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Ohio Birth Injury Attorney
Birth injuries are life-altering for both children and parents, especially when the injuries are severe enough to cause long-term disabilities, developmental delays, or require lifelong care. If your baby was injured at birth due to a doctor's negligence, you may have a legal claim for medical malpractice.

Legally Reviewed by:
Mark S. Gervelis, Esq.
Last Updated:
- May 7, 2025
TABLE OF CONTENTS
- Common Types of Birth Injuries
- How Can a Birth Injury Attorney at Gervelis Law Firm Help?
- Our Experienced Ohio Birth Injury Lawyers
- How Can I Prove Medical Negligence Caused My Child’s Birth Injury?
- What is the Statute of Limitations on Birth Injuries in Ohio?
- What Damages Can I Seek in a Birth Injury Case?
- Why Hire a Birth Injury Lawyer?
- Contact an Experienced Birth Injury Attorney at Gervelis Law Firm Today
A birth injury occurs when a doctor causes harm to a baby during delivery. Unlike birth defects, which are conditions a baby is born with that occur in the womb, birth injuries are inflicted on the baby during the birth. In some cases, these injuries can even lead to the baby’s wrongful death.
If your child was hurt during birth, you have options. Please know that you’re not alone. An experienced Ohio birth injury lawyer can help you and your family get to the bottom of what happened, assess your child’s injuries, including the impact it’s had on you and your baby’s lives, and fight for the justice you and your family deserve.
Gervelis Law offers free, confidential consultations to discuss your child’s injury and help you understand your legal rights.
Common Types of Birth Injuries
Birth injuries take many forms, and it can be difficult to identify your child’s condition at first glance. Common conditions to look for if you suspect your baby was injured during delivery include:
- Cerebral palsy is a movement disorder that is often caused by head trauma during delivery, which can lead to muscle stiffness and spasticity, seizures, and other severe impairments
- Brachial plexus injury occurs when a baby’s neck or shoulder is stretched during delivery, harming the nerves connecting the shoulder, arm, and hand to the spinal cord. It can cause weakness, loss of sensation, and movement in the arm.
- Erb’s palsy is a common type of brachial plexus injury that happens when the pressure applied during delivery causes paralysis in the shoulder
- Fractures or various bones can also occur during deliveries, including most commonly the clavicle or collar
- Skull fractures that occur during delivery are particularly dangerous and can lead to brain damage.
- Brain injuries like hypoxic-ischemic encephalopathy occur when the brain doesn’t get enough oxygen, due to complications during the birthing process.
- Shoulder dystocia is an injury that occurs when a baby’s shoulder is trapped during birth. It can often lead to nerve damage or broken bones if not handled carefully.
Some symptoms, such as external bruising or broken bones, are visible at or shortly after birth. Other symptoms may take longer to become visible, especially cognitive conditions that can’t immediately be assessed in a newborn. Injuries such as these can lead to lifelong medical needs and financial stress on the family.
How Can a Birth Injury Attorney at Gervelis Law Firm Help?
If your child suffered an injury at birth, Gervelis Law is here for you and your family. Our knowledgeable attorneys have significant experience handling birth injury and medical malpractice cases for families throughout Ohio. We know how hard it is to deal with a birth injury diagnosis, especially when you’re focused on caring for your newborn. We work tirelessly to earn our clients’ trust by keeping you informed, handling every case with integrity, and sticking to our guiding principle: Clients’ needs always come first.
Our team of experienced birth injury attorneys will guide you through every step of the legal process by:
- Providing legal guidance and explaining relevant Ohio laws
- Collecting documentation of your claim to build a strong case
- Negotiating a fair settlement on your behalf
- Representing you in court if a fair settlement can’t be reached
We’re proud of the glowing reviews we receive from our many satisfied clients. We believe our outstanding client testimonials speak to the quality of service you can expect from our legal team. These stories reflect the care, commitment, and results we strive to deliver in every case.
Our Experienced Ohio Birth Injury Lawyers
Our Ohio law firm is made up of skilled, diligent attorneys who work hard to fight for justice for all of our clients.
Mark Gervelis
Our founder, Mark S. Gervelis, has practiced law in Ohio for nearly fifty years. He was recognized by Super Lawyers from 2007 to 2012 and, for the second time, from 2014 to 2016, an honor was granted to only five percent of eligible practicing lawyers. Attorney Gervelis’ workload is all litigation cases, and he received board certification in civil trial advocacy by the National Board of Legal Specialty Certification.
David Tschantz
Attorney Dave Tschantz has worked with our firm since 2011. He has extensive experience in cases involving complex orthopedic injuries in the spine, shoulders, and knees, brain injuries, and wrongful death. Attorney Tschantz is a lifelong Ohio resident licensed to practice in both state and federal Ohio courts.
Stephanie Mehle
Attorney Stephanie Mehle joined our office in 2015. Much of her legal career has been dedicated to representing victims of catastrophic injuries. She received her law degree and a Health Law Certificate from the University of Akron School of Law, where she also published a legal journal article concerning patients’ rights. Attorney Mehle is licensed to practice in both state and federal Ohio courts and is an active member of the Mahoning County Bar Association.



How Can I Prove Medical Negligence Caused My Child's Birth Injury?
To recover damages in a birth injury case, you must prove that medical negligence caused your child’s injury.
Medical negligence in the context of childbirth refers to a breach of your medical provider’s duty of care toward your child during birth. It can include failure to monitor fetal distress, miscommunication among your child’s medical team, delayed intervention in the event of an emergency, and other acts against your child’s best interest.
Proving the damages your family has endured is important, but it isn’t enough to win your case. To succeed, you must also show that negligence was involved. Proving negligence can be incredibly difficult without an experienced legal advocate on your side.
Having a reliable birth injury lawyer can improve your chances of getting the justice you and your family deserve. One of our trusted attorneys can use their knowledge of relevant laws surrounding medical negligence to thoroughly investigate your claim and build a strong case on your behalf.
What is the Statute of Limitations on Birth Injuries in Ohio?
You have a limited amount of time to file a lawsuit related to your child’s injury. This filing deadline is known as the statute of limitations. The statute of limitations for birth injuries in Ohio is one year after the injury is discovered. The deadline is two years from the date of death in wrongful death claims.
Once the statute of limitations has passed for your claim, you lose the right to sue permanently. Act quickly after your child is injured to avoid losing your right to compensation.
What Damages Can I Seek in a Birth Injury Case?
Birth injuries can result in crushing financial burdens that include expenses for medical care, disability accommodations, trauma therapy, and more. Some of these costs can last for a lifetime, placing a heavy financial burden on parents.
You can request two main forms of damages in a birth injury case. These include economic damages and non-economic damages.
Economic damages cover quantifiable financial losses, such as medical bills, costs of future care, and loss of income if a parent has to leave work to care for a disabled child. Non-economic damages cover losses that don’t have an exact price, such as pain and suffering.
Unfortunately, some birth injuries can end in tragic losses for families, including the wrongful death of your newborn. Damages in a wrongful death claim include economic damages such as funeral costs and non-economic damages such as grief or the pain and suffering your child endured.
It’s critical to act before Ohio’s filing deadline. Don’t miss your opportunity to sue and get justice and compensation for your losses. Talk to one of our skilled birth injury attorneys as soon as possible to determine your potential damages and file your claim.
Why Hire a Birth Injury Lawyer?
Birth injury cases are complicated, emotionally taxing proceedings. Collecting documentation of your child’s condition, proving that medical negligence caused their injury, and making a strong legal case can feel impossible on your own. Having a knowledgeable attorney on your side takes some of the burden off your shoulders, giving you more time to help your child recover.
Birth injury claims are often more legally complex than general personal injury claims. Injuries caused by a doctor’s negligence during delivery are considered medical malpractice, which is covered by a different set of laws. Building a strong medical malpractice claim requires an extensive understanding of Ohio law, which our seasoned lawyers bring to the table.
Your attorney will handle many tasks on your behalf, including investigating your claim, securing expert witnesses, reviewing your child’s medical records, and negotiating a settlement on your behalf.
Legal support for a medical malpractice claim significantly reduces stress for families already struggling with trauma. Your lawyer will fight to secure the compensation you need for medical care, therapy, adaptive equipment, pain and suffering, and other forms of trauma and financial loss caused by your child’s injury.
Contact an Experienced Birth Injury Attorney at Gervelis Law Firm Today
If your child was injured during delivery or your family suffered the wrongful death of your newborn, don’t wait to file a claim. Acting quickly can help ensure you don’t lose the right to sue for justice on your child’s behalf.
Gervelis Law is here for you when you need us most. Our firm is uniquely positioned to provide aggressive, experienced, and effective legal representation to families in Ohio who have been impacted by the trauma of having a newborn suffer injury at birth. Call 866-792-2728 or contact us online today for your free legal consultation.
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