If you or your baby suffers a birth injury during pregnancy, labor, or delivery, you have the legal right to sue the hospital if medical negligence or improper care caused the harm. Birth injuries are often preventable, and when caused by negligence, they may warrant legal action.
At Gervelis Law Firm, our attorneys work closely with Ohio families to pursue justice for birth injuries. If you suspect medical negligence, do not hesitate to seek legal advice from our experienced birth injury attorneys.
Contact us online or call us at 866-792-2728 to schedule a free consultation.
What Is a Birth Injury?
A birth injury is any physical or neurological harm or trauma sustained during labor and delivery. This differs from a birth defect, which is a genetic or developmental abnormality that develops while the baby is still in the womb. The difference between the two is that birth injuries can be caused by medical negligence during labor and delivery.
What Are the Common Causes of Birth Injuries?
Birth injuries may occur due to several different factors, including the following:
- Labor and delivery complications. For example, the umbilical cord may become wrapped around the baby’s neck, cutting off the oxygen supply and leading to neurological issues.
- Inadequate monitoring of the baby’s vitals. Medical professionals must monitor the baby’s heart rate and oxygen levels during labor to ensure the baby is not in distress. If abnormal heart patterns occur, but no action is taken to provide oxygen or deliver the baby sooner, this could warrant a medical malpractice case.
- Delayed or improper C-section. When labor is not progressing or the baby is in distress, both the mother and the baby may suffer injuries that could have been prevented with a timely C-section.
- Medical mistakes. Errors such as incorrect medication, improper dosage of drugs like Pitocin, or failing to act during an emergency can lead to lasting harm to the mother and baby.
How Do I Prove a Birth Injury Lawsuit?
To prove a birth injury case, you must show that negligence occurred and that it directly caused your child’s injury. This includes:
- Medical records that show what happened before, during, and after delivery
- Expert testimony from health care professionals who can explain how the care deviated from the standard
- Evidence of harm, including physical outcomes, treatment, and long-term impacts
Navigating this process on your own can be overwhelming, especially while caring for a newborn. At Gervelis Law, one of our experienced personal injury attorneys can handle every aspect of the legal process on your behalf, from collecting evidence, negotiating with insurers, and taking your case to court, if necessary.
Who Can Be Held Liable in a Birth Injury Lawsuit?
It is possible to sue a hospital for a birth injury; however, you must determine who is at fault, whether that be the hospital itself or one of its employees. In Ohio, multiple parties may share liability depending on the facts of the case.
Hospital Responsibility
Systemic issues, such as poor hiring and training practices, inadequate emergency protocols, or failure to maintain safe, sanitary conditions, often lead to preventable injuries. When they do, the hospital can be held responsible.
Doctors and Nurses
If individual caregivers, such as specific attending doctors or members of the nursing staff, failed to monitor the baby, delayed treatments, or made any dangerous medical decisions, they can be held personally liable.
Other Healthcare Providers
Other medical professionals, such as anesthesiologists or technicians, can also be held responsible. If an anesthesiologist administered the wrong dose or delayed pain relief to the mother, it could complicate the delivery and lead to serious birth injuries.
What Should I Do If I Suspect My Child Was Injured Due to Medical Negligence?
If you believe your child may have suffered a birth injury due to medical negligence, start by immediately addressing any medical concerns as soon as possible to prioritize yourself and your baby’s well-being.
Then, collect any medical records, photographs, and notes related to the birth and any injuries before speaking to a birth injury lawyer to understand your legal options. The sooner you act, the easier it will be to collect evidence and build a strong claim.
Our legal team can guide you through your case from start to finish, allowing you to focus on your family and recovery.
Get in Touch With the Birth Injury Lawyers at Gervelis Law Firm
At Gervelis Law, our dedicated attorneys will work tirelessly to uncover what went wrong and hold the right parties accountable. Our Rapid Investigation Team can be on-site within 24 hours to initiate an investigation into the incident. Whether you are dealing with a potential birth injury or devastating wrongful death, our team can take on the legal complexities of your case and seek the justice you and your family deserve.
Call 866-792-2728 or contact us online to schedule a free consultation. We proudly serve families across Youngstown, Columbus, Akron, Toledo, and all of Ohio.
