Do You Have Grounds to File a Birth Injury Lawsuit

If your baby was harmed during the birthing process, you might understandably wonder whether you have grounds to file legal action against the healthcare providers and facilities responsible for your child's treatment. It isn't always easy to know whether you have cause to seek compensation from a medical provider, but don't let that stop you from exploring your legal options in a risk-free, no-cost, confidential case evaluation setting.

Depending upon the nature of your child's circumstances, your family may be entitled to significant compensation. You don't have to know whether you have solid grounds upon which to file a medical malpractice case to schedule a consultation. The consultation process is designed to help parents clarify whether their child's harm may be legally actionable.

What Is A Birth Injury?

All too often, birth injuries and birth defects (often called congenital disabilities) get confused. Birth defects usually develop before an infant is born and usually result from genetics. These medical conditions typically cause developmental issues unrelated to substandard medical care. By contrast, birth injuries consist of structural or functional harm to an infant's body (or mother’s body) caused by adverse events during the birthing process. Birth injuries are caused by trauma, whereas birth defects are developmental and usually don't involve trauma.

Are All Birth Injuries Legally Actionable?

The short answer is no; not all birth injuries are legally actionable. Sometimes the birth injury is not significant enough to justify the filing of a birth injury lawsuit. Other times, the birth injury is a result of a known risk and is unpreventable. All birth injury lawsuits must meet certain criteria to be actionable. Namely, we must show: (1) the medical provider did not meet the standard of care while treating you or your baby; (2) this caused injury; and (3) the damages suffered are significant enough to warrant a lawsuit.

Most healthcare providers are hesitant to admit when they've made mistakes – and some are unaware of mistakes – so it isn't always easy for patients to know when they have reason to file legal action against a physician, nurse, technician, or facility. Thankfully, working with an attorney experienced in medical malpractice can help clarify what has occurred and what can be done about any harm resulting from substandard care.

Don't Wonder "What If?"

One of the reasons it is so crucial for parents of infants injured during the birthing process to explore their legal options is that wondering "What if?" can be agonizing. You may not yet know whether your child's situation is legally actionable. However, investing in a conversation with an attorney can provide you with much greater clarity and some peace of mind. If you don't explore your legal options, you may always wonder whether you could have pursued compensation and justice on your child's behalf. You may also always wonder what the truth is if you are unsure whether your child received substandard care. Getting a free case evaluation can benefit your family in more ways than one.

Preparing For A Birth Injury Legal Consultation

Preparing for a free consultation with our attorneys is easy. First, you have to call us or send us a message through our website. Then, you will speak to one of our birth injury lawyers to discuss your case.

To better ensure you use your valuable time as well as possible, write down your questions and anything else you'd like to be able to reference easily when speaking with us about your situation. All too often, people spend much of our conversation trying to remember what they want to say, and this isn't an ideal use of your energy and efforts.

If you already have your labor and delivery records and the child's medical records, great. We will be able to discuss the case in greater detail. If you do not yet have the records, don’t worry. We will talk more generally about what happened and then, if appropriate, we will work with you to get whatever data is needed.

We do not put a time limit on our consultation meetings. We listen as long as necessary to get the full picture of your medical situation and to provide you with our best advice.

Connect With An Ohio Birth Injury Attorney Today

Research scientists at the Johns Hopkins University School of Medicine have concluded that medical errors are the third-leading cause of death in the U.S. This figure does not consider all the non-fatal medical errors that occur in American hospitals and medical clinics every day. If you believe your infant's harm may have been caused by substandard medical care, you're certainly not alone, and you have every reason to be concerned.

Schedule a confidential, risk-free, no-cost legal consultation with The Eisen Law Firm today by calling 216-687-0900 or contacting us online to learn more about your rights and whether your situation may be legally actionable. If it is, your family may be entitled to significant compensation for your child's harm. You don't need to know the ins and outs of the law or how it may apply to your situation to speak with our firm.

Connect with us today, so we can clarify the truth and provide you with personalized, objective legal guidance to empower you to make informed decisions as you take your next steps. We look forward to speaking with you and hearing your child's story.