical expenses related to the injuries, rehabilitation costs, pain and suffering, loss of earning capacity and other related financial losses. One of the biggest challenges is anticipating future expenses related to the child’s long-term care or the mother’s future needs. Without attorney guidance, it can be impossible to know the value of a birth injury claim.
How much compensation can I expect to receive from a birth injury claim?
The compensation amount in a birth injury claim varies based on factors like the severity of injuries, the long-term consequences and the economic losses suffered by the child, mother, and family. Every case has to be evaluated on its own merits. The more severe the injury, the higher the compensation may be.
What is the deadline to file a birth injury claim in Ohio?
In Ohio, the deadline to file a birth injury claim is subject to the statute of limitations for medical malpractice claims, which is one year from the date of injury or the date the injury was discovered. However, you do not want to wait very long to explore the possibility, since prompt action by an attorney can help preserve critical evidence and build a stronger case.
How does a contingency fee basis work in a birth injury case?
Most personal injury attorneys take claims on a contingency fee basis, including birth injury claims, including the lawyers here at Gregory S. Young Co., LPA. That means that you pay nothing unless your lawyer successfully recovers compensation for you, either through negotiations or at trial. Then you pay an agreed-upon percentage of your award to the attorney as their fee. This not only makes it possible for everyone to afford quality legal representation after a birth injury, but it also reassures you that your attorney will give your case the dedicated attention it deserves.
Further Reading
Get Answers To Your Questions
If your child has been diagnosed with cerebral palsy or another birth injury, our lawyers are here for you.
We invite you to call 513-838-4562 in Cincinnati, 888-469-6437 in Dayton or Kentucky or email our law firm for an evaluation of your claim.
