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Can You Sue For A Birth Injury?

baby hand

Yes, you may sue if you or your child sustain a birth injury. Most birth injuries are due in part or entirely to medical malpractice (a.k.a, medical negligence). A hospital and its staff are responsible for rendering high-quality, timely medical care during your delivery. When they fail to act or underperform, and this damages you, you're entitled to compensation. If you'd like to know more about Ohio's laws regarding birth injuries and medical malpractice, keep reading below and call The Eisen Law Firm for a free consultation today at 216-687-0900.

Birth Injury Lawyers In Ohio

Birth injury lawsuits are complex legal matters. To obtain the compensation that you deserve, you need an experienced medical malpractice attorney on your side. With over 40 years of experience handling malpractice cases, The Eisen Law Firm is skilled at exposing harmful mistakes made by doctors and holding them accountable. Our skilled trial attorneys are ready to evaluate your situation, explain your legal options, and work tirelessly to help get the compensation you deserve from the medical professionals who have caused you such a tragedy. Find out more about how The Eisen Law Firm can assist you by calling 216-687-0900 or contacting us online today.

What Damages Can I Sue For?

Compensatory damages are divided into two classes: economic and non-economic. Economic damages are your expenses, such as the medical bills you have incurred already and/or will incur in the future, your past lost wages and loss of future earnings, and any out-of-pocket expenses. Non-economic damages are your emotional injuries, such as pain and suffering and emotional distress. If you believe the doctor's negligent care was grossly negligent, wanton, reckless, or malicious, then you may also sue for punitive damages. Punitive damages serve to punish the defendant and "teach the defendant a lesson" to reduce the likelihood of the medical professional performing this way again.

Generally, you may sue to recover the following damages:

For a more detailed list, consult with your attorney.

Do I Need An Attorney?

When you suffer the unfortunate experience of a birth injury, you may not realize that getting a birth injury attorney is highly recommended. After all, the fields of law and medicine are so different that you might think this sort of injury isn't protected by any law. Some may question how an attorney can help you in a medical dispute. However, it's always in your best interest to consult with an attorney when someone has caused you injury. Birth injury attorneys specialize in medical negligence, not just general personal injuries. Therefore, they're especially qualified to increase your chances of receiving financial compensation.

Sadly, you can't always expect the hospital where you delivered your child to compensate you for a birth injury without the help of an attorney. Hospitals are eager to protect their reputation. This can mean limiting the reports of injuries and medical negligence cases that are documented. It can also mean downplaying the severity of your birth trauma. Moreover, a hospital supervisor is likely more inclined to protect the doctors and their reputations than prioritize your full recovery. That's not to say that the hospital may deny all responsibility, but the dollar amount they offer you is bound to be less than what you deserve.

Regardless of whether a hospital acknowledges that its staff made errors, it's unlikely you'll hear them admit to negligence or malpractice. Instead, they'll be more likely to say that they did all they could and that the matter was out of their hands. Furthermore, you can expect the hospital’s insurance company to lowball you. Therefore, you need a qualified Ohio medical malpractice attorney who won't be intimidated by an insurance agent and will work diligently to ensure that your monetary recovery is fair and complete. Not to mention, an attorney better understands what you can and cannot be compensated for, and can better investigate the medical negligence that occurred.

What Can An Attorney Do For Me?

You'll have many advantages once you hire a qualified Ohio attorney.

Investigate

Any lawsuit or settlement requires investigation. This means getting your hands on medical records and reports, deposing witnesses, documenting physical signs of injuries, getting quotes for treatment, and more. Unless you're an expert in this area, legal professionals should perform these tasks—not laypeople. As upset as you might be, medical staff won't always take you seriously and provide you with the necessary documentation, as doing so wouldn't be in their favor. You need an attorney who knows the law well enough to not be talked down from conducting a thorough investigation.

Save You Time

Recovering from a birth injury is its own process. Most likely, you won't have a lot of time on your hands as you adjust to recuperating and parenting. Thankfully, an attorney will devote himself or herself to as many hours as are needed for your case. Hiring a legal expert saves you time because a seasoned birth trauma attorney knows what to look for, which questions to ask you and your treating medical staff, and which damages you can sue for to have a successful case. Your attorney also files paperwork on time so that you're not scrambling to do so at the last minute.

Inform You

You know you're hurt, but you may not know what to do about it. Which damages, exactly, are reasonable for you to request compensation for? How much should you request? How likely are you to receive the amount you're requesting? Also, should you take the litigation route or seek a settlement? Settlements don't mean that you're settling for inadequate compensation. Sometimes, it's in the best interest of your medical needs, time, and recovery to avoid court and take a lump sum from an insurance company.

If medical personnel caused you or your baby to suffer a birth injury, you're entitled to compensation that makes you whole and covers the costs of your damages. So, don't wait any longer. Call The Eisen Law Firm today for a free consultation at 216-687-0900 or contact us online to set up an appointment.