Columbus Birth Injury Accident Lawyer
A birth injury can bring unexpected challenges at the start of your child's life. You may have prepared for a healthy delivery only to face the reality of a birth injury that could cause long-term medical complications for your child. In addition to grief and worry, you may also face financial stress due to medical bills, ongoing care needs, and lost income.
Legally Reviewed by:
Mark S. Gervelis, Esq.
Last Updated:
- February 21, 2025
TABLE OF CONTENTS
- What Is a Birth Injury?
- Types of Birth Injury Cases We Handle
- Why Hire a Columbus Birth Injury Lawyer?
- Our Columbus, OH, Birth Injury Attorneys
- Proving Medical Negligence in Birth Injury Cases
- Why Choose Gervelis Law Attorneys for My Birth Injury Claim in Columbus?
- What Type of Compensation Can I Receive for My Birth Injury Case?
- How Long Do I Have To File a Birth Injury Claim in Columbus, Ohio?
- Steps To Take If Your Child Has Suffered a Birth Injury
- Contact Gervelis Law Firm Today
At Gervelis Law Firm, we understand the extensive toll a birth injury can take on your family. Someone else’s negligence could be the cause of your child’s injury, and you deserve to hold them accountable. Our Columbus birth injury lawyers are committed to helping families like yours seek justice and compensation after a variety of birth injuries.
What Is a Birth Injury?
A birth injury occurs when a baby suffers an injury during pregnancy, delivery, or shortly after birth. It’s different from a birth defect, which usually results from issues during fetal development.
Many birth injuries are preventable and occur because of medical errors by health care providers who deviate from established medical standards and fail to provide the accepted standard of care. Some birth injuries happen because of the baby’s size or position during delivery. However, that doesn’t mean they’re unavoidable—medical providers must still take appropriate precautions to prevent harm during a difficult birth.
Birth injuries can affect any part of the body, but they’re most common in the upper body. Common birth injuries include cerebral palsy, brachial plexus injuries, and subconjunctival hemorrhage.
Types of Birth Injury Cases We Handle
Our birth injury attorneys in Columbus represent families affected by a wide range of birth injuries. We can assist you if your child has suffered from these or other birth injuries:
- Cerebral palsy: Cerebral palsy is a neurological disorder involving damage to the parts of the brain responsible for muscle control. The condition typically results from poor oxygen supply to the baby’s brain during delivery.
- Erb’s palsy: Erb’s palsy involves weakness or lost muscle control in the arm. It occurs due to injury to the arm’s upper group of nerves.
- Brachial plexus injuries: This is a broader category of birth injuries that includes Erb’s palsy. Injury to the nerves in the shoulder may be classified as a brachial plexus injury. It occurs in one to two births per 1,000.
- Shoulder dystocia: Shoulder dystocia occurs when the baby’s shoulders become stuck during delivery. It’s particularly common in babies weighing over 8 pounds, 13 ounces.
- Hypoxic-ischemic encephalopathy, or HIE: Neonatal HIE is brain damage resulting from insufficient oxygen reaching the baby’s brain. The symptoms depend on which part of the baby’s brain is damaged, but severe cases cause cerebral palsy or cognitive impairments.
Why Hire a Columbus Birth Injury Lawyer?
Medical malpractice laws allow victims of medical errors to pursue compensation. However, malpractice insurers seek to pay victims and families as little as possible. They may use a variety of tactics to get you to accept far less than you deserve. With a Columbus birth injury lawyer on your side, you’ll have someone who knows the tactics, understands how to fight back, and is dedicated to getting you fair compensation.
The right attorney will be well-versed in Ohio medical malpractice laws and how they apply to your case. They can help you determine if medical negligence caused your child’s birth injuries and outline your legal options. They’ll investigate the incident to identify the at-fault parties, gather strong evidence, and negotiate with insurance companies on your behalf. If the insurer refuses to offer a fair settlement, your Columbus birth injury lawyer can file a lawsuit and represent you in trial. Our team has obtained many multi-million dollar settlements and verdicts for medical malpractice victims and their families, including a $7.5 million medical malpractice case result by attorney Mark Gervelis.
Our Columbus, OH, Birth Injury Attorneys
Three accomplished attorneys lead our team at Gervelis Law Firm. You’ll benefit from each attorney’s experience, knowledge, and compassion when you turn to us with your birth injury case.
Mark S. Gervelis
Attorney Mark S. Gervelis is a Board-Certified Civil Trial Lawyer and the founder of the Gervelis Law Firm. He’s been practicing law for nearly 50 years. Mark is a member of the Million Dollar Advocates Forum and was selected to Ohio Super Lawyers from 2007 to 2012 and from 2014 to 2016.
David Michael Tschantz
Attorney Dave Tschantz has over a decade of personal injury experience. As a lifelong Ohio resident, Dave is active in local legal bar associations and professional organizations, including the Mahoning Trumbull County Academy of Trial Lawyers and the Scanlon-Bell Inn of Court in Akron. His work earned him recognition as a Super Lawyer Rising Star from 2014 to 2016.
Stephanie M. Mehle
Attorney Stephanie Mehle has been representing personal injury victims at our firm since 2015. She’s active in the Mahoning County Bar Association and the Mahoning and Trumbull County Academy of Trial Lawyers. Stephanie served as Assistant Editor for the Akron Law Review before beginning her legal career.
Proving Medical Negligence in Birth Injury Cases
To recover compensation for your child’s birth injury, you must prove it resulted from medical malpractice. Therefore, you must prove a medical provider’s negligence harmed your child.
Medical professionals owe patients a duty to provide the accepted medical standard of care under the circumstances. This standard requires a health care provider to act as a reasonably competent medical professional would in the same situation. If a medical professional fails to provide this standard of care, it’s considered a breach of duty.
You must also establish that the breach of duty directly caused your child’s birth injury. Evidence that may help you prove negligence includes medical records, testimony from medical experts, and witness testimony from those present at the birth.
Why Choose Gervelis Law Attorneys for My Birth Injury Claim in Columbus?
At Gervelis Law Firm, we have helped countless families through the most challenging times of their lives. Our experience handling medical malpractice and birth injury cases allows us to provide compassionate, competent representation with your claim.
We understand the toll your child’s birth injury has taken on your family. While no amount of money can undo the damage, we can help you seek a sense of closure and justice. We’ll work with you to get the compensation your family needs to enjoy the best life possible moving forward.
Our birth injury attorneys in Columbus are here for you when you need us most. This approach has earned us positive feedback from many clients in similar circumstances:
What Type of Compensation Can I Receive for My Birth Injury Case?
You can seek compensation for any losses you or your child suffered as a result of the birth injury. These include both economic and non-economic damages, such as the following:
- Medical expenses for surgeries, hospitalizations, and ongoing care
- Rehabilitation costs for physical or occupational therapy
- Pain and suffering for both the child and the parents
- Lost wages for the work you missed to care for your child
- Your child’s lost earning capacity and opportunities
How Long Do I Have To File a Birth Injury Claim in Columbus, Ohio?
In most cases, you must file an Ohio medical malpractice claim within one year of the incident. However, Ohio has an exception for cases involving children. Thanks to this exception, the statute of limitations begins once your child turns 18. That means you’re likely eligible to file a birth injury claim until your child’s 19th birthday.
If your baby has died from a birth injury, you have two years from the child’s death to file a wrongful death lawsuit.
However, it’s always best to contact a lawyer as soon as possible after you discover your child’s injury. Evidence can become less reliable over time, so it’s crucial to build your case while it’s fresh.
Steps To Take If Your Child Has Suffered a Birth Injury
Take the following steps to protect your rights if your child has suffered a birth injury:
- Seek medical care from a different provider immediately. Follow their recommendations for treatment and follow-up appointments.
- Gather all medical records related to your pregnancy, birth, and your child’s injury.
- Consult a Columbus birth injury lawyer to explore your options and next steps.
Contact Gervelis Law Firm Today
You’re dealing with enough after your child’s birth injury. Let our birth injury law firm in Columbus handle the legal details while you focus on caring for your family. We have what it takes to get fair compensation for birth injuries in Columbus.
If you suspect medical malpractice is behind your child’s birth injury, we’re ready to support you every step of the way. Contact us online or call 866-792-2728 for a free consultation.
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