Ohio Birth Injury Lawyer – Ohio Birth Injury Law: What You Need to Know The Legal Elements of an Ohio Birth Injury Claim
The birth of a child is a moment of joy for most parents, as they have brought a new life into the world. However, for the parents of a child who has suffered a birth injury, the birth of a child is a time of pain, or at least a time of great suffering. The same is true for parents of a child with a birth defect. A birth injury, unlike a birth defect, is a consequence of medical negligence. Because of this, you may be entitled to file a legal claim under Ohio birth injury law.
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Typically, you will need at least one expert medical witness to prove your case, particularly with respect to your claim that the treatment provided by the health care provider was below the applicable professional standard of care.
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Ohio’s statute of limitations tells you how long you have to file your claim. This deadline is also long for private settlement negotiations, as your bargaining power will drop to zero once you miss the statute of limitations.
Because a birth injury is generally a medical malpractice injury, Ohio’s medical malpractice statute of limitations usually applies. However, the possibility of a statute of limitations for medical malpractice is not good news, because in Ohio you only have one year from the date of the injury to file a lawsuit. Several exceptions apply, including exceptions that apply specifically to birth injuries:
An entirely different statute of limitations applies if your child’s injury was caused by defective medical equipment. In this case, Ohio’s product liability statute of limitations will apply (see below).
Medical malpractice “in the air,” so to speak, is not enough to win a medical malpractice claim. The healthcare provider’s negligence must have actually caused the injury you complain about. Failure to monitor the baby’s oxygen intake, for example, will not hold the doctor liable if the low oxygen was not the cause of the birth injury the baby suffered.
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A product liability claim may arise in a birth injury case if, for example, your baby’s injury was caused by a faulty fetal heart rate monitor rather than the fault of the healthcare provider. Alternatively, your doctor and a product manufacturer may share responsibility.
A wrongful death claim can arise if the baby or mother dies as a result of an injury during childbirth. In Ohio, the personal representative (“executor”) of the deceased victim’s estate files the wrongful death lawsuit. Even a dead child has inherited property and the court will appoint a personal representative for it (usually a parent).
Birth injuries are some of the most traumatic experiences anyone can face. It’s important to get justice for your child, but it’s just as important to spend your time caring for them instead of worrying about a case. Our experienced birth injury attorneys will handle the legal side of things so you can focus on what matters most: being there for your family. Contact us today to set up a free consultation.
The team did a great job of keeping me updated on my claim. Brittany did an amazing job as my attorney, following up with me as soon as she heard about my case. I honestly cannot thank the firm of Dyer, Garofalo, Mann & Schultz enough. If you are looking for legal representation that will really fight for you, these are the guys to go with!
Austin J. Enger
If you or a loved one has been seriously injured, fill out the form below for your free consultation or call us at 1.937.222.2222
I’m glad I chose DGMS for my personal injury case! Sometimes I asked for updates multiple times and still they were patient and understanding. Crystal has done an amazing job so far. Mr. Dominic Z. also did a great job with follow up emails and making sure we get the best results. I look forward to the final result as they are determined to achieve the best.
After an accident and being inundated with offers from out of town attorneys, I called DGMS and I’m glad I did. They took over and I received a maximum payment very quickly after all the medical tests were done. Especially Amy K. who always returned my calls and answered all my questions promptly. Thank you Amy K.
It was my first time dealing with anything legal, they did a great job, helped me through the whole process from start to finish. It kept me informed as time went on and also didn’t make me feel bad for some very “dumb” questions. Definitely the people I will go back to if needed again! As much as we would like it, modern medicine is not a perfect art. Mistakes happen all over the world all the time, causing many patients a lifetime of suffering. While medical malpractice injuries are always tragic, they are even more tragic when the victims in question are babies. Unfortunately, many negligent birth injuries can lead to infantile seizures and brain damage.
What Causes Birth Injuries?
If you and your child have suffered a traumatic birth injury, you have reason to file a lawsuit under the guidance of an Ohio or Kentucky attorney. At The Lawrence Firm, PSC, we prioritize every attorney-client relationship as we fight our best in the courtroom. We are passionate about getting justice for every client. For more information on how our Covington birth injury attorneys can fight for you, call our Kentucky law office at 859-578-9130 or our Ohio law office at 513-651-4130 today.
Babies can have seizures just like adults. Seizures in newborns, also known as neonatal seizures, are generally caused by abnormal electrical activity in the brain. According to data from the International League Against Epilepsy (ILAE), infantile seizures are the most common neurological emergency in the first week to four weeks of a newborn’s life. In fact, 1-5 infants per 1,000 live births experience neonatal seizures.
Unfortunately, a newborn can suffer from a variety of different seizures. Each type of seizure comes with a different set of signs and symptoms. If you think your child is having any of the following types of seizures, make an appointment with your child’s healthcare provider right away.
Subtle seizures are the most common type of infantile seizures. These are often hard to spot because the symptoms look like normal baby movements. If you notice your baby’s eyes rolling or staring, tongue sticking out, or feet cycling, they may be having a subtle seizure. Delays between breaths can also be a sign of subtle seizures.
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Muscle stiffness is the main symptom of tonic seizures. If you notice that your baby’s body suddenly stiffens for about 20 seconds at a time, he may be suffering from a tonic seizure. Other sudden symptoms of muscle stiffness in babies that may indicate a tonic seizure include:
There are two types of tonic seizures: focal tonic seizures and generalized tonic seizures. Focal seizures occur in one lobe of the brain, while generalized seizures occur in both lobes of the brain. It is certainly possible for a tonic seizure to begin focally and then spread to both lobes.
Seizures are characterized by repeated, uncontrollable muscle spasms or contractions. You may notice that your baby’s face, shoulder, arm, limbs, or tongue twitch for about 20 to 60 seconds if they have this type of seizure. Myoclonic seizures are very similar to clonic seizures, so it can be difficult to tell which is which, especially in infants. Myoclonic muscle twitches or jerks are often short-lived and irregular compared to clonic muscle jerks. For example, if your baby has myoclonic seizures, he may twitch or twitch his legs once or twice a minute. Seizures can also occur in one or both lobes of the brain.
Tonic-clonic seizures, formally called grand mal seizures, involve both muscle rigidity and muscle jerking. This seizure occurs in two phases: the tonic phase and the clonic phase. It is important to note that tonic-clonic seizures are incredibly rare in children under 2 years of age. They occur more often in older children, adolescents and adults with epilepsy.
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The tonic phase is basically a tonic crisis. You’ll notice your baby or toddler tensing their muscles or holding awkward positions for 20 to 60 seconds. They may also lose consciousness, fall to the ground and make noises. It is also common for children and adults to bite their tongue hard enough to draw blood during the toning phase.
The clonal phase follows. At this stage, you may notice that your baby or child jerks their body repeatedly and uncontrollably. It is also very common for sufferers to lose bladder or bowel control during the clonic phase.
Tonic-clonic seizures generally last 1 to 3 minutes and can be incredibly dangerous, especially if the person hits their head while falling, jerks, or loses consciousness. Tonic-clonic seizures that last more than 5 minutes are
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