A birth injury refers to the damage or harm to a baby before, during, or shortly after the childbirth process. These injuries range from minor, temporary issues to more severe and permanent conditions. There are different types of birth injuries, such as:
It is important to note that birth injuries are not the same as birth defects. Birth defects are structural or functional anomalies present at birth that develop during pregnancy. These may be due to genetic factors, maternal health, or environmental exposures. On the other hand, birth injuries specifically arise from the process of birth. If you suspect negligence, consider filing a birth injury lawsuit to pursue legal recourse with Dyer, Garofalo, Mann & Schultz.
This type of claim seeks to obtain compensation for injuries incurred during birth. The most common birth injury lawsuits include:
The most prevalent form of birth injury lawsuits revolves around medical malpractice. These lawsuits argue that the healthcare provider or other medical staff failed to adhere to the standard of care expected, resulting in harm to the baby. An example includes not ordering a necessary cesarean section on time.
These lawsuits are filed against the hospital where the birth took place. They can involve situations where the hospital’s policies and procedures are inadequate, leading to birth injuries. This might include failing to have the necessary equipment.
Should a birth injury result from the use of a defective medical device or medication, the victim might file a product liability lawsuit against the manufacturer. For instance, if a poorly designed forceps or vacuum extractor injures a baby during delivery, those responsible for the product could be held liable.
Wrongful birth lawsuits are filed by parents who claim that their health professional failed to properly warn them about their baby’s birth defects. This would deny them the opportunity to make an informed decision about whether to continue the pregnancy. These cases often involve claims that healthcare providers did not conduct proper genetic testing or did not accurately interpret the results of those tests.
In tragic circumstances where a baby dies as a result of birth injuries or negligence, the parents might file a wrongful death lawsuit. This is a lawsuit to pursue compensation for the parents’ emotional suffering, and medical and funeral expenses related to the baby’s death.
Most lawsuits are resolved before trial through out-of-court settlements. If a satisfactory settlement between the plaintiff and the healthcare provider’s legal team cannot be reached, the case may proceed to court. Here are the steps to follow in a birth injury lawsuit:
The duration of birth injury claims basically varies according to the unique circumstances of the case. In situations where the case settles before a lawsuit is even filed, the timeframe can still take several months or a year.
If the case does not settle quickly and proceeds to file a lawsuit, it moves into the pre-trial phase. This stage involves pre-trial discovery, where both parties gather evidence, which can extend the timeline considerably.
If the case goes to trial, scheduling and completing the trial could add another year to the timeline. This is because court schedules can be busy, and trials themselves can be lengthy, especially for complex cases like birth injuries. Your lawyer will help avoid unnecessary delays by ensuring timely filing of paperwork, adhering to court schedules, and proactively addressing potential issues that could slow down the process.
Your initial consultation with an Ohio birth injury lawyer is an opportunity to get your questions answered: questions about your case, about the law firm, and about your role moving forward. The better prepared you are for that session, the more you’ll learn. You’ll also be better equipped to make an informed decision about the birth injury law firm you hire.
The questions you’ll want to ask fall loosely into three categories: questions about your case, questions about the attorney and law firm, and questions about your role in pursuing compensation. Here are some of the most important issues to address in each.
Most parents aren’t familiar with the intricacies of medical malpractice law. You know that something went wrong and that your child was harmed. But, you may not know what the specifics of your case mean in terms of liability and possible compensation.
When you consult a birth injury attorney, ask questions like:
The statute of limitations for medical malpractice in Ohio is one year. But, the actual calculation is a bit more complicated. Service of notice within that year can extend the time to file by up to 180 days. More significantly, the time may be extended if the injured person (or, in the case of a birth injury, the parents of the injured party) couldn’t reasonably have known of the injury.
This is especially important in birth injury cases, as some types of injury only become clear as the child develops. Still, there’s a hard cut-off point, so it’s important to educate yourself about the limitations period as early as possible.
Note the very general wording of this question. No birth injury lawyer can promise you that you will receive a specific amount of compensation. You should be very wary of any lawyer who makes such guarantees.
Still, an experienced birth injury lawyer will be able to tell you the types of damages that may be available, an average birth injury settlement, and what similar cases have been worth in the past.
When you seek out a birth injury attorney, you’re hoping for good news about the strength of your case and the compensation you may be able to secure.
But, it’s important to have a realistic view of your case and to know that your attorney has assessed both the strengths and weaknesses and is prepared to build the best possible case on your behalf.
Medical malpractice claims of any kind can be more complex and technical than other types of injury cases. Medical negligence claims, including birth injury cases, rely heavily on expert witnesses–both medical experts and economic experts.
That means general personal injury experience may not fully equip an attorney to provide the best possible representation in a medical malpractice case. Make sure your attorney has the directly relevant experience.
Birth injury cases and other medical malpractice cases are usually handled on a contingency fee basis. That means that the client doesn’t pay any attorney fees unless and until the case is settled or the attorney wins the case at trial. The payment is generally based on a percentage of the settlement or jury award.
But, that’s just the high-level structure. Some law firms charge a lower percentage if the case settles and a higher percentage if they have to fight the case at trial. Others apply a flat percentage regardless of when and how the compensation is secured.
Similarly, different firms have different policies on how costs such as filing fees and expert witness fees are billed. Make sure you have a solid understanding of what you will be paying for and under what circumstances before you sign.
Birth injury cases can take a long time to investigate, negotiate, and potentially take to trial. Much of the work in building the case goes on behind the scenes, gathering evidence, working with experts, filing technical motions, and other aspects of the case the client isn’t directly involved in.
It can be stressful for clients to feel like they don’t know what’s happening with the case, so getting a good idea of what to expect, when you can expect updates, and what the approximate timeline looks like in advance will help put your mind at ease.
This is also a good opportunity to understand more about what will be required of you as the case progresses. Then, you can focus on caring for your child and other aspects of life while your attorneys fight for you.
Your initial consultation will typically be with one birth injury lawyer. But, there’s likely a whole team you’re not seeing during that first conversation. Ask the attorney to tell you a bit about that team, their experience, and–most importantly–who will be your main point of contact as the case moves forward.
While the law firm will be doing the heavy lifting in preparing your case and protecting your rights, it’s important to know what you should and should not do. One example might be ensuring that you follow medical advice and take your child to all follow-up visits and recommended tests.
Of course, you’ll want to do that to protect your child’s health, but you may not realize that failing to do so could hurt your claim. Your attorney may also tell you to avoid talking about the injury and the case in social media or other contexts. The exact advice your birth injury attorney offers will depend on the specifics of your claim.
The sooner you talk to an experienced Ohio birth injury lawyer, the better your chances to file a successful lawsuit. Fortunately, it’s easy to get started. Call us at 937-222-2222 or fill out the contact form on this website now.
Before establishing Dyer, Garofalo, Mann & Schultz L.P.A., Doug Mann, a top Ohio Injury Attorney served as a bodily injury claims adjuster at a major insurance firm. With over 40+ years of experience, Doug’s background has proven invaluable in securing maximum cash settlements for his clients swiftly. Since leaving the insurance industry, Doug has devoted his entire legal career to assisting injured clients during their times of greatest need.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Doug Mann who has more than 20 years of legal experience as a practicing personal injury attorney.
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