Birth Injury Frequently Asked Questions
Ohio birth injury attorneys help to identify if a legal claim is necessary
If you suspect that your baby was injured by medical negligence, or if you are a new mother and believe you were harmed by medical errors during your pregnancy, labor, or delivery, you are likely wondering what your options are. Should you pursue a legal claim? How long do you have? How do you know if medical errors were truly the source of your baby’s injuries? At The Eisen Law Firm, our Cleveland birth injury attorneys focus exclusively on medical negligence claims. Our firm is prepared to provide you and your family with excellent legal representation to ensure you receive the compensation you deserve.
How do I know if a medical professional was negligent?
During pregnancy, labor, and delivery, there are a number of complications that may arise naturally. Therefore, it can be hard to tell when a nurse, doctor, or other medical professional has actually done something wrong. In many cases, these medical professionals tell patients and their families that a result was unavoidable—when in reality, it was entirely preventable. The only way to truly know if birth negligence has occurred is to have your case reviewed by an experienced birth negligence attorney.
What do I need to take to my first appointment with my birth negligence attorney?
During your first consultation with your birth negligence attorney, the attorney listens to your story and asks questions about your experience to gain an understanding of the potential legal and medical issues. If you have them, it is helpful to provide copies of medical records, bills, photographs, and other documentation that involves your possible claim. If you don’t have the needed documents, the attorney can assist you in obtaining them.
Do I have to go to trial?
Only a small percentage of birth negligence claims make it to the courtroom. The vast majority settle long before trial. Our attorneys are experienced negotiators and have helped facilitate many favorable settlements at conferences and in mediation. Of course, we are not afraid to take your case to trial if it is necessary to do so. Sometimes, that is the best way to secure full accountability and compensation.
How long does a birth negligence claim take to resolve?
It may take several months to a year or longer to fully resolve a birth negligence claim. The length of the case depends on many factors, including how long it takes to obtain evidence, the efficiency of the court where the case is filed, and whether the case must go to trial. Our attorneys work hard to resolve cases as quickly as possible while safeguarding your legal rights.
What types of compensation are available in a birth negligence case?
Depending on the facts of the case, several different types of compensation may be available, including:
- Medical expenses
- The cost of future medical care
- Lost wages
- Pain and suffering
- Emotional distress
- Loss of consortium
- The cost of remodeling a home (for example, installing wheelchair ramps)
- If a defendant’s conduct was especially egregious or reckless, punitive damages may be awarded
Other types of damages may also be available.
Do I have to pay for a birth negligence lawsuit?
There are no costs to you when you file a birth negligence lawsuit with The Eisen Law Firm. If you win your case, attorneys’ fees are calculated based on the amount of the award. If you lose your case, you do not owe the firm anything.
How long do I have to file a birth negligence lawsuit in Ohio?
In medical negligence claims, Ohio generally allows one year from the date the individual knew or should have known that medical negligence was the cause of injury. However, in birth injury cases involving an injured child, the one-year deadline does not start until the child’s 18th birthday.
Call today to schedule a free consultation with The Eisen Law Firm
At The Eisen Law Firm, we focus exclusively on medical negligence cases. We keep our caseload small to provide the attention and dedication you and your family deserve. To schedule your free consultation with our legal team, call 216-687-0900 or contact us online.