Filing A Birth Injury Suit In Ohio

If a doctor dropped your baby during delivery, you should speak to a medical malpractice lawyer. They will help you understand your legal options and rights and can file a lawsuit or insurance claim on behalf of your child and your family. The Eisen Law Firm has a wealth of experience helping injured individuals get the maximum possible monetary compensation in injury claims. We have significant experience handling dropped baby cases, including both six and seven-figure results. We will be there for you, just like we have been for our other parents of newborns who were dropped. When you are ready, get in touch with The Eisen Law Firm for a free consultation by calling (216) 687-0900 or contacting us online.

Having a baby should be one of life's greatest moments. However, sometimes things go horribly wrong. If your baby was injured during delivery, you should know your rights. You may be eligible for financial compensation needed for your child's medical needs, both now and in the future.

When Can I File A Birth Injury Case?

If your child has sustained injuries during childbirth, you have a limited time to file your lawsuit. This is known as the statute of limitations. Medical malpractice cases have a one-year statute of limitations. Most medical malpractice cases must be filed within one year. However, in the case of filing a suit on behalf of a minor, you have one-year from the time that minor ages into majority. In Ohio, this means one year from their 18^th birthday. The timing of when to file your suit is a strategic decision that should be made in consultation with your medical malpractice attorney.

In a birth injury case, the plaintiff must present evidence that negligence on the health care provider's part caused an injury or death to the baby. If the baby dies due to negligence, the lawsuit will include a claim for wrongful death. The wrongful death claim must be filed within two years of the date of death. Negligence during labor, delivery, or the first few hours after birth can take many forms and can cause varying types and degrees of injury. The legal rules around birth injuries can be confusing. Talking with a birth injury lawyer will help you understand the steps in a birth injury lawsuit.

What Are The Steps To Filing A Birth Injury Action?

It is crucial to get a Birth Injury Attorney involved early on to review your case. They can gather the key medical records, which may include records of both the delivery and of prenatal care. Experts in the appropriate medical specialties will then review the records to determine if any of the healthcare providers were negligent. Expert support and testimony will later be required if the case is filed in a court of law.

To win a birth injury case, you must prove that your child's injuries or death were caused by medical negligence. To prove negligence, you will need to gather information about the events leading up to, during, and immediately after the delivery. Additional prenatal care records may be required if there were any issues during the pregnancy, along with the child's medical records after birth to show their injuries and treatments.

If you cannot resolve the claim pre-suit, the next step is to file a lawsuit in court within the time limit specified under Ohio law (the “statute of limitations”). Your attorney will file the Complaint, which begins the case. You (acting on behalf of your injured child) will be the plaintiff, and the doctor and hospital being sued will become the defendants.

The Complaint will be accompanied by an "Affidavit of Merit" according to Ohio Rule of Civil Procedure 10(D)(2).The Affidavit of Merit is a statement from a licensed healthcare professional declaring that they:

• Have reviewed all records available to the plaintiff,
• Are familiar with the medical standard of care that applies to the plaintiff's treatment,
• Believe the standard of care was not met, and
• Believe the plaintiff was injured as a result.

If a birth injury complaint is not accompanied by an Affidavit of Merit (or a motion requesting additional time), the case will be dismissed.

After the Complaint and Affidavit of Merit are filed, the defendant will have time to respond to the Complaint. The court will then issue a case management schedule that includes dates for completing discovery, mediation, and trial.

During the "discovery" period, the parties will gather information via written questions and requests for documentation. Additionally, the parties will be allowed to take depositions of any parties and witnesses to the events. Depositions are oral question-and-answer sessions, where the attorneys get to ask questions of any witnesses. These information-gathering tools provide more in-depth knowledge to support your negligence case.

After discovery is completed, the parties may engage in settlement negotiations to try to resolve the case before the trial date. Most cases end in settlement, which is an agreed amount of money being paid by the defendant to the plaintiff. Settlements are often reached because trials are time-consuming, costly, and risky to all the parties.

In some circumstances, however, a settlement is not agreed upon, and the case moves on to trial. During a trial, a jury will hear testimony from witnesses and render a verdict on whether the defendant was negligent. If the defendant is found to be negligent, the jury will decide what injuries were caused by the negligence and how much compensation should be paid to the plaintiff to make up for the injuries and losses caused by the negligence. This award of compensation can include both economic and non-economic damages.

What Damages Are Available?

In Ohio, plaintiffs can recover economic and non-economic damages. Economic damages include current and future medical expenses and lost earning capacity. Non-economic damages include pain and suffering, mental anguish, loss of ability to enjoy the pleasures of life, disfigurement, and any other intangible losses.

You should not be left uncompensated if medical professionals were negligent. If your baby's delivery led to your newborn being injured, contact our Birth Injury Attorneys today for a free consultation. You will not pay any money upfront for our services; we only earn a fee when we win for you. Call us today at (216) 687-0900 or contact us online.