Parma Birth Injury Attorney
Finding out your child has a birth injury is devastating. You may have many questions regarding your child’s legal rights and how to hold a negligent physician accountable. Consult with an experienced Parma birth injury attorney at Elk & Elk for free at 1-800-ELK-OHIO today. Our Parma medical malpractice attorneys will help you fight for justice and the financial compensation your family deserves.
What Are Birth Injuries?
Birth injuries describe any preventable harm done to an infant before, during or just after the birthing process. Although many births are complicated, how a physician handles these complications can make all the difference.
If a doctor, nurse, surgeon or another health care practitioner is negligent, he or she can cause avoidable birth injuries. Negligence is the failure to use the acceptable standard of care. If you suspect this happened to your child, a birth injury lawyer can help you file a lawsuit against the responsible party.
Examples of Birth Injuries
Infants are vulnerable to many different types of injuries during the birthing process. A complicated labor, difficult delivery or malpractice on the part of a physician could all lead to serious birth injuries. Many of these injuries will last weeks, months or affect the victim permanently. Injuries may include:
- Bone fractures
- Brachial plexus injuries
- Brain injuries or brain damage
- Cerebral palsy
- Erb’s palsy
- Nerve damage
- Shoulder dystocia
- Temporary or permanent paralysis
If a doctor diagnosed your child with any of these injuries shortly after birth, your family may have grounds for a birth injury claim. Seeking legal reparations can be critical for your family’s future, as it can lead to the compensation you need to move forward.
Do You Have a Medical Malpractice Case?
A birth injury constitutes medical malpractice in Ohio if a reasonable and prudent physician in the same or a similar position would have done something differently to prevent the child’s injury. Medical malpractice is the failure to meet the industry’s standards of patient care, resulting in injury or harm to a patient. If the doctor overseeing your pregnancy or delivery committed an act of malpractice, and this caused your child’s injury, you have grounds for a lawsuit. Examples of malpractice include:
- Failing to diagnose a maternal condition, such as diabetes or an infection.
- Prescribing the wrong medication to an expecting mother.
- Failing to monitor a mother and child’s vital signs during delivery.
- Using a dangerous or incorrect birthing technique.
- Misusing birth-assisting tools such as forceps.
- Failing to properly respond to an emergency.
- Making surgical mistakes during a C-section.
- Diagnosing an infant’s condition, such as jaundice, too late.
Many things could go wrong during a challenging delivery. Not all birth injuries will lead to medical malpractice claims. If the person or party at fault reasonably should have done something to prevent your child’s injury, however, you can file a lawsuit. Discuss your situation in detail with our attorneys to find out if you have a case.
What Is the Statute of Limitations?
A statute of limitations on a birth injury claim is a deadline by which your family must file a lawsuit. In Ohio, this deadline is normally one year from the date of the act of malpractice or the date you noticed your child’s injury. If you notify the doctor of your intent to sue within this deadline, you may receive an additional 180 days to file the paperwork.
Discuss Your Birth Injury Case With a Lawyer in Parma, OH Today
It is important to consult with a Parma, Ohio birth injury attorney right away if your child suffered any type of injury during the birthing process. If your child is the victim of medical malpractice, your family can seek justice by holding the at-fault party accountable. Our lawyers will work closely with you to make the legal process as simple and rewarding as possible.
Speak to a birth injury lawyer in Parma today. Contact us online or call 1-800-ELK-OHIO (1-800-355-6446) to schedule your free case review.