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Our Lawyers Can Answer All Your Questions About Birth Injury

Learning that your newborn has disabilities is devastating news. After the initial shock, you may be angry or wonder what happened. You may have questions about your legal rights.

The Lawrence Firm, PSC, helps families hold medical providers accountable for preventable birth injuries. Our experienced medical malpractice attorneys can address your concerns and possible legal remedies in a free consultation.

What do I do if I suspect medical negligence hurt my baby?

The doctor or the hospital will not be forthcoming with the answers you seek. If you believe your baby’s disabilities were caused by medical malpractice, trust your gut and talk to a lawyer who has specific experience with birth injury cases. The law firm will evaluate the medical records, with the help of medical experts, to determine if you have an actionable claim.

How much does it cost to hire a birth injury lawyer?

It costs you nothing upfront. The Lawrence Firm, like most birth injury firms, does not charge for the initial consultation or the case evaluation. We take cases on a contingency fee basis, meaning you do not pay any attorney fees unless we recover compensation.

How long do I have to file a birth injury lawsuit?

It depends on the circumstances. The normal statute of limitations for medical malpractice is one year from the injury. But birth injuries are different because developmental delays may not be apparent or diagnosed until the child is older.

  • In Ohio, the statute of limitations for birth injury is four years (or one year if the injury was obvious at birth).
  • In Kentucky, the statute of limitations is up to five years if the injury is discovered past the first year.

It is always best to seek legal counsel when you first suspect medical negligence. Malpractice becomes harder to prove with the passage of time.

What is a hypoxic-ischemic birth injury?

Hypoxia means insufficient oxygen. Ischemia means inadequate blood supply. The fetus gets its oxygen from the mother’s blood, by way of the umbilical cord. If that blood supply is blocked, the baby can suffer brain damage in a matter of minutes from the lack of oxygen. A hypoxic-ischemic injury is often the result of medical negligence during labor or delivery. See our white paper on hypoxic and ischemic birth injury for more detailed information. Cerebral palsy is the most common form of hypoxic-ischemic brain injury.

What is shoulder dystocia?

Shoulder dystocia is a dangerous complication of childbirth in which the baby gets stuck in the birth canal. One or both of the infant’s shoulders get wedged against the mother’s pubic bone. Inappropriate technique or force by the doctor can tear the nerve cluster in the shoulder, causing a paralyzing injury called Erb’s palsy. Mismanaged shoulder dystocia can also cause serious harm to the mother, such as rupturing the uterus. If the umbilical cord gets compressed while the infant is stuck, the lack of oxygen can cause brain injury if the baby is not freed in a timely manner.

What damages can be recovered in a birth injury lawsuit?

Caring for a child with physical disabilities or cognitive impairment can take an emotional and financial toll on families. Compensation for birth injury includes the economic damages, such as hospital bills, future medical expenses, assistive care for the child, home or vehicle adaptations, the parents’ lost wages and loss of the child’s future earning capacity. The lawsuit can also seek noneconomic damages for pain and suffering, mental anguish and loss of enjoyment of life from the physical, social and psychological impact of disfigurement or disability.

Ohio has a cap on economic damages of $350,000 or $500,000 (depending on the severity of injury). Kentucky has no caps on birth injury damages. Typically, the proceeds of a lawsuit are placed in a trust on behalf of the child.

What Other Questions And Concerns Can We Address?

Our attorneys can arrange a time to discuss your specific situation and potential legal action. As mentioned above, the initial consultation is free, and we are not paid unless you are compensated. With offices in Cincinnati and Covington, we handle birth injury claims in Ohio and Kentucky. For experienced and compassionate advocacy, call us at 800-698-4054 or contact us online.