How Do You Prove A Birth Injury?

A birth injury is any injury that occurs to you or your newborn during or soon after giving birth. It is also known as birth trauma. Usually, a birth injury is the fault of a doctor's negligence. Yet, you can look forward to an uphill battle when trying to prove that a doctor is to blame instead of you.

But you should always trust your gut as a parent. You're entitled to relief if a birth injury occurred, so don't sleep on your rights. Call (216) 687-0900 or contact us online to speak with The Eisen Law Firm's birth injury attorneys. We are compassionate, knowledgeable Ohio attorneys who'll represent you diligently.

What Is Medical Negligence?

Medical negligence occurs when medical staff underperforms, fails to take action that should've been taken, or takes action that shouldn't have been taken. This sort of negligence happens more often than you’d expect; doctors mix you up with another patient, neglect to read over your list of allergies, don’t inquire about whether you're on any medication, fail to communicate clearly with other hospital personnel, operate on the wrong body part, and the list goes on.

To prove medical negligence in Ohio, you must show that:

• The doctor owed you a duty, meaning, he or she was, in fact, your doctor;
• The doctor breached a duty of care, or the doctor failed to meet the standard of ordinary skill, care, and diligence common to the profession; and
• The doctor's breach caused you (or your baby) to sustain actual damages.

Birth Injury Signs

You may not realize right away that a birth injury has happened, especially if it happened to your baby instead of you, because hospital staff whisked the baby away after birth. Not to mention, to save face and cover themselves, staff may downplay the seriousness of your baby's injury so that you don't realize medical treatment is necessary. Some signs of a birth trauma are:

• Shortness of breath or struggles breathing
• Low heart rate
• Motor skill development delays
• Seizures
• Incessant crying and incessant irritability
• Fractures (particularly shoulder or skull)
• Speech development delays

Do I Need An Attorney?

It's always in your best interest to hire a legal expert to represent you. At The Eisen Law Firm, our seasoned Ohio birth trauma attorneys have overseen countless cases such as yours. Hardly anything surprises us. We know how to investigate your case thoroughly, how to question your treating physician to prove negligence occurred, and more. Not to mention, we always strive to provide compassionate support.

Hold Medical Staff Accountable

Naturally, a hospital will argue that any injury that occurred is your fault or would've occurred regardless of what the doctors or nurses did. You need an attorney who will speak with a birth injury specialist and gather evidence that links your birth injury to the doctor's action or inaction. You may be pressured to accept whatever the doctor says as the truth, but keep in mind that even a medical professional may downplay negligence or possibly even lie to avoid liability.

Inform You

Whether you want to sue, accept a settlement, or let the matter go is all up to you. However, you should still know your rights. You can only decide that's best for you when you know what your options are. In some instances, taking a lump-sum settlement may save you from the stress of years of litigation and a lengthy trial, especially if your birth injury is significant and juggling it and your case are too time-consuming. On the other hand, you may want to sue for punitive damages if you believe that your doctor's action should be punished because they were malicious or grossly negligent.

Ohio Birth Injury Lawyer

Birth Injury cases based on surgical mistakes are incredibly complex, so you will want a skilled medical malpractice attorney to help you understand your rights and guide you through the process comfortably. The Eisen Law Firm has spent more than four decades focusing exclusively on fighting for victims. We know how to hold careless doctors responsible and make them (i.e., their insurance companies) pay for the harm that they have caused. We will help get you the financial compensation and justice you and your family deserve. To set up a free consultation, call 216-687-0900 or contact us online to speak with the knowledgeable birth injury attorneys at The Eisen Law Firm.