Dayton Birth Injury Attorneys
An Overview of Birth Negligence Claims
If you are wondering if it is necessary to file a birth injury claim on behalf of your child, you should make an appointment to speak with one of the experienced Dayton birth injury attorneys at The Eisen Law Firm as soon as possible. Our attorneys focus exclusively on medical malpractice and birth injury cases. We identify medical malpractice that has occurred in pregnancy, labor, or delivery and take legal action against all responsible medical professionals. With more than 40 years of experience, we work hard to ensure you obtain the maximum compensation available under the law with compassion and legal know-how.
Against whom may birth negligence claims be filed?
In general, a birth negligence claim may be filed against any individual or entity that could be at least partially responsible for a baby’s birth injuries. These may include:
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Physicians, including obstetricians/gynecologists, anesthesiologists, and others
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Nurses
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Midwives
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Doulas
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Hospitals
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Birthing centers
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Medical offices
Birth negligence attorneys determine all possible avenues of liability and pursue them on behalf of their clients.
What do you have to prove in a birth negligence claim?
Birth negligence claims are highly complex legal matters. To prevail in a birth negligence claim, the claimants (usually the parents of the injured child) must show:
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A medical professional took on the duty to provide medical care to the baby that should have met the applicable standards of care;
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The medical professional breached this duty by some act of negligence; and
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Due to this breach, the patient suffered damages.
The moment a medical professional agrees to treat a patient, the duty to provide treatment that meets the applicable standard of care begins. The standard of care refers to care that a reasonable and prudent physician would have given in like and similar circumstances. Negligence refers to an act or omission that is not within the standard of care. In other words, negligence is when a healthcare provider does something that a reasonable and prudent provider would not do or fails to do something a reasonable and prudent provider would do. Administering improper medications, failing to respond to signs of an emergency, and failing to properly monitor the mother and baby are all examples of birth negligence.
As for damages, the amount available varies depending on the facts of the case. However, damages may include:
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Medical expenses, including the cost of past and future medical care
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The cost of in-home medical equipment or healthcare
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Lost wages (of the parents) or lost employment benefits
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Loss of future income for the child
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Pain and suffering
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Emotional distress
These damages can amount to millions or even tens of millions of dollars, depending on the specific injuries involved.
How long do I have to file a birth negligence claim in Ohio?
The state of Ohio generally allows one year from the date a patient knew or should have known that he or she was injured by medical negligence. However, in the case of birth injuries, this one-year deadline does not begin until the child’s 18th birthday. Therefore, the absolute deadline is the child’s 19th birthday.
However, it is better to file suit well before the deadline. Among other things, by the time a child is nineteen years old, it is much more difficult to locate medical records and witnesses that are needed to pursue a claim.
If your baby was injured at birth, contact our leading Dayton birth injury lawyers today
At The Eisen Law Firm, our birth injury attorneys focus solely on medical negligence claims and have a long track record of obtaining favorable results for families throughout Ohio. To schedule a free consultation with our attorneys, call 216-687-0900 or visit us online today.
https://www.nolo.com/legal-encyclopedia/what-the-medical-standard-care-malpractice-case.html
https://www.nolo.com/legal-encyclopedia/ohio-medical-malpractice-laws.html