Cleveland Birth Injury Lawyers

Available Compensation for Birth Injury Victims

If a doctor or other healthcare provider caused your or your child’s injuries, you may be able to collect damages—or financial compensation—to help cover the costs of:

• Daily Care: Your expenses may include medical treatment, nursing care, handicapped vehicles, housing needs, and more.
• Loss of Earnings Capacity: Many children who sustain birth injuries are unable to work or will have difficulty working when they become adults.
• Pain and Suffering: Children with birth injuries often endure pain and disability.

The Statute of Limitations
Birth injury cases are unique in that their statute of limitations—or allotted time victims have to file for damages after injuries—gives minors and their families a longer time to file a claim than with most personal injury cases involving adults.

How to Recognize Birth Injuries
Birth injuries can significantly impact a newborn’s life and development, making early recognition and intervention critical. Parents should know exactly what to look for so that opportunities for early interventions aren’t missed. Some of the initial signs of birth injury include:

• Unusual physical appearances such as misshapen limbs or head
• Feeding difficulties
• Excessive crying
• Limpness in the arms or legs
• Difficulty breathing, seizures, or an abnormal response to stimuli

Legal Rights of Parents in Birth Injury Cases

Parents have specific legal rights when a birth injury occurs. Understanding these rights is essential for protecting both the child and the family’s future. They include:

• Right to Information: Parents have the right to access all medical records and information related to the birth, any injuries, and treatment.
• Right to Legal Representation: Parents can hire an attorney specializing in birth injury cases to help them through the complex legalities.
• Right to Seek Compensation: If the injury resulted from medical negligence, parents can pursue compensation for medical expenses, ongoing care, and emotional distress.
• Right to a Fair Trial: Parents have the right to present their case in court and seek justice through a fair trial process if a settlement is not reached.

To protect their rights and the rights of their child, parents should follow these steps:

1. Document Everything: Keep detailed records of all medical treatments, diagnoses, and any communications with healthcare providers.
2. Consult With an Attorney: Seek advice from an attorney experienced in birth injury cases to understand the options available.
3. File a Claim: If advised by the attorney, file a legal claim within the statute of limitations to ensure the case is heard.
4. Gather Evidence: Collect all necessary documentation, including medical records, expert testimonies, and witness statements, to support the case.
5. Stay Informed: Make sure to choose a communicative attorney to help you keep up with the legal process each stage of the case.

Elements We Look for to Win a Birth Injury Case

If the evidence we collect during the investigation and preparation process shows that you have a strong case, your birth injury attorney will file a claim on your behalf. In order to prove that negligence was a factor in your case, we must show that:

• The doctor handling the delivery failed to meet the standard of care as another reasonable doctor in that situation would.
• Because of the doctor’s actions or failure to act, the mother or baby sustained an injury.

Nurenberg, Paris, Heller & McCarthy has investigated and pursued many birth injury cases, and we know all the factors that can establish whether negligence caused injury to you or your child.

Conditions That Can Cause Birth Injuries

Giving birth is one of life’s most exciting and wonderful moments, but it is also a delicate and precarious time for mother and baby. If complications arise during delivery, they must be handled carefully to ensure the health and safety of mothers and infants.

• Uterine Rupture: When the wall of the uterus tears during childbirth, this condition is known as uterine rupture. If the tear extends through the entire uterine wall, the results can be fatal for both the mother and child. Uterine rupture typically occurs early in the labor process and can be detected and avoided by constant monitoring of the birthing process.
• Shoulder Dystocia: If an infant is too large for the mother’s pelvis or is in an abnormal position during birth, one of the shoulders may become caught during delivery. This condition is known as shoulder dystocia and can result in nerve damage, including Erb’s palsy, if not properly managed.
• Maternal Health Conditions (Obesity, Gestational Diabetes, Preeclampsia): Health conditions in the mother can complicate labor and delivery. Obesity and gestational diabetes can lead to larger babies and difficult deliveries, while preeclampsia can restrict blood flow and oxygen to the baby, raising the risk of fetal distress and neurological injury.
• Prolonged Labor: When labor lasts too long, the baby may be exposed to extended pressure in the birth canal or reduced oxygen levels. This can lead to nerve injuries, brain damage, or the need for forceful interventions such as forceps or vacuum extraction.
• Fetal Macrosomia (Large Babies): Babies significantly larger than average can become stuck during vaginal delivery, especially at the shoulders (shoulder dystocia). This increases the risk of broken bones, nerve damage, and oxygen deprivation if delivery is delayed.
• Preterm Birth: Babies born before 37 weeks are often smaller and more fragile, with underdeveloped organs and limited muscle control. Their vulnerability makes them more prone to brain bleeds, respiratory distress, and other injuries during delivery or in the NICU.
• Breech Birth: When a baby is positioned feet- or buttocks-first instead of head-first, the delivery can place extreme stress on the baby’s neck and spine. Improper handling during breech delivery can cause fractures, spinal cord injuries, or oxygen deprivation if the head becomes trapped.

To learn more about even more about these and other birth injury causes, here are some other helpful resources:

• Birth Injury Causes
• Uterine Rupture
• Shoulder Dystocia

Medical Facilities for Birth Injuries in Cleveland

Clevland has several hospitals and treatment centers known for neonatal, pediatric, or obstetric expertise:

• Cleveland Clinic Children’s: Its Neonatal Intensive Care Unit is a Level IV unit capable of treating newborns with complex birth injuries, and the system also offers neonatal surgery and comprehensive follow-up care.
• University Hospital Rainbow Babies & Children’s Hospital: The Neonatology Division treats critically ill newborns with advanced therapies (such as therapeutic cooling, ECMO, etc.), and provides follow-up newborn care and community outreach services.
• MetroHealth Medical Center/MetroHealth Neonatology: Their Level III NICU treats fragile newborns in a family-centered environment, and the hospital offers high-risk obstetrical services and neonatal surgical capability within the unit.

Home Healthcare Options for Birth Injury-Affected Families in Cleveland

Depending on the severity of your child’s birth injury, it may be difficult to leave your home to get supplies and care. These in-home healthcare and medical equipment suppliers make it easier to get the care and tools you and your child need from the comfort of your home:

• Pediatric Home Service: This supplier provides durable medical equipment (DME) and supplies tailored for children with complex medical needs so that they can receive critical support at home rather than in a hospital.
• Cuyahoga County Newborn Home Visiting Program: The Newborn Home Visiting Program offers a free home visit from a registered nurse to eligible first-time and teen mothers in Cuyahoga County, during which the nurse helps assess baby health, supports maternal care, and answers questions about newborn care.
• BrightStar® Home Care Cuyahoga West: This company offers in-home care and skilled pediatric nursing services for children from newborns through adolescence, including those with special needs or chronic health conditions.

Cleveland Support Groups for Parents and Children Dealing With Birth Injuries

Birth injuries aren’t just difficult physically. They can also be emotionally challenging for parents and children. Cleveland is home to many organizations and support groups that help affected families learn coping strategies and tips for handling the challenges of daily life.

Helpful organizations and support groups include:

• United Cerebral Palsy of Greater Cleveland: UCP of Greater Cleveland empowers children and adults with disabilities to live independent, productive, and inclusive lives by providing comprehensive services that support their growth, employment, and community integration.
• Cleveland Clinic Children’s Pediatric Epilepsy Support Group: Epilepsy can be caused by certain birth injuries, including HIE. This support group helps address the needs of families who are caring for children with the challenges of the condition.
• Cuyahoga County Board of Developmental Disabilities Family Supports Program: The Family Supports Program helps eligible families of individuals with developmental disabilities access funding, equipment, respite care, recreation, and other supports to reduce burdens and enhance family stability and quality of life.