Cleveland Birth Injury Attorneys

Representing Victims of Childbirth Negligence Since 1946

You have waited anxiously and expectantly for 9 months, in eager anticipation of your new addition to your growing family, but something seems wrong, or rather, not quite right. Now that your baby is here, your intuition is telling you that your baby may have a birth injury.

Birth injuries can be a heartbreaking and overwhelming experience for any family. When complications arise during pregnancy, labor, or delivery due to medical negligence, the consequences can be life-altering for both the child and their loved ones. At Spangenberg Shibley & Liber LLP, we understand the emotional and financial toll these injuries can bring. That’s why we’re here to help. Our Cleveland birth injury lawyers are dedicated to standing by your side, fighting for your rights, and pursuing the compensation you deserve to help secure a better future for your family.

If you have a legal case involving a birth injury that was sustained by yourself or your child during pregnancy or delivery, you should not hesitate to speak with a Cleveland birth injury lawyer today.

What is a Birth Injury?

A birth injury is an injury your baby sustains during labor or delivery. These injuries may affect your baby’s bone structure, vital organs, or nerve centers such as the brain, heart, or skull, and might significantly impact emotional, physical, and cognitive development. Many babies sustain minor injuries during birth that resolve without treatment. However, serious injuries can lead to brain damage, severe nerve damage, physical impairments, or possibly even death.

Here are some common types of birth injuries:

• Cerebral Palsy: Caused by brain injury or lack of oxygen during birth, cerebral palsy affects movement and muscle control. It is a lifelong condition with symptoms that range from mild to severe.
• Brachial Plexus Injury (Erb’s Palsy): This occurs when the nerves in a baby’s shoulder and upper arm are stretched or torn during delivery. It can lead to weakness, loss of movement, or even paralysis in the affected arm.
• Fractures: The most common fracture during birth is the collarbone (clavicle), often caused by a difficult or breech delivery. It usually heals quickly, though it may cause temporary pain or limited arm movement.
• Cephalohematoma: This is bleeding between a baby’s skull bone and the membrane covering it, forming a lump on the head. It typically resolves on its own, but may increase the risk of jaundice.
• Caput Succedaneum: This is swelling of the scalp caused by pressure during passage through the birth canal. It often looks puffy or bruised but usually goes away within a few days.
• Facial Nerve Injury (Facial Palsy): Pressure on the baby’s face during delivery, especially with forceps, can damage facial nerves. This may cause one side of the face to droop or not move properly when the baby cries.
• Intracranial Hemorrhage: Bleeding in or around the brain can result from trauma during birth, especially in premature infants. Symptoms vary but can include seizures, poor feeding, or difficulty breathing.
• Perinatal Asphyxia: This happens when a baby doesn’t get enough oxygen during or right after birth. It can lead to breathing problems and, in severe cases, long-term brain damage.

How Common Are Birth Injuries in Ohio?

Birth injuries are a critical concern in Ohio, with hundreds, if not thousands, of cases occurring each year.

A study published in the Journal of Pediatrics, analyzed data from 2005-2014 and found that the prevalence of birth injuries in the United States is about 6.2 per 1,000 hospital births. Here in Ohio, approximately 805 newborns were found to have suffered birth injuries yearly, according to statistics from 2021. These findings highlight the significant impact of birth injuries on families in Ohio and emphasize the importance of vigilance and proper medical care during childbirth.

While many births proceed without complications, a notable number experience some form of injury, ranging from minor to severe. As with many regions, advancements in medical technology and increased awareness have improved prenatal and delivery care, but the occurrence of birth injuries remains a significant issue. Pursuing birth injury lawsuits is another way to hold parties accountable responsible and improve safety measures for future newborns and their families.

Common Causes of Injuries

While some birth complications are unavoidable, many are the direct result of medical malpractice. Doctors, nurses, and hospitals have a duty to provide competent care before, during, and after delivery. Common causes of preventable birth injuries include:

Failure to Monitor Fetal Distress

Doctors must monitor the baby’s heart rate during labor. Failure to recognize and respond to signs of fetal distress — such as a drop in heart rate — can lead to oxygen deprivation and brain damage.

Improper Use of Delivery Tools

Forceps and vacuum extractors must be used carefully. When used incorrectly or with excessive force, these tools can cause nerve damage, skull fractures, and brain injuries.

Delayed Cesarean Section (C-Section)

A timely C-section can prevent oxygen deprivation and trauma. Delays in ordering or performing a necessary C-section are among the most common causes of serious birth injuries.

Medication Errors

Incorrect administration of labor-inducing drugs like Pitocin can cause excessively strong contractions, increasing the risk of injury to both mother and baby.

Improper Prenatal Care

Negligent monitoring during pregnancy — including failure to diagnose infections, preeclampsia, or gestational diabetes — can lead to complications that endanger the baby’s health.

When medical professionals fail to uphold their duty of care, families have the right to pursue a birth injury claim to hold them accountable.

Recovering Compensation

A successful birth injury claim can help your family secure financial resources for medical care, therapy, and other essential needs. At Spangenberg Shibley & Liber LLP, our Cleveland birth injury lawyers fight to recover compensation for:

• Medical expenses: including hospital bills, surgeries, medications, and long-term care
• Rehabilitation and therapy costs: such as physical, occupational, and speech therapy
• Future medical needs: including assistive devices, special education, and home modifications
• Pain and suffering: for both the child and the parents
• Lost income: if a parent must leave work to care for the injured child
• Loss of quality of life: for the child’s lifelong limitations

We work closely with medical experts, economists, and life care planners to calculate the full value of your claim and pursue the maximum compensation possible.

Birth Injury Claim FAQs

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

If your child suffered an unexpected complication during birth and you suspect a medical error, our attorneys can investigate. We work with medical experts to review records and determine whether negligence occurred.

How much is my birth injury case worth?

The value of a birth injury claim depends on the severity of the injury, the extent of medical care required, and the impact on your family’s life. We seek full compensation for both current and future damages.

Who can be held liable for a birth injury?

Potentially responsible parties may include doctors, nurses, hospitals, or any healthcare provider involved in the delivery. Our legal team will identify all liable parties to maximize your recovery.

Do I have to go to court?

Many birth injury claims settle out of court, but we prepare every case for trial to ensure your rights are fully protected.

How long will my case take?

Birth injury claims can take months or years, depending on complexity. We keep you informed every step of the way and push for timely resolution without sacrificing results.

Are there any caps on damages for birth injury claims?

Ohio law imposes caps on non-economic damages, such as pain and suffering, in medical malpractice cases, including birth injuries. However, these caps do not apply to economic damages, like medical expenses and lost wages.

Are all birth injuries permanent?

Some birth injuries can fully or even partially heal with the proper medical treatment and time. Unfortunately, other injuries are permanent and will require proper treatment and care throughout the life of your child.

What is the statute of limitations for birth injury claims in OH?

Birth injury claims generally fall under medical malpractice laws, which typically allow one year from the date of injury or the last treatment date by the negligent party to file a claim. However, for minors, this period doesn't begin until the child turns 18, effectively extending the filing deadline until their 19th birthday.

Why should I file a lawsuit after my baby's birth?

Victims of birth injuries resulting from negligence may be entitled to receive substantial monetary compensation, including payments for hospital expenses and costs of future treatment, therapy, rehabilitation, and care. As a client of Spangenberg Shibley & Liber LLP, you have a strong advocate, compassionate ally, and steadfast guide through this process. We have a deep commitment to our clients, who may be facing some of the most difficult times of their lives.

Call our dedicated and caring team today at (216) 600-0114 to arrange a free case evaluation with our Cleveland birth injury lawyers.