Learning that your child suffered an injury during birth is overwhelming. While dealing with doctors’ appointments, medical terminology you have never heard before, and uncertainty about your child’s future, it can be difficult to know where to turn or what questions to even ask.
At Nurenberg, Paris, Heller & McCarthy, our birth injury attorneys are experienced at helping Ohio families navigate these difficult situations. Below, we answer some of the most common questions we hear from parents who believe their child’s birth injury may have been caused by medical negligence.
If you have additional questions or would like to discuss your family’s situation, contact us today for a free consultation.
What counts as a birth injury?
A birth injury is any type of harm sustained by a baby before, during, or immediately after labor and delivery. While some birth injuries are mild and resolve on their own, others can cause permanent damage to a child’s brain, nerves, bones, or organs. Birth injuries can result from natural complications, but many are caused or worsened by mistakes made by doctors, nurses, midwives, or other healthcare providers. When a birth injury is the result of medical negligence, the family may have grounds to pursue a legal claim.
What are the most common types of birth injuries?
Birth injuries can range widely in severity. Some of the most frequently diagnosed birth injuries include:
- Cerebral Palsy: A group of disorders affecting movement, muscle tone, and coordination, often caused by oxygen deprivation during labor and delivery. Cerebral palsy is one of the most common and most serious birth injuries associated with medical negligence.
- Hypoxic-Ischemic Encephalopathy (HIE): A form of brain damage caused by a lack of oxygen and blood flow to the baby’s brain, HIE can lead to seizures, developmental delays, and long-term cognitive and physical impairments.
- Brachial Plexus Injuries (Erb’s Palsy): Damage to the network of nerves controlling the shoulder, arm, and hand, often caused by excessive force or improper technique during delivery. This can result in weakness, loss of sensation, or paralysis in the affected arm.
- Facial Nerve Injuries: Damage to the facial nerve can also occur when excessive pressure is placed on the baby’s face during delivery, often from forceps or from prolonged pressure against the mother’s pelvis. Severe cases can require surgical intervention and may cause lasting weakness or paralysis.
- Fractures: Broken bones, most commonly the clavicle, can occur during difficult deliveries, particularly when excessive force is applied or when delivery instruments are used improperly.
- Intracranial Hemorrhage: Bleeding within or around the brain, which can be caused by trauma during delivery or the improper use of vacuum extractors or forceps.
What causes birth injuries?
While some birth injuries are unavoidable, many are directly caused by errors or lapses in the standard of care. Common causes of preventable birth injuries include:
- Failure to monitor fetal heart rate and recognize signs of fetal distress
- Delayed decision to perform an emergency cesarean section
- Improper use of delivery instruments such as forceps or vacuum extractors
- Applying excessive force during delivery, particularly during shoulder dystocia
- Failure to diagnose or treat maternal infections such as chorioamnionitis
- Inadequate response to umbilical cord complications, including cord prolapse or compression
- Failure to manage a high-risk pregnancy appropriately
- Errors in administering medications such as Pitocin to induce or augment labor
How do I know if my child’s birth injury was caused by medical negligence?
Not every birth injury is the result of malpractice, but there are warning signs that negligence may have played a role. You should consider consulting with a birth injury attorney if:
- Your baby required emergency intervention such as resuscitation or cooling therapy immediately after birth
- Your baby was admitted to the NICU unexpectedly
- Your medical team appeared rushed, disorganized, or unresponsive to complications during labor
- Delivery instruments like forceps or vacuum extractors were used and your baby was injured
- You were not informed of risks or complications during your pregnancy or labor
- Your child has been diagnosed with cerebral palsy, HIE, Erb’s palsy, or another condition linked to birth trauma
- You felt that something was wrong during delivery but your concerns were dismissed
An experienced birth injury lawyer can review your medical records and consult with medical experts to determine whether the standard of care was met.
Who can be held liable for a birth injury?
Depending on the circumstances, multiple parties may share responsibility for a birth injury:
- Obstetricians and Physicians: Doctors who fail to recognize complications, delay necessary interventions, or use improper delivery techniques may be held liable.
- Nurses and Midwives: Labor and delivery nurses and midwives are responsible for monitoring the mother and baby throughout labor. Failure to recognize and report warning signs can constitute negligence.
- Hospitals and Medical Facilities: Hospitals may be liable for understaffing, inadequate training, failure to enforce safety protocols, or the negligent actions of their employees.
- Anesthesiologists: Errors in administering epidurals or other anesthesia during labor can harm both the mother and the baby.
What is the statute of limitations for birth injury claims in Ohio?
Ohio’s statute of limitations for medical malpractice cases is generally one year from the date the injury was discovered or should have been discovered—for parents wishing to file a claim. In addition, Ohio has a four-year statute of repose for medical malpractice claims, which places an outer limit on when a case can be filed.
For children themselves, the statute of limitations is tolled (paused) until the child turns 18. From there, the child has one year to file a claim, meaning the effective deadline can extend until the child’s 19th birthday.
Still, it’s always best to consult with an attorney as soon as possible. Witnesses move on, memories fade, and critical medical records can become harder to obtain over time. The sooner an attorney begins investigating, the stronger your case will be.
What compensation is available for birth injury victims?
When medical negligence causes a birth injury, families may be entitled to compensation for both current and future needs, including:
- Medical Expenses: Past and future costs for surgeries, hospitalizations, therapy, medications, assistive devices, and any specialized medical care your child requires.
- NICU and Hospitalization Costs: Many birth-injured infants spend days or weeks in the neonatal intensive care unit, resulting in substantial medical bills.
- Ongoing Therapy and Rehabilitation: Physical therapy, occupational therapy, speech therapy, and other rehabilitative services that may be needed throughout your child’s life.
- Special Education and Support Services: Costs associated with individualized education programs, specialized schooling, and developmental support.
- Pain and Suffering: Compensation for the physical pain, emotional distress, and diminished quality of life experienced by the child and the family.
- Loss of Future Earning Capacity: Many children with serious birth injuries will face limitations in their ability to work as adults. Compensation can account for this lost earning potential.
- Caregiver and Long-Term Support Costs: Expenses for in-home nursing care, assisted living, and other long-term support needs.
Every case is unique, and a thorough evaluation by an experienced attorney is essential to understanding the full financial impact of your child’s injury.
What are some birth injury support groups and resources in the Cleveland area?
Families impacted by birth injuries often benefit from connecting with others who understand what they are going through. The following Cleveland-area organizations offer support, resources, and community for affected families:
- LeafBridge Resources (formerly United Cerebral Palsy of Greater Cleveland): Provides therapy, education, assistive technology, and community support services for children and adults with disabilities, including those caused by birth injuries.
- Cleveland Clinic Children’s Pediatric Epilepsy Support Group: For families caring for children with epilepsy, which can be caused by birth injuries such as HIE. The group provides education, coping strategies, and peer support.
- Cuyahoga County Board of Developmental Disabilities Family Supports Program: Helps eligible families of individuals with developmental disabilities access funding, equipment, respite care, and other essential services.
- Brain Injury Association of Ohio (BIAOH): A statewide organization offering advocacy, education, rehabilitation support, and community resources for individuals and families affected by brain injuries.
- Ohio Parent to Parent (P2P): A statewide mentoring program that matches parents of children with special healthcare needs to experienced mentors who can help them navigate resources and emotional challenges.
Contact Nurenberg, Paris, Heller & McCarthy Today
If your child suffered a birth injury and you believe medical negligence may have been a factor, the birth injury attorneys at Nurenberg, Paris, Heller & McCarthy want to hear your story. We can review your medical records, consult with leading medical experts, and give you an honest assessment of your legal options.
Contact us today for a free, confidential consultation—and let us fight for your family.
