Dayton Birth Injury Lawyer

The birth of a child should be an exciting and memorable time full of joy and love. However, when a nurse, doctor, or other staff member makes a mistake, horrific injuries and even death can occur for both the mother and the infant. If you or your baby has suffered trauma or injuries during birth at any local area hospitals, such as Miami Valley Hospital or Kettering Health–Main Campus, an experienced Dayton birth injury lawyer can help your family seek justice.

When you or your child suffers a birth injury, it can leave your entire family feeling overwhelmed, hopeless, and uncertain of what needs to happen next. Doctors and nurses undergo rigorous training and education and should know how to deliver a baby safely. When they fail to do so and betray your trust, you and your child suffer, and the impacts can last for the rest of your child’s life. Seek the compensation you deserve with Spangenberg Shibley & Liber.

Parents Trust Spangenberg Shibley & Liber: Over 80 years of Legal Experience

For over 80 years, the team at Spangenberg Shibley & Liber has been protecting the rights of parents and injured children across Dayton and the entire state of Ohio. We understand that your suffering or the suffering of your child is due directly to the actions of certain medical professionals, and we are here to hold those professionals accountable for their negligence. At our firm, we are dedicated to helping parents advocate for their children and seek justice.

At Spangenberg Shibley & Liber, we are proud to say we have secured 25% of all seven-figure verdicts that have been handed down by the Ohio court system in the last two years. While past results cannot guarantee a future outcome, we are here to put forth a certain level of legal excellence and advocacy in every case that walks through our office doors. With our attorneys, you aren’t just a case number, but a family that deserves care, respect, and justice alike.

In a recent settlement regarding a birth injury case, we were able to obtain for our client $3 million. Over the years, we have also secured $70 million for the wrongful death of a child due to childcare negligence and $4.5 million in a medical malpractice case for the wrongful death of a pregnant woman who died due to thiamine deficiency because of severe vomiting that was taking place. * Now we are ready to turn our attention to you.

Understanding Birth Injuries in Dayton

Ohio sees a birth rate of 56.4 per 1,000 female residents ages 15 to 44 every year. While a majority of these births are successful, with little to no major complications, the infant mortality rate of the state is 7.1 per 1,000 live births.

Birth injuries occur when a baby or an expecting mother suffers harm before, during, or in the immediate aftermath of delivery. This harm is typically sustained due to a range of medical errors or negligence acted on by doctors and other healthcare professionals. Unlike a birth defect that is typically rooted in an environmental or genetic factor, birth injuries are often preventable with proper and correct care.

In Dayton, the most common birth injuries we have seen at Spangenberg Shibley & Liber include the following:

• Cerebral palsy. This injury can occur as a result of a lack of oxygen to the infant’s brain during labor and delivery.
• Hypoxic-ischemic encephalopathy. This condition happens when the infant’s brain does not get the oxygen and blood it needs during the delivery process.
• Brachial plexus injuries. These are specific injuries to the nerves in the baby’s shoulder when the shoulder is stretched or torn during delivery. One of the most common forms of these injuries is known as Erb’s palsy and can affect movement in the arm.
• Facial nerve injuries. When there is an extreme amount of pressure placed on the baby’s face during delivery, it can cause nerve damage, which can lead to possible paralysis or weakness in the face.
• Delayed cesarean section. When certain issues arise during labor and delivery, a C-section may become necessary to save the life of the mother and/or the baby. When a delay occurs, it can threaten the life of both the mother and the unborn infant.
• Brain damage cases. When labor is prolonged, it can increase the risk of oxygen deprivation to the infant and result in serious brain injury and lasting damage.
• Fractures during delivery. Certain bone fractures can sometimes take place when too much force is used in a delivery.
• Shoulder dystocia. This injury occurs when an infant’s shoulder becomes stuck during the delivery process. If this is not treated quickly and correctly, the situation can actually result in serious damage to the child.
• Wrongful death. In the most tragic cases, a medical mistake during a pregnancy or delivery may result in the loss of the child and/or the mother. In these situations, your family deserves justice, and while no amount of money will bring your lost loved one back to you, it can help ease some of the financial burden associated with their passing.

The Causes of Birth Injuries

Nearly one in five birthing individuals report that they have experienced some form of mistreatment during their pregnancy or during the actual act of childbirth. In certain births, injuries and complications are inevitable. In other situations, however, the direct cause of the injury can be traced back to a medical mistake or act of negligence. The most common causes of birth injuries in Dayton include:

• Improper use of forceps. There are certain tools, including forceps, which can become necessary during the delivery process. However, when these tools are not used correctly, the infant can suffer serious and life-threatening injuries, such as injuries to the eye, brain damage, nerve damage, and facial palsy.
• Medication errors. During the labor and delivery process, there are a number of medications that might be administered by a doctor. If these medications are given in an incorrect manner and the medical staff does not carefully monitor the mother’s or baby’s vitals for possible side effects, injuries, or death can take place.
• Failure to perform a necessary C-section. In cases where a vagina delivery is either too dangerous or not possible, the doctors may decide to perform a C-section. If a doctor fails to perform a C-section when it is necessary, the infant could die or sustain permanent damage.
• Oxygen deprivation. When a baby does not get the necessary oxygen and blood flow to their brain during labor and delivery, it can cause severe and lasting brain damage. This often happens when the infant becomes wrapped up in their own umbilical cord.
• Hospital malpractice. During a birth, if the hospital fails to follow certain emergency protocols or the administration makes a mistake that results in injury or death of either the mother or baby, then you may be able to file a medical malpractice claim.

While all birth injuries are serious, the reality is that some might not be present right after the child is born. If you have any reason to suspect that your child suffered an injury due to medical negligence, it is wise to stay on the lookout for possible side effects, including:

• Pale or blue skin
• Low heart rate
• The need for resuscitation
• Difficulty feeding or swallowing
• Favoring one side of the body
• Weak reflexes
• High-pitching, grunting, crying, or irritability
• Nausea or vomiting
• Showing signs of breathlessness or rapid breathing
• Hand curled up into a claw shape
• Excessive drooling
• Slow breathing
• Lethargy
• Crying with an arched back
• Seizures, which may simply look like strange movements
• Muscle stiffness or weakness
• Abnormal positioning or movement of the head
• Delays in reaching necessary developmental milestones
• The inability to move a limb
• Muscle spasms
• Failure to gain weight
• Deformation of the head, spine, or face

As your child ages, it is also important to watch out for signs like a lack of speech, issues with climbing stairs or running, and an overall difficulty in learning and comprehension. Birth injuries can manifest in different ways, and it is essential that you contact a lawyer as soon as you begin to spot signs that may point in the direction of a birth injury.

Birth Injury Compensation You May Be Entitled to Recover

Not only are birth injuries traumatic for the baby, mother, and entire family, but they can also cause you to suffer serious financial losses. At Spangenberg Shibley & Liber, our team is here to review your case and determine the full and fair amount of compensation you and your loved ones deserve. This compensation typically includes:

• Medical care. Your baby may require surgeries or ongoing care due to the injury they have sustained. You may be able to recover compensation for things like emergency room bills, rehabilitation expenses, and doctor visit costs.
• Special education. If your child has suffered a birth injury that has made them dependent on special education services, you may be able to add those costs to the overall value of your medical malpractice claim.
• Assistive devices and home modifications. Your child may require devices like a wheelchair, communication devices, and leg braces. Additionally, you may need to make modifications to your home to properly care for your child, including the installation of a wheelchair ramp. These costs can all be calculated into the value of your claim.

FAQs

Q: What Needs to Be Proven in a Birth Injury Claim?

A: To successfully obtain results in a birth injury claim, there are certain elements that first need to be proven. First, you will need to demonstrate that the medical professional at fault owed you a specific, standard duty of care. Then, through an act of negligence, recklessness, or intentional wrongdoing, that duty of care was breached. Lastly, you or your child suffered direct injury and harm as a result of the breach.

Q: What Should I Do if I Believe My Child Has Suffered a Birth Injury?

A: If you believe that your child has suffered a birth injury and that the healthcare professionals who handled the birth are to blame, you need to talk to an attorney as quickly as possible. Medical malpractice cases, including claims of birth injury, are held to strict deadlines in Ohio, and if this deadline passes before a claim is filed, your case will likely be dismissed, and you will be unable to recover compensation.

Q: Who Can Be Held Liable for a Birth Injury?

A: There are several different parties who might be held liable for a birth injury, depending on the exact circumstances of the birth. Liable parties often include the obstetricians, anesthesiologists, nurses, delivery room staff, doctors, hospital staff, and administration. In certain cases, a pharmaceutical company may be held liable if a medication error was to blame for the injury.

Q: How Can I File a Birth Injury Claim in Ohio?

A: To file a birth injury claim in Ohio, it is important that you first consult with an attorney. Then you need to begin gathering all related medical records, including your prenatal, labor, and delivery records. It is also important that you gather any records related to your child’s care after delivery. Your attorney can then work with medical professionals to help prove the injury was caused by medical negligence.

Hire a Birth Injury Lawyer From Spangenberg Shibley & Liber: Over $1 Billion Recovered

When you hire a birth injury lawyer from Spangenberg Shibley & Liber, you gain the confidence that comes from knowing you have a fierce team of advocates and litigators in your corner, ready to do whatever is necessary to seek the outcome you most desire.

While most births deliver healthy babies, tragedy and error still happen, and when they do, your family can suffer. When mother and child are not properly protected during birth, the risk of injury increases. That is where our team can help. Let us handle the legalities of your case while you focus on the health and recovery of your loved ones. To learn more and to schedule your initial consultation, contact our offices today.

*Past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits.