Cleveland Birth Injury Attorneys

Representing Victims of Childbirth Negligence Since 1946

You have waited anxiously and expectantly for nine 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. It’s time to hire a Cleveland birth injury lawyer.

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, 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, advocating 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. One 2021 study showed that 29 birth injuries occur for every 1,000 live births. 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 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.

Parties That Can Be Held Responsible for Birth Injuries

Any medical professional who makes a mistake during the birthing process can be held responsible for a birth injury. Some of the most common examples include:

• Doctors
• Nurses
• Anesthesiologists
• Pharmacists

Hospitals and birthing centers can also be held responsible for birth injuries thanks to the theory of vicarious liability. Vicarious liability allows you to hold employers responsible for their employees’ actions while they are acting within the scope of their employment.

While most birth injuries occur during or immediately surrounding the time of delivery, prescription drug claims can be filed against pharmaceutical companies, pharmacists, and prescribing doctors if you were unaware that a medication you took during pregnancy had the potential to cause complications during the birth.

Pharmaceutical manufacturers are required to make sure that drugs are reasonably safe when they’re used as intended, and physicians and pharmacists must warn mothers-to-be about potential dangers known to be associated with the use of pharmaceutical medications. A failure to warn of the dangers of the drug could lead to liability under the product liability theory of failure to warn.

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, our Cleveland birth injury lawyers work 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 due to 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 fullest compensation possible.

Birth Injuries Versus Birth Defects: Understanding the Difference

Determining whether complications are caused by birth injuries or birth defects can be challenging. As a general rule, birth defects are usually caused by biological, genetic, or congenital conditions that develop during pregnancy. Common examples include Down syndrome or congenital heart defects.

Birth injuries, on the other hand, are preventable traumas that are sustained during or immediately before or after labor and delivery. Because birth injuries are usually preventable, they can often be considered a form of medical negligence.

It’s important to recognize the difference between birth injuries and birth defects because personal injury claims are usually only viable for birth injuries. An exception can be made for drugs that cause harm to babies. If you took a pharmaceutical medication as prescribed by your doctor during your pregnancy without knowledge of the risks it posed to your child, you may be able to file a claim against the pharmaceutical manufacturer, pharmacist, or prescribing doctor.

Developmental Milestones and Warning Signs

Children develop at different rates, but there are some milestones that all healthy babies should reach. If your child doesn’t reach expected milestones, you may want to consider consulting a Cleveland birth injury attorney regarding whether hypoxia or brain damage caused by another type of birth injury might be to blame. Here’s what you should expect depending on your baby’s age:

• One to three months. Your baby should be lifting their head and responding to voices. If they are not performing these actions or are crossing their eyes frequently, those are causes for concern.
• Four to six months. Your baby should be able to roll over and sit unassisted.
• Six to 12 months. Your baby should be able to crawl, recognize basic words, and stand with support.
• Twelve to 18+ months. Your baby should be learning how to walk and talk. If you aren’t seeing signs of meeting this developmental milestone by 18 months, there may be something wrong.

No matter your baby’s age, you should keep an eye out for red flags like floppy or loose limbs, stiffness, and lack of coordination, especially as your child grows older. These can all be signs of developmental or physical issues.

Reasons to Hire a Birth Injury Lawyer

The time surrounding the birth of your baby should be an occasion for joy, not concern. If your baby suffered birth injuries during labor or delivery, you need to focus on what’s most important — providing care for your infant. When you hire a birth injury lawyer, you’re doing more than just seeking legal assistance with all the details of your case. You’ll also get the peace of mind of knowing that your case is in good hands, and the time to focus on your family.

Your lawyer can assist you with:

• Filing the initial claim
• Going over medical records to look for evidence
• Hiring expert witnesses as needed to testify about the accepted standard of care in neonatal medicine
• Determining who is liable for your baby’s birth injuries
• Negotiating a fair settlement with the hospital’s insurance company
• Taking your case to court if you are unable to reach an acceptable settlement

Working with a birth injury attorney is the most effective way to make sure that you’re able to hold the liable parties accountable for the harm they have caused your baby.

Proving Negligence in a Birth Injury Case

Your attorney must prove that certain elements were in place to file a successful negligence claim. They include:

• Duty of care. The medical professionals who assisted with your birth owed you and the baby a duty of care as your healthcare providers.
• Breach of duty. One or more healthcare providers breached their duty by failing to act in a way that a reasonably competent provider would have acted under the circumstances.
• Causation. Your healthcare provider’s failure to meet acceptable standards of care for neonatal medicine caused a birth injury.
• Damages. The birth injury caused your baby compensable harm.

Sometimes, mothers are also harmed during labor or delivery by their doctors’ negligence. If this is the case, you may be able to file a medical malpractice claim to recover damages for injuries to the mother, as well.

FAQs

Q: How Do I know if Medical Negligence Caused My Child’s Injury?

A: There are several ways to know if your 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. If it did, we could help you file a birth injury claim.

Q: How Much Is My Birth Injury Case Worth?

A: How much your birth injury case is worth will depend on several different factors. 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.

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

A: There are several parties that can be held liable for a birth injury. Potentially responsible parties may include doctors, nurses, hospitals, or any healthcare provider involved in the delivery. Birth injuries can occur even in reputable hospitals such as Regency Hospital – Cleveland West. Our legal team can identify all liable parties to increase your recovery.

Q: Do I Have to Go to Court?

A: Whether you have to go to court will depend on how complicated your case is, whether there is any debate as to who is liable for the birth injury, and how skilled your lawyer is at negotiating with insurance companies. Many birth injury claims settle out of court, but we prepare every case for trial to fully protect your rights.

Q: How Long Will My Case Take?

A: How long your case will take depends on how complicated it is and whether it has to go to court for a resolution. Birth injury claims can take months or years, depending on complexity. We keep you informed every step of the way and push for a timely resolution without sacrificing results.

Q: Are There Any Caps on Damages for Birth Injury Claims?

A: There is a cap on damages for birth injury claims. Ohio law imposes caps on non-economic damages, such as pain and suffering, of $250,000 or three times your economic damages in medical malpractice cases, including birth injuries. However, these caps do not apply to economic damages, like medical expenses and lost wages.

Q: Are All Birth Injuries Permanent?

A: Not all birth injuries are 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. If this is the case, you may be entitled to more compensation.

Q: What Is the Statute of Limitations for Birth Injury Claims in OH?

A: The statute of limitations for birth injury claims in OH is defined in Ohio Revised Code Section 2305.113. 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.

File a Claim After Your 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, 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. Contact us to schedule an initial consultation today.