The birth of your child should be one of the most joyous and happy occasions of your life. Unfortunately, when medical malpractice gets in the way and your baby or you sustain a birth injury the whole situation becomes a nightmare. These injuries typically occur while the baby is in transit through the birth canal and can yield lifelong medical complications for both mother and baby. While most babies are delivered with no complications, the few that do suffer enormously as a result. When the birth injury could have been avoided and was caused due to the medical staff’s negligence, then you may be entitled to compensation.
Birth injuries can be quite extensive and for some result in high medical costs and lingering emotional/physical pain. If you or your baby sustained a birth injury due to negligence, then it’s imperative you hold the responsible party liable. Don’t wait another moment in agony and instead get in contact with a personal injury attorney. They can help you pinpoint the responsible party and assist you with filing a claim. With the help of an attorney, you can receive the compensation required to cover your damages. That way you or your child can recover from this traumatic event with ease.
Medical Malpractice Lawyer for Birth Injuries in Cincinnati, OH
Often when thinking of childbirth, we aren’t as concerned with the risks as we trust medical professionals to treat the mother and child with the utmost care. However, the Centers for Disease Control and Prevention (CDC) state that the problem is much more prevalent today than we know with 1 in every 33 babies sustaining some form of birth injury. Many of these birth injuries could have been avoided and were caused due to medical malpractice.
If you or your child sustained a birth injury because of medical malpractice, then we urge you to get in contact with Steiden Law Offices. The Cincinnati medical malpractice attorneys at Steiden Law Offices have decades of personal injury experience under their belt. We have a thorough knowledge of what ethical and legal duties doctors, nurses and other medical professionals must follow. Utilizing this knowledge and experience, our personal injury attorneys will determine the responsible party and assist you in any way we can with your claim.
You can set up your first consultation with Steiden Law Offices by calling us at . We have offices in Cincinnati and two locations in Northern Kentucky cities Covington and Florence. We accept clients in Kenton County, Boone County, Campbell County, Gallatin County, Grant County, Pendleton County, Bracken County, Robertson County, Mason County, in Kentucky, along with those who reside in Hamilton County, Butler County, Clermont County, Warren County, Clinton County, Montgomery County, Greene County, Preble County, Darke County, Highlands County, Miami County, Shelby County, Champaign County, Clark County, Brown County, Adams County, Lawrence County, and Scioto County, Ohio.
- Common Birth Injuries Due to Negligence
- Negligent Actions that Can Cause a Birth Injury
- Can I Sue My Doctor for My Birth Injury?
- What Can I Recover for Filing for Medical Malpractice?
- Additional Resources
Common Birth Injuries Due to Negligence
Birth injuries tend to allocate to two different categories. A brain injury due to lack of oxygen during childbirth or a birth injury suffered due to trauma when leaving the birth canal. Many birth injuries occur if the fetus is lying in an abnormal position in the uterus before birth.
Birth injuries can happen when the fetus is too large or small for the birth canal. However, doctors should be prepared for these circumstances by using certain techniques and tools such as a vacuum to pull the baby out. When medical personnel don’t follow all the regulations for these procedures, accidents can happen resulting in trauma to the child or mother.
Lack of oxygen during childbirth is usually linked to prolonged labor. Medical professionals should have the mother examined ahead of time through ultrasonography and prenatal assessments to determine if a caesarian section is necessary. If signs occur that the baby would require an emergency C-section, surgeons should heed these warnings and switch plans. Ignoring signs that a traumatic breach is about to occur could lead to injury.
Listed below are some common types of birth injuries:
- Cerebral palsy;
- Broken bones or bruising;
- Brachial plexus injury;
- Facial paralysis;
- Caput succedaneum;
- Injury from improper use of forceps or vacuum suction;
- Shoulder dystocia complications;
- Intracranial hemorrhage or subarachnoid hemorrhage;
- Spinal cord and cranial nerve injuries;
- Umbilical cord issues;
- Erb’s palsy or Brachial Plexus Injuries (BPI);
- Hypoxic-Ischemic Encephalopathy; and
- Vaginal birth after Caesarean Section (VBAC) complication
Birth injuries are not exclusive to only the child. Negligence during childbirth procedures can result in health complications with the mother. Some common birth injuries that can happen to the mother only include:
- Complications from anesthesia;
- Incontinence of bladder or bowel’
- Sheehan’s Syndrome;
- Failure to diagnose and treat preeclampsia;
- Pregnancy induced hypertension or high blood pressure;
- Amniotic fluid embolism;
- Impaired sexual function;
- Massive hemorrhage;
- Injuries due to an improperly performed episiotomy;
- Improper use of Pitocin; and
Negligent Actions That Can Cause a Birth Injury
It’s estimated by the CDC that nearly half of all birth injuries were avoidable in some way. Professionals can mitigate fetal and maternal risk factors if they do proper testing, monitoring and are overall thorough with their work. This collected information gives surgeons and their staff the tools they need to successfully deliver the baby. In addition, those surgeons and staff must be prepared for the procedure by having practiced it beforehand numerous times. They should also be vigilant for any risk factors that happen during surgery. Failure to recognize these risks could result in serious injury or even death to the mother or child.
Some common negligent actions by medical professionals that can cause a birth injury include the following:
- Failure to Treat Umbilical Cord Problems or Placental Abruption
- Delayed Cesarean Section Delivery
- Failure to Detect or Treat Maternal Infections
- Improper Management of Shoulder Dystocia
- Pitocin Dosing Errors
- Failure to Detect or Respond to Signs of Fetal Distress
- Excessive Force when using Forceps or Vacuum
- Failure to Regularly Monitor Fatal Heart Rate
Can I Sue My Doctor for My Birth Injury?
The U.S. National Library of Medicine defines medical malpractice as an act or omission by a physician while treating a patient that deviates from accepted practices. Birth injuries caused by negligence is a type of medical malpractice. You can choose to file a claim against your doctor, surgeon, or other medical personnel if you have significant proof that your injury was caused by their negligent actions. Before you file a claim, however, it’s highly encouraged that you hire an experienced attorney to assist with the process.
A skilled and creative personal injury attorney can assess your situation to see if you have a case. If they feel you do, then your attorney can begin collecting evidence as to why your injury was caused by the hospital staff’s negligence. They can then compile this evidence in a way it’s suitable for court and begin the filing process for you.
When filing a claim for birth injuries, you must have evidence to prove the following:
- You were a former patient of the defendant;
- Your pregnancy was being monitored or delivered by the defendant;
- The defendant didn’t uphold their standard duty of care and made a medical error; and
- That medical error resulted in harm, injury or death to the mother or child
What Can I Recover for Filing A Lawsuit for Medical Malpractice?
If the judge or jury is in your favor, then you’ll likely be given a monetary award. The settlement should cover both your economic and non-economic damages related to the birth injury. These damages can be for tangible losses such as medical bills or intangible losses such as pain and suffering. The following are some economic damages you may receive compensation for.
- Treatment costs;
- Hospital visit bills;
- Rehabilitation expenses;
- Physical therapy treatments;
- Nursing home bills;
- Prescription drugs;
- Medical equipment;
- Lost wages;
- Handicap house fixtures; and
- Increased living expenses.
In addition to economic damages, you may receive compensation for non-economic damages such as:
- Pain and suffering;
- Mental anguish;
- Loss of consortium;
- Loss of enjoyment of life; and
Mommies of Miracles — Mommies of Miracles identifies itself as “the world’s largest virtual support group for mothers of children who have medical complexities, life-limiting conditions, or developmental disabilities.” Its mission is “to eliminate the isolation mothers of exceptional needs children experience on a daily basis by providing an extended network of resources, products & services, grief support, family matching, and hope.” On this website, you can learn about different programs, find various forms of support, and access tools such as a care notebook and a resource directory.
Cause & Risk Factors of Cerebral Palsy |CDC – Cerebral palsy (CP) is one of the most common serious birth injuries that have lifelong complications. Find out more about cerebral palsy by accessing the Center for Disease Control and Prevention (CDC) site and learning about the possible causes. Access the site to learn about congenital CP, acquired CP, and how to prevent cerebral palsy in future pregnancies.
Cincinnati Lawyer for Birth Injuries in Ohio
Have you or your child sustained a serious birth injury due to negligence? Are you drowning in medical bills all because your doctor made a mistake? You should never have to suffer because of another’s negligence. If you or your child sustained a serious birth injury, we urge you to get in contact with the attorneys at Steiden Law Offices.
Eric Steiden and his staff have been serving Ohio and Northern Kentucky residents for years. He can assess your case, determine if your situation could yield compensation, and then assist you throughout the whole process. Find out more by calling Steiden Law Offices at . We practice throughout the Ohio and Northern Kentucky area including Kenton County, Boone County and Hamilton County.