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Labor and Delivery Malpractice Cases
Ohio and Kentucky Birth Injury Attorneys for Medical Negligence During Childbirth Claims
Childbirth is an extremely important and delicate process. It is also meant to be a joyful moment for mothers and their families. However, the joy of childbirth can very quickly turn to horror, shock, and grief when something unexpected happens in the delivery room and causes birth-related injuries. Sometimes, these birth injuries are unavoidable, while other times, they are due to a healthcare provider’s negligence. When medical negligence occurs during the labor and delivery process, both the mother and the child may suffer lifelong injuries or even death as a result, potentially leading to a birth injury case.
Medical malpractice can take the form of medical error or neglect, and the aggrieved patient and their family may be entitled to compensation if they were the victim of labor and delivery malpractice. If you, your child, or a loved one received a birth injury due to the negligence of a medical professional, you may have a birth injury medical malpractice claim on your hands.
Medical malpractice cases of all kinds, especially those involving labor and delivery malpractice cases, are often very complex. These cases require a thorough analysis and extensive evaluation of hundreds of pages of medical records and standard protocols. That is why it is important that you obtain the help of a team of lawyers experienced in medical malpractice law and birth injury lawsuits.
At TLF, our practice is made up of both Kentucky medical malpractice attorneys and Ohio medical malpractice attorneys who are skilled in achieving financial compensation for those who have been affected by birth injuries due to negligent medical care. To speak with an experienced medical malpractice attorney at our law firm, call us toll-free at (800) 698-4053 or complete our online claim form today for a free consultation.
Can You Sue a Hospital for Birth Injury?
It’s important for victims and their families to understand when a birth injury claim is warranted. For example, there is a difference between a birth defect and a birth injury. Just because your child was born with apparent injuries and/or birth defects does not always mean it was a direct result of medical negligence. A birth defect is often unavoidable and typically results from genetic or environmental factors, whereas a birth injury is caused by medical negligence during labor or delivery.
In other words, your obstetrician and other healthcare providers involved in the birthing process are responsible for monitoring the status of both mother and baby during labor and delivery. Failure to identify and address any problems that may arise can lead to a medical error affecting either or both mother and baby, which is considered medical negligence and provides grounds for a birth injury lawsuit against the responsible medical professionals.
Preventable birth injuries caused by the negligence of a healthcare professional can be devastating. In cases where these injuries could have been avoided by following proper procedures, those who are responsible for the birth trauma can and should be held accountable and the victims compensated for the harm caused.
Medical Negligence Childbirth Lawsuit
In order for a labor and delivery malpractice lawsuit to be successful, certain elements must first be proven. First, you must establish the appropriate medical standard of care that should have been applied in the situation. To do so, your birth injury lawyer may compare the actions of the defendant (the medical personnel responsible for the injury or death) to those of other medical professionals with similar skills and training and in a similar setting. A qualified medical expert may be called to testify to the proper standard of care that should have been applied.
Once the standard of care is established, the courts must measure the health care provider’s actions against this standard. It must not only be proven that there was a clear breach of medical duty but also that this breach or deviation from the applicable standard of care directly resulted in physical injuries or wrongful death to the mother and/or child.
If there was nothing the health care professional could have done that would prevent the harm that occurred, there is no legal causation and the birth injury lawsuit cannot progress any further. However, if the deviation of care is what led to the mother or baby’s injury or death, the victims or their families may sue the responsible party for their misconduct. From here, the court must identify and calculate the appropriate amount of damages to be awarded to the plaintiff.
How Long After Birth Can You Sue for Malpractice?
In both Ohio and Kentucky, there are specific time limits for filing a birth injury malpractice lawsuit. In Ohio, the statute of limitations is typically one year from the date the malpractice occurred or was discovered, but if the child suffered injuries, they have until one year following their 18th birthday to file a claim. In Kentucky, parents generally have one year to file a claim, but if the birth injury malpractice involves a child, the statute of limitations also extends to one year after they turn 18.
What Damages are Available in a Labor and Delivery Malpractice Case?
In a birth-related medical malpractice case, there are several types of damages that may be awarded to the plaintiff for the losses they may have suffered. These include both economic damages and non-economic damages.
Economic Damages for Birth Injury Cases
Economic damages may also be referred to as “special” damages. These are damages that can provide an exact calculation of the financial losses incurred as a result of the medical negligence. This includes lost wages and future earning capacity, the medical expenses attributable to the treatment required due to the health care provider’s error (such as costs for therapy, medication, emergency surgery, hospital fees, medical equipment, etc.), and other financial damages caused by medical negligence. The amount of wages and employment benefits you’ve lost, as well as what you stand to lose in the future, are included in lost income and lost earning capacity.
Non-Economic Damages for Birth Injury Cases
When a patient is injured by substandard medical care, their physical pain and suffering, as well as any mental and emotional impact, will be calculated as non-economic or “general” damages. These are more subjective elements of the case; things like pain and suffering, mental distress, loss of enjoyment of life, permanent disability, and loss of consortium are all types of non-economic damages that may be awarded in a birth injury medical malpractice lawsuit.
It’s not always simple to translate a plaintiff’s grief and suffering into a monetary value, but some variables count more heavily than others. Your medical malpractice legal team must work hard to identify and establish the appropriate amount of non-economic damages that should be included in your compensation.
Common Labor and Delivery Malpractice Cases
Unfortunately, labor and delivery malpractice cases are not uncommon. Things like failure to perform a C-Section, brain and whole body cooling errors, nurse-midwife errors, perinatal stroke malpractice, the umbilical cord wrapped around the baby’s neck, and more may all lead to injuries that warrant these types of cases. At TLF: The Medical Injury Law Firm, our birth injury attorneys have handled our fair share of malpractice claims, and we’ve been able to help victims obtain compensation for a number of different types of birth injuries and disabilities.
Common Birth Injuries to Child
When a child’s birth injury is the result of medical negligence, the consequences can be life-changing for both the child and their family. Understanding the types of injuries that can occur during childbirth is essential for recognizing whether malpractice played a role. While the average medical malpractice payout for birth injury cases can vary, the severity of these injuries often leads to significant financial compensation.
Below is a list of common birth injuries affecting the child that may result from medical errors during labor and delivery.
Cerebral Palsy
Cerebral palsy is a neurological disorder characterized by a disorder of movement, muscle tone, or posture that results from damage to the developing brain and can affect a person’s ability to control their muscles. According to the Centers for Disease Control and Prevention (cdc.gov), “the abnormal development of the brain or damage that leads to cerebral palsy can happen before birth, during birth, within a month after birth, or during the first years of a child’s life, while the brain is still developing.”
When a child is diagnosed with cerebral palsy, they will often need ongoing medical care and financial assistance throughout their life. If this condition was the result of the negligence of healthcare providers, families may be able to file a cerebral palsy lawsuit to recover compensation for medical costs and other damages related to their child’s condition.
Brachial Plexus Injury (Erb’s Palsy)
The brachial plexus is a network of nerves located around the baby’s shoulder, responsible for controlling movement and sensation in the arm. During delivery, this delicate set of nerves can be damaged due to problems with the baby’s posture during delivery, pressure on the baby’s arms, excessive pulling, too much force, or improper handling or stretching of the baby’s shoulders.
Damage to the brachial plexus may lead to weakness, loss of mobility, or even paralysis in the affected arm, known as Erb’s palsy. In such cases, families may pursue a brachial plexus lawsuit to seek compensation for the harm caused.
Fetal Distress
Fetal distress can occur when a baby’s brain is not receiving enough oxygen through the placenta during labor. If health care professionals fail to properly monitor for signs of fetal distress and take immediate action, the baby may inhale amniotic fluid containing fecal matter (meconium aspiration syndrome), leading to serious breathing difficulties after birth or even respiratory failure. If left untreated, fetal distress can result in long-term health complications or life-threatening conditions.
Hypoxic/Ischemic Brain Injury
Cerebral hypoxia, or oxygen deprivation, and ischemic brain injuries caused by a lack of blood flow during delivery can lead to permanent brain damage. Hypoxic-ischemic brain injuries can be caused by several factors during labor and delivery, including prolonged labor, umbilical cord complications, placental abruption, or a delayed cesarean section. These injuries may cause lifelong mental disability or, in severe cases, lead to the death of the baby or mother.
Shoulder Dystocia
Shoulder dystocia occurs when a baby’s shoulders fail to follow the baby’s head through the birth canal during labor and delivery. In these instances, the head is able to breach the mother’s pelvis, but one of the shoulders is essentially stuck. If proper action is not taken, a shoulder dystocia birth injury can be extremely damaging to the mother and disabling to the baby.
Bone Fractures
Bone fractures are among the most common birth injuries in newborns, often occurring due to the physical stress of delivery. The collarbone (clavicle) and upper arm (humerus) are particularly susceptible to fractures during a difficult or complicated birth. These injuries can happen when excessive force is applied to the baby’s shoulders or arms during delivery, especially in cases of shoulder dystocia or prolonged labor.
Spinal Cord Injuries
Spinal cord injuries in babies can also occur when medical professionals apply excessive force or improperly handle the baby during delivery. These injuries are often the result of negligence, such as improper use of forceps or failure to perform a timely cesarean section in high-risk situations. Spinal cord injuries can cause permanent paralysis or other lifelong disabilities, making it essential for families to seek justice through a medical malpractice claim when these preventable injuries occur.
Common Birth Injuries to Mother
Mothers can also experience various complications during childbirth caused by medical negligence. Here are some of the most common birth injuries mothers may experience due to medical errors during labor and delivery.
Preeclampsia
Many pregnant women are at risk of developing dangerously high blood pressure leading to conditions known as preeclampsia or pregnancy-induced hypertension (PIH). When doctors fail to recognize the symptoms of pregnancy-induced hypertension and preeclampsia, both mother and child are put at risk.
Uterine Rupture
A uterine rupture is a serious childbirth complication that can occur during vaginal delivery when the uterus tears open and the baby slips into the mother’s abdominal cavity. If health care professionals fail to recognize the signs and symptoms of uterine rupture, itcan be life-threatening, leading to severe blood loss in the mother and the potential suffocation of the unborn child
Sepsis
A sepsis infection is a bacterial infection in the bloodstream that may occur after performing a cesarean section surgery. Delays in recognizing and/or failure to treat sepsis can often result in permanent injury or death.
Internal Organ Damage
During a cesarean section, surgeons may act negligently and damage the mother’s internal organs. This can potentially lead to permanent physical impairment and death.
Problems with Anesthesia
Anesthesia mistakes can lead to things like low blood pressure, insufficient blood flow, lack of oxygen to the brain, and more. These errors can lead to permanent brain damage or even death.
If Birth Injuries Occur from a Health Care Provider’s Negligence, Call the Birth Injury Attorneys at TLF Today
If you’ve been physically, mentally, or financially affected by medical misconduct that occurred during the birthing process, you have a right to take legal action to hold the responsible medical professional accountable and receive compensation for your losses. At TLF: The Medical Injury Law Firm, our Covington and Cincinnati birth injury attorneys recognize the significant impact that wrongful birth injuries can have on you and your child’s life. As a result, we not only fight to make sure families affected receive compensation for things like medical bills and lost wages, but we also fight for compensation for the emotional injury that most birth injuries often cause.
If you or your child received a wrongful birth injury in Ohio or Kentucky, we invite you to reach out to our experienced medical malpractice and personal injury lawyers in Covington and Cincinnati. Once we establish a formal attorney-client relationship, we will get straight to work on analyzing and researching your case, gathering all of the necessary evidence and documentation, calculating your damages, consulting with medical experts, and making sure we get the lawsuit filed in a timely manner.
For a free case review, call the skilled birth injury attorneys at TLF today. You can reach us at our Kentucky law office at (859) 578-9130, our Ohio law firm at (513) 651-4130, or toll-free at (800) 698-4053. You can also get in touch by filling out our online form.
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We are happy to offer a free consultation to evaluate your case. If you hire us as your legal counsel, we will represent you on a contingency-fee basis. You will pay no attorneys’ fees unless we recover financial damages.