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Understanding Birth Injuries and Legal Recourse in Ohio: Skolnick Weiser Law Firm

Blog   June 21, 2024

Birth injuries are a tragic and often preventable occurrence that can have long-lasting effects on both the child and the family. At Skolnick Weiser Law Firm, we are dedicated to providing compassionate and thorough legal representation for families affected by birth injuries. This blog post aims to shed light on common birth injuries, their prevalence, relevant Ohio laws, and why partnering with knowledgeable attorneys is crucial for these cases.

Common Birth Injuries

Birth injuries refer to any harm or injury sustained by an infant during the birthing process. Some of the most common birth injuries include:

  • Cerebral Palsy: A group of disorders affecting movement and muscle tone, often caused by damage to the brain before or during birth.
  • Brachial Plexus Injuries: Damage to the network of nerves that sends signals from the spine to the shoulder, arm, and hand, often resulting from excessive pulling during delivery.
  • Fractures: Particularly to the clavicle or collarbone, which can occur during a difficult delivery.
  • Perinatal Asphyxia: Oxygen deprivation to the baby’s brain and organs during birth, leading to severe complications.
  • Intracranial Hemorrhage: Bleeding within the baby’s brain caused by trauma during delivery.

These injuries can range from mild and temporary to severe and lifelong, necessitating extensive medical care and financial support.

Prevalence of Birth Injuries

According to national statistics, birth injuries occur in approximately 6 to 8 out of every 1,000 live births. In Ohio, these injuries are not uncommon, affecting numerous families annually. The impact on the families and the healthcare system is significant, underscoring the need for preventive measures and adequate legal recourse when negligence is involved.

Ohio Laws and Statutes on Birth Injuries

In Ohio, birth injury cases fall under medical malpractice laws. Key legal aspects include:

  • Statute of Limitations: In Ohio, the statute of limitations for filing a birth injury lawsuit is typically one year from the date the injury is discovered or should have been discovered. However, there are exceptions, particularly for minors, where the timeframe can be extended.
  • Medical Standard of Care: To establish a birth injury claim, it must be proven that the healthcare provider deviated from the accepted medical standard of care, resulting in injury.
  • Damage Caps: Ohio law imposes caps on non-economic damages (e.g., pain and suffering) in medical malpractice cases, which can affect the compensation amount.

Why Work with Knowledgeable Attorneys?

Navigating the complexities of birth injury cases requires a deep understanding of both medical and legal intricacies. Here’s why working with experienced attorneys from Skolnick Weiser Law Firm is beneficial:

  • Knowledge of Medical Malpractice: Our attorneys have extensive experience in handling birth injury cases, ensuring that every aspect of the case is meticulously examined.
  • Access to Medical Experts: We collaborate with leading medical professionals to establish the cause and extent of the injury, crucial for building a strong case.
  • Comprehensive Case Management: From gathering evidence to negotiating with insurance companies, we handle all aspects of the case, providing families the space to focus on healing.
  • Compassionate Support: Understanding the emotional toll of birth injuries, we offer compassionate legal support, guiding families through every step of the legal process.

At Skolnick Weiser Law Firm, we are committed to fighting for the rights of families affected by birth injuries, striving to secure the compensation needed for a better future. If you or a loved one has been impacted by a birth injury, contact us today to learn how we can help.