Toledo Birth Injury Lawyer

Birth injuries have devastating long-term impacts on children and families. As parents cope with changes to how they envision their child’s future, medical bills pile up, and families must deal with the possibility of needing costly long-term care.

If you’re dealing with a birth injury and you believe medical negligence may have played a role, legal recourse may be available. A Toledo birth injury lawyer from Gervelis Law Firm can answer your questions.

What Is a Birth Injury?

Birth injuries may result from the following:

• Delayed Cesarean sections: The delivery team is responsible for determining when a C-section is necessary. Delaying that decision can deprive the child of oxygen and cause brain damage.
• Improper device use: Forceps and vacuum extraction can reduce the risk of complications in difficult births, but errors can cause severe injuries. Incorrect vacuum or forceps use can fracture the skull or cause bleeding in and around the brain.
• Oxygen deprivation: Errors in delivery can result in the baby not taking in enough oxygen. This condition can lead to hypoxia, a partial loss of oxygen to the vital organs, or anoxia, a complete lack of oxygen delivery. Both can lead to organ failure or neurological disorders.
• Failure to monitor: During labor and delivery, the care team monitors the baby’s heart rate and the mother’s contractions. If the baby experiences distress and the team has not monitored the birth correctly, they may not act in time to avoid injury.
• Medication errors: Certain medications can pose a high risk of birth injury if the mother takes them during pregnancy or childbirth. Improper dosing or timing can increase these risks.

Birth injuries often happen due to preventable medical errors. If you believe your child’s condition resulted from a provider’s negligence, Gervelis Law Firm can help.

Gervelis Law Firm Here For You
When You Need
Us Most.

schedule consultation

Common Types of Birth Injuries We Handle

At Gervelis Law, we help families deal with the fallout of multiple kinds of birth injuries, including the following:

• Cerebral palsy
• Erb’s palsy
• Brachial plexus injuries
• Hypoxic-ischemic encephalopathy, or HIE
• Birth trauma
• Neonatal jaundice
• Fractures and shoulder dystocia
• Brain damage and developmental delays
• Wrongful death

If you might have a cerebral palsy birth injury lawsuit or other type of birth injury case, our team is here for you.

Why Choose Gervelis Law for Your Toledo Birth Injury Case

At Gervelis Law Firm, we understand how deeply a birth injury affects a family. We approach each case with compassion and empathy, advocating tirelessly for our clients’ rights.

We do everything in our power to secure maximum compensation for your child’s birth injury. That compensation may include but is not limited to medical expenses, lost wages, and future care costs.

Our skilled personal injury attorneys have experience handling complex birth injury cases and have a strong track record of favorable verdicts. In one case of medical malpractice in Ohio, attorney Mark Gervelis obtained a settlement of $75 million for the affected client.

Our Toledo, OH, Birth Injury Attorneys

Whoever you work with at Gervelis Law, your birth injury attorney in Toledo, OH, brings expertise and understanding to your case. Our team includes the following attorneys:

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 practice 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.

Our attorneys enjoy the support of a skilled team that shares their commitment to justice.

Who Can Be Held Liable in a Birth Injury Case in Toledo, OH?

Health care providers and facilities are responsible for providing high-quality, attentive care during birth and can be liable if they fail to provide the accepted standard of care. The following parties may be responsible for a birth injury:

• OB-GYNs and Other Doctors: If your physician neglected to follow standard medical procedures or failed to notice signs of distress
• Nurses and Hospital Staff: If clinical staff neglected your care or failed to monitor you during labor and delivery
• Hospitals and Other Medical Facilities: If understaffing, lack of training, or negligent care contributed to the birth injury

If you believe one or more of your health care providers acted negligently, talk to a personal injury attorney at Gervelis Law Firm.

How a Toledo Birth Injury Lawyer at Gervelis Law Can Help You

The attorney team at Gervelis Law will investigate your case thoroughly to determine whether negligence occurred and what compensation is available.

We start by researching your medical records and history, looking for signs that should have prompted a health care provider to take action. We also consult medical experts to learn more about your child’s condition and what might have caused it.

Once we have all the information we can gather, we negotiate with hospitals and insurance companies for a fair settlement. If their offer is not what you deserve, we will file a birth injury lawsuit and pursue maximum compensation. We are committed to keeping you informed throughout the process.

Our trusted birth injury attorneys have made a difference in the lives of many Ohio families. We are proud to have earned these client Reviews:

“My son was born with multiple disabilities. Taking care of him, we realized that he had a medical malpractice issue. We asked family and friends and were referred to Attorney…

Pearl P.

“Great people to work with. They really make sure to give their clients the best options and had my best interest. Definitely recommend.”

Myah S.

“I’m satisfied with the outcome of my case. Dave Tsants and Lisa Inhouse put ALOT of time and effort into my case. I appreciate everything the both of them have…

Kelly H.

Compensation Available for Birth Injury Cases in Toledo, OH

The law offers compensation for birth injuries in Ohio, and the amount of which depends on the injury and its long-term effects. Damages may include:

• Medical expenses: Past and future costs of treating the child’s physical conditions and related injuries to the mother
• Lost wages: Potential working time lost to caring for a child with special needs
• Lost earning capacity: Loss of the child’s future earning ability
• Pain and suffering: Physical and emotional distress related to the injury or the fallout, including grief over hopes for the child
• Loss of consortium: The loss of emotional and physical benefits of a relationship, such as the companionship and aid an adult child would have provided without the injury and resulting condition
• Cost of future care: Special education, assistive devices, therapy, custodial care, etc.

Your birth injury lawyer can help you determine damages in your case.

Ohio’s Statute of Limitations for Birth Injury Claims

The statute of limitations for an Ohio birth injury lawsuit differs from other personal injury claims. Although the Ohio personal injury statute of limitations is two years, parents have only one year to file lawsuits for birth injuries.

That year starts when the family discovers that medical negligence may have occurred. While some birth injuries are apparent immediately, others take months or years to discover. When you suspect medical negligence, act quickly to protect your legal rights.

There is one notable exception to the statute of limitations. The time doesn’t begin to run for minors until they reach age 18. Thus, the child has until their 19th birthday to file suit on their own behalf.

Proving Medical Negligence in Birth Injury Cases

Medical professionals have a duty of care to treat patients skillfully and deliver the accepted professional standard of care to avoid preventable harm. If a health care provider or staff member neglects that duty, either by action or lack thereof, the law considers them to have breached their duty.

When that breach of duty leads to patient harm, the provider or their employer may be guilty of medical negligence. To prove negligence, the patient or their representative must submit objective evidence that the provider’s breach directly caused the injury, illness, or death. That evidence may include the following:

• Medical records
• Test results
• Expert testimonials
• Witness reports
• Medical bills
• Hospital policy documentation
• Video evidence of outcomes

Part of your attorney’s job is identifying and securing available evidence to prove your case.

Contact Gervelis Law Firm Today

At Gervelis Law, our skilled attorneys and legal team are here to make the best case possible for your birth injury claim. If you believe medical negligence may have caused such an injury, call Gervelis Law Firm today at 330-533-6565 or contact us online for a free consultation.