Cleveland Birth Injury Lawyers
Dedicated to maximum recovery for your family
The birth of a child should be a time of excitement and celebration. However, for many parents, the birth of a child is scary and traumatic when the child is injured by the negligence of medical professionals. According to Ohio’s birth injury laws, compensation is available when medical professionals breach their duties to their patients, causing injury. At The Eisen Law Firm, our Ohio birth injury lawyers work hard to ensure you receive the compensation you deserve after a devastating injury.
What are the elements of a birth injury claim?
There are three primary elements that a claimant must prove in a birth injury case. These are:
The medical professional owed a duty to the patient;
The duty was breached by the medical professional’s negligence; and
Due to this breach, the patient was injured.
All three elements must be proven for a claimant to prevail in a birth injury case. If the claimant cannot prove one of the elements, the court may dismiss the claim, leaving the claimant wholly responsible for medical bills and other expenses.
From the moment a medical professional agrees to treat a patient, that medical professional has agreed to undertake a duty to provide care that meets applicable standards of care. Generally, proving that the medical professional owed the patient a duty is relatively straightforward.
Proving that the medical professional breached the standard of care is more challenging. In almost all cases, an expert medical witness must be consulted. The expert medical witness reviews the injured patient’s medical records and other relevant documentation and gives an opinion as to what went wrong and why. Typically, no matter how bad the care, the doctors and hospitals involved will find medical experts who will say the care was appropriate. It therefore is critical for the patient’s attorneys to find top-notch experts who will not only conclude the care was bad, but who will also assist in proving it to a jury.
Showing the patient’s injuries is also often a lengthy process. The patient must show that the injuries he sustained are a direct result of the medical professional’s negligence. The defense will retain experts to say that even if the care was bad, the patient’s injuries were not preventable or were caused by something other than bad care. The patient’s attorneys must work closely with medical experts to show a direct connection between the negligent care and the injuries. This often includes the review of extensive medical records and voluminous medical literature.
Once the cause of the injuries is established, the patient’s attorneys must show the extent of the harm or damages. This itself can be difficult and time-consuming and can require the assistance of experts in various specialties, including life care planning, physical medicine and rehabilitation, vocational rehabilitation, prosthetics, neuropsychology, and economics.
What types of damages are available in an Ohio birth injury claim?
The amount of damages available in an Ohio birth injury claim varies depending on the facts of the case. However, in any case, the following types of damages may be available:
Medical expenses, such as hospital bills, specialist bills, and physical therapy bills
The cost of any future medical or nursing care that may be required, including in some cases round-the-clock nursing or attendant care
The cost of making alterations to a home to accommodate the injured individual
The cost of therapeutic devices and equipment such as augmentative communication devices or special patient lifts
Pain and suffering
Damages for loss of enjoyment of life
Lost lifetime future wages for the child
If one or both parents missed time from work to care for the child, lost wages may be sought
Parental loss of consortium
Other types of damages may also be available. An experienced birth injury attorney understands which types of damages may be pursued in each type of claim.
How long do I have to file a birth injury claim?
In most medical negligence claims in Ohio, a patient has one year from the date of the injury to file a legal claim. However, an exception applies in the case of injuries to children. For injuries to children, Ohio law provides that the deadline to file suit is the child’s 19th birthday. However, because witnesses may move away or forget important facts, and because key records may be lost or destroyed, it is best to investigate a claim as soon as possible.
If your child has been injured due to the negligence of a medical professional, trust our team to see you through
For decades, the Cleveland, Ohio birth injury lawyers at The Eisen Law Firm have been dedicated to children and families just like yours. We understand the heartbreak and pain you are suffering and stand by you every step of the way, as your advocates for justice. We work only on a contingency fee basis. You will not pay any money upfront for our services: we only earn a fee when we win. We offer a free consultation, so you can learn about your legal options. To schedule your free consultation, call 216-687-0900 or contact us online.