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Birth Injuries and Your Legal Rights in Ohio

Blog   October 31, 2024

Birth injuries are some of the most heartbreaking experiences families can face. These injuries, occurring during the labor and delivery process, can lead to life-long challenges for both the child and their parents. In Ohio, birth injuries are an unfortunate reality that sometimes result from medical negligence. If your child has been affected, understanding your legal rights and working with an experienced attorney like Skolnick Weiser Law Firm can make a significant difference.

What Are Birth Injuries?

Birth injuries refer to physical harm that occurs to an infant during the birthing process. While some complications are unavoidable, others are the result of improper medical care. Common birth injuries include:

  • Cerebral Palsy: Often caused by oxygen deprivation during delivery.
  • Brachial Plexus Injuries: Damage to the nerves controlling the arms and hands, which can result from excessive force during birth.
  • Fractures: Injuries like a broken collarbone may occur during a difficult delivery.
  • Hypoxic-Ischemic Encephalopathy (HIE): Brain damage resulting from a lack of oxygen.
  • Facial Paralysis: Nerve damage caused by pressure on the baby’s face during delivery.

These injuries can lead to permanent disability or developmental delays, impacting the child’s quality of life and placing financial and emotional strain on their family.

Birth Injury Statistics in Ohio

According to recent data, Ohio ranks among the higher states for birth injury rates. National statistics suggest that approximately 6 to 8 out of every 1,000 births result in a birth injury, and Ohio’s figures align closely with this trend. Factors such as hospital staffing shortages, improper use of birthing instruments, and delayed decision-making during delivery can all contribute to these injuries. In cases where medical negligence is involved, it is crucial for families to understand their rights under Ohio law.

Skolnick Weiser Law Firm’s Birth Injury Capabilities

When facing the consequences of a birth injury, working with a knowledgeable legal team is essential. Skolnick Weiser Law Firm is committed to advocating for families affected by birth injuries throughout Ohio. Their team works diligently to hold negligent healthcare providers accountable and secure compensation for medical bills, rehabilitation costs, ongoing care, and pain and suffering.

The firm understands the intricacies of birth injury cases, including the medical complexities involved. They collaborate with medical experts to determine whether the injury could have been prevented and to build a strong case for your family. This includes reviewing medical records, obtaining expert testimony, and preparing for negotiations or court trials, if necessary.

Ohio Statute of Limitations on Birth Injury Cases

In Ohio, the statute of limitations for filing a medical malpractice claim, which includes birth injuries, is one year from the date the injury is discovered. This is an important deadline to keep in mind as it can significantly impact your ability to pursue a claim. In some cases, Ohio law allows for a longer window of time under the “discovery rule,” especially if the injury was not immediately apparent.

For birth injury cases involving minors, the law can be more lenient. Ohio allows parents or guardians to file a claim up until the child’s 19th birthday for injuries occurring during childbirth. However, waiting too long can make it more challenging to gather the necessary evidence and build a strong case.

Why Work With Skolnick Weiser Law Firm?

Navigating a birth injury case on your own can be overwhelming, especially when dealing with the emotional and financial toll that these injuries cause. Skolnick Weiser Law Firm offers the following advantages when handling your case:

  • Experience in Birth Injury Cases: With years of experience in Ohio birth injury cases, the firm knows how to build strong cases and negotiate settlements that cover the lifetime costs associated with the injury.
  • Compassionate Legal Support: The attorneys at Skolnick Weiser Law Firm understand the emotional burden you are carrying and work with sensitivity to guide you through each step of the legal process.
  • Comprehensive Case Handling: From collecting evidence and medical records to working with expert witnesses and negotiating with insurance companies, the firm handles all aspects of the case, allowing you to focus on caring for your child.
  • Proven Track Record: Skolnick Weiser Law Firm has a reputation for successfully securing compensation for families dealing with the consequences of birth injuries.

If your child has suffered a birth injury in Ohio, don’t hesitate to reach out for legal help. Skolnick Weiser Law Firm is here to support your family and ensure that you receive the compensation and justice you deserve.