Akron Birth Injury Lawyer
If your child was harmed during birth, medical negligence might be to blame. Our Akron birth injury lawyers can help you determine if you have a claim and seek fair compensation for your family's suffering. We offer compassionate and dedicated legal support backed by decades of experience advocating for birth injury victims and their loved ones.
Legally Reviewed by:
Mark S. Gervelis, Esq.
Last Updated:
- July 30, 2025
TABLE OF CONTENTS
- Understanding Birth Injuries and Medical Negligence
- Common Types of Birth Injuries We Handle in Akron, OH
- How Can an Akron Birth Injury Attorney at Gervelis Law Firm Help?
- What Our Birth Injury Clients Say
- Our Experienced Akron, Ohio, Birth Injury Lawyers
- Proving Medical Malpractice in an Akron Birth Injury Case
- What Is the Ohio Statute of Limitations for Birth Injury Claims?
- What Compensation Can You Recover in a Birth Injury Claim in Akron, OH?
- Why Hire a Birth Injury Lawyer?
- Contact an Experienced Akron Birth Injury Attorney at Gervelis Law Firm Today
A birth injury can turn what should be a joyful experience into one filled with uncertainty, grief, and overwhelming responsibility. Many birth injuries are preventable, and when medical negligence is involved, families may be entitled to compensation.
Taking legal action is often necessary to pursue the justice your family deserves. At Gervelis Law Firm, we support Akron families with compassion and proven legal experience, helping them achieve fair compensation with no upfront fees. If your child was injured at birth, call 866-792-2728 or contact us online for a free consultation.
Understanding Birth Injuries and Medical Negligence
Medical negligence during childbirth can turn routine deliveries into life-altering emergencies. While some birth injuries are unavoidable, many occur because a medical provider failed to meet the standard of care during labor or delivery. Common examples of medical negligence may include:
- Failure to monitor the mother or baby appropriately
- Improper use of forceps or vacuum extractors
- Delayed response to signs of fetal distress
- Poor management of pregnancy complications, such as preeclampsia or gestational diabetes
- Errors in administering or monitoring anesthesia
- Delay in performing a medically necessary C-section
Birth Injury Versus Birth Defect
Distinguishing between a birth injury and a birth defect can help you better understand your legal options. A birth injury happens during labor or delivery and is often due to medical error. A birth defect typically develops during pregnancy and is usually linked to genetic or environmental factors.
Common Types of Birth Injuries We Handle in Akron, OH
Our Ohio personal injury attorneys handle a wide range of birth injury cases, such as:
- Cerebral palsy
- Erb’s palsy
- Brachial plexus injury
- Hypoxic-ischemic encephalopathy (HIE)
- Brain damage
- Spinal cord injuries
- Skull or clavicle fractures
- Facial paralysis
- Caput succedaneum
- Cephalohematoma
How Can an Akron Birth Injury Attorney at Gervelis Law Firm Help?
At Gervelis Law, we understand the emotional and financial toll a birth injury can take on your family. Thanks to our decades of experience handling cases involving medical negligence during childbirth in Ohio, we know how to take on large hospitals and insurance carriers, taking a client-first approach that makes you feel seen, heard, and respected during one of the most challenging times of your life.
Our compassionate support is paired with aggressive advocacy to fight for maximum compensation for your family.
With a strong local presence in Akron, we are here when you need us and can meet you wherever is most convenient, whether that is your home, your child’s hospital room, or our office. There are no upfront costs to work with us, and we only get paid if we win your case.
What Our Birth Injury Clients Say
We have helped countless families find closure and a path forward after a life-altering birth injury. Here are their testimonials.
Our Experienced Akron, Ohio, Birth Injury Lawyers
Three experienced Ohio medical malpractice lawyers lead our firm. Each is deeply committed to helping families navigate the aftermath of a preventable birth injury.
Proving Medical Malpractice in an Akron Birth Injury Case
Medical providers rarely admit they made a mistake. To hold them accountable, your Ohio birth injury lawyers must prove that the provider failed to meet the standard of care and that this failure caused your child’s injury. This typically involves proving these elements of negligence:
- Duty of care: Establishing a doctor-patient relationship
- Breach of duty: Showing that the provider failed to act in a way that another provider would act in the same circumstances
- Causation: Proving that this failure directly caused your child’s injury
- Damages: Demonstrating the injury’s past, current, and future impact on your child’s life
Early diagnosis can be critical in proving negligence because it helps you show a clear link between the circumstances of your child’s birth and their injury. We encourage you to contact us as soon as possible if your child shows common signs of a birth injury, such as unusual muscle tone, difficulty feeding, seizures, or significant developmental delays. We work with reputable medical experts to build a strong case that shows exactly what went wrong and how it has affected your child.
What Is the Ohio Statute of Limitations for Birth Injury Claims?
Ohio has a one-year statute of limitations for medical malpractice claims. Typically, victims must file a claim within one year of the date they discovered or reasonably should have discovered the injury. Because it can take time to identify medical malpractice, this discovery rule allows the clock to start ticking only once you recognize the injury or its cause.
The statute of limitations is extended for victims under 18. An injured minor can usually file a medical malpractice claim until their 19th birthday. This extension is helpful in birth injury cases since long-term effects might not become clear until years after birth.
Even with this extended timeframe, acting quickly is critical. Early legal action helps preserve medical records, witness statements, and other vital evidence that can strengthen your claim.
What Compensation Can You Recover in a Birth Injury Claim in Akron, OH?
You may seek compensation for the full range of challenges your family faces as a result of your child’s birth injury. This typically includes both economic and non-economic damages.
Economic Damages
Economic damages cover the financial costs associated with your child’s birth injury, including:
- Past and future medical expenses for hospitalizations, surgeries, medications, physical or occupational therapy, and any other treatments necessary to manage the injury
- Lifelong disability-related expenses, such as in-home care, home or vehicle modifications, and assistive devices
- Lost earning capacity if your child’s injury affects their ability to work as an adult
- Lost wages for the work you or your spouse missed because of your child’s birth injury
- Special education costs
Non-Economic Damages
Non-economic damages compensate your family for the intangible ways the birth injury has impacted your lives, such as:
- Physical pain and emotional distress your child experiences because of their injury and related treatments
- Mental anguish you and your spouse experience by witnessing your child’s suffering
- Loss of enjoyment of life if your child’s injury limits their ability to participate in normal activities
Under Ohio law, non-economic damages in most medical malpractice cases are capped at $250,000 or three times the economic damages, whichever is greater—up to $350,000 per injured person or $500,000 per occurrence. If the injury is especially severe, the cap increases to $500,000 per injured person or $1 million per incident.
Why Hire a Birth Injury Lawyer?
The health care provider responsible for your child’s injury likely has malpractice insurance to cover your losses. However, getting fair compensation from the insurance company is easier said than done. These companies prioritize profit and may use various tactics to pay you less than you deserve.
That’s where we come in. Proving negligence and damages in birth injury cases involves detailed medical records, expert testimony, and a deep understanding of the standard of care in obstetrics. We have the resources, skills, and experience to prove what went wrong and show how your health care providers could have avoided it.
Our team is here to level the playing field between your family and the large health care corporations. We handle every step of the legal process with care and precision, allowing your family to focus on what matters most: your child’s health and future.
When you hire our team, we can:
- Investigate what happened before, during, and after delivery to uncover exactly where the care fell short.
- Work with medical experts to analyze the actions of your providers and determine whether the standard of care was breached.
- Collect and examine key evidence, including medical records, fetal monitoring strips, and expert opinions.
- Calculate your family’s short- and long-term losses, including the full cost of care and your child’s future needs.
- Handle all communication and negotiation with the insurance company.
- Take your case to trial, if needed, to fight for the maximum compensation your child deserves.
Contact an Experienced Akron Birth Injury Attorney at Gervelis Law Firm Today
Caring for a child with a birth injury is emotionally and physically demanding. You should not have to fight insurance companies or navigate the legal system alone. At Gervelis Law Firm, we are here to take that burden off your shoulders and advocate for the justice your child deserves.
Our Akron birth injury lawyers are ready to help you understand your legal options and start pursuing fair compensation. We offer free consultations and charge no fees unless we win your case. If you suspect medical negligence during birth harmed your child, contact us online or call 866-792-2728 for a free consultation.
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