Birth Injury Attorneys in Columbus, Ohio

Birth injuries are among the most devastating experiences a family can face. These injuries, which can occur during labor or delivery, may result in lifelong medical issues for the child, as well as emotional and financial hardships for the family. 

Whether the injury is caused by medical malpractice, negligence, or other factors, having experienced legal representation is essential. Wolfe & Mote Law Group, LLC, located in Columbus, Ohio, is committed to supporting families who have been affected by birth injuries. 

What Are Birth Injuries?

A birth injury refers to any physical harm or injury suffered by a baby during the birthing process. These injuries can range from minor bruising to severe, lifelong conditions. In some cases, birth injuries may be preventable, especially if medical professionals fail to follow proper procedures or make negligent decisions during delivery. 

While some birth injuries are accidental, others result from errors in medical judgment or improper handling. When these injuries occur due to negligence or malpractice, families may be entitled to pursue legal action for compensation.

Understanding the causes and types of birth injuries can help parents take appropriate steps to protect their child’s future well-being.

Common Causes of Birth Injuries

There are several potential causes of birth injuries, many of which stem from complications during labor and delivery. Some of the most common causes include:

• Medical malpractice: In some cases, a healthcare professional's negligence or failure to follow proper procedures can lead to birth injuries. This could include issues like failing to monitor the baby’s heart rate, misusing delivery instruments, or not addressing complications promptly.

• Improper use of delivery tools: Forceps or vacuum extractors are sometimes used to assist with delivery. If these tools are used improperly, they can cause physical harm to the baby, such as nerve damage or skull fractures.

• Delayed C-section: In certain cases, a timely C-section is necessary to prevent harm to the baby. If a C-section is delayed or not performed when needed, it can result in serious injuries like oxygen deprivation or brain damage.

• Failure to monitor fetal distress: Fetal distress, such as an abnormal heart rate, may be a sign that the baby isn’t getting enough oxygen. If A healthcare provider fails to monitor these signs closely, it can potentially lead to birth injuries like cerebral palsy or brain damage.

• Infections: Infections during pregnancy or labor can result in birth injuries. If an infection is not detected and treated in time, it can lead to complications for both the mother and baby.

• Pre-existing health conditions: Sometimes, pre-existing health conditions of the mother or baby can contribute to birth injuries. Conditions such as gestational diabetes, hypertension, or large baby size can increase the risk of complications during delivery.

Types of Birth Injuries

Birth injuries can vary in severity, with some having lifelong impacts on the child’s health and development. Some common birth injuries include:

• Cerebral palsy: Cerebral palsy is a neurological condition caused by brain damage during birth. It can result in motor control issues, speech and language problems, and developmental delays.

• Brachial plexus injury: The brachial plexus is a network of nerves that control the arms and hands. If these nerves are stretched or torn during delivery, the baby can suffer from paralysis or weakness in the arm, a condition known as Erb’s palsy.

• Fractures: Broken bones can occur during delivery, particularly the collarbone, which is the most commonly fractured bone in newborns.

• Brain injuries: Oxygen deprivation during birth can lead to severe brain injuries, including hypoxic-ischemic encephalopathy (HIE), which can result in developmental disabilities, seizures, and even death.

• Caput succedaneum and cephalohematoma: These conditions involve swelling or bleeding in the baby’s head and can occur when there is prolonged pressure during delivery, especially with the use of forceps or vacuum extractors.

• Spinal cord injuries: In rare cases, birth injuries can involve damage to the spinal cord, leading to paralysis or other serious complications.

How a Birth Injury Attorney Can Help

If you believe your child’s birth injury was caused by medical malpractice or negligence, an experienced birth injury attorney can provide invaluable support. Legal representation can help you understand your rights and pursue compensation for your child’s medical expenses, future care, and pain and suffering. Some ways a birth injury lawyer can help include:

• Investigating the cause of the injury: An attorney will thoroughly investigate the circumstances surrounding the birth injury, including reviewing medical records, speaking with medical experts, and determining whether negligence or malpractice might have occurred.

• Building a strong case: Your lawyer will gather evidence to support your claim, including expert testimony from medical professionals who can attest to how the injury occurred and whether it was preventable.

• Negotiating with insurance companies: Insurance companies often try to settle cases quickly for less money than what victims are entitled to. A birth injury lawyer will negotiate on your behalf to make sure you receive fair compensation.

• Filing a lawsuit: If a settlement can’t be reached, your lawyer will file a lawsuit on your behalf and represent you in court. They’ll fight to secure the compensation your family needs to care for your child.

• Ensuring long-term care: Birth injuries often result in long-term medical needs. A lawyer can help you make sure that the settlement or verdict takes into account not only immediate medical costs but also future care for therapy or other necessary medical treatments.

Time Limits for Birth Injury Claims

In Ohio, there are time limits for filing birth injury claims, known as the statute of limitations. For most birth injury cases, you must file a lawsuit within one year of the child’s birth or the date when the injury was discovered.

However, some exceptions may extend this deadline, such as if the injury wasn’t immediately apparent or if the injury was caused by fraud.

It’s crucial to consult with a birth injury lawyer as soon as possible to make sure that you don’t miss the deadline for filing your claim. Waiting too long to take legal action could prevent you from recovering compensation for your child’s injury.

How Wolfe & Mote Law Group, LLC Can Help

Wolfe & Mote Law Group, LLC, in Columbus, Ohio, is committed to helping families who have been affected by birth injuries. Their attorneys have extensive experience in handling medical malpractice cases and have a deep understanding of birth injury claims. 

Whether you need assistance investigating the cause of an injury, negotiating with insurance companies, or pursuing a lawsuit, the team at Wolfe & Mote Law Group is here to provide dedicated legal support.

Common Questions About Birth Injury Cases

Families facing birth injuries often have many questions about their legal rights and options. Here are some of the most common inquiries:

• What is medical malpractice in a birth injury case? Medical malpractice occurs when a healthcare provider fails to meet the standard of care, leading to injury or harm. In birth injury cases, this could involve errors such as improper use of delivery instruments or failure to monitor fetal distress.

• What damages can I seek in a birth injury case? In a birth injury case, you may be entitled to compensation for medical expenses, future care costs, lost wages if a parent needs to take time off work, pain and suffering, and emotional distress.

• How long does it take to resolve a birth injury case? The time it takes to resolve a birth injury case varies. Some cases settle quickly, while others may require litigation. Your attorney will keep you informed throughout the process.

• What if I’m not sure if the injury was caused by medical malpractice? Even if you’re unsure, it’s important to speak with an experienced birth injury lawyer. They can review the medical records, consult experts, and help determine whether malpractice was involved.