Beachwood Birth Injury Attorneys
Witnessing the birth of your child is one of the most momentous occasions in a parent’s life. Sadly, many parents are forced to watch their newborns suffer as a result of medical negligence. Here at The Eisen Law Firm, we understand the awful circumstances of these cases, and our experienced birth injury attorneys will pursue any possible avenues of recovery for parents and their children in these tragic situations.
What is a malpractice claim for birth injury?
In cases of birth negligence, our lawyers must prove that a medical professional’s negligence directly caused injuries that a baby has suffered. For example, a medical professional may not have recognized signs of distress before delivery or may not have recognized a life-threatening condition in the mother during pregnancy. In the case of these and many other potential errors or omissions, a birth injury claim may be appropriate.
While birth injuries are possible during any pregnancy or delivery, they are more likely in certain situations. For example:
- The child is large
- The child is premature
- The mother is obese
- There is an unplanned Caesarean section
- The baby is breech
- Vaginal birth is made difficult by the size or shape of the mother’s pelvis or birth canal
- Devices like a vacuum or forceps are used to assist delivery
Birth injury claims
To achieve a successful outcome in a birth injury claim, a plaintiff must show that:
- The medical professional had a responsibility to provide reasonable care to the victim;
- The professional did not fulfill their responsibility but instead acted negligently; and
- The victim suffered damages due to this negligence.
While the first element is rarely contested, the second and third elements are often difficult to prove. To demonstrate a failure to fulfill a medical responsibility, lawyers at The Eisen Law Firm consult with expert physicians at the top of their field to explain how a reasonably careful physician could have and should have prevented the injuries sustained to the baby. It is crucial to work with highly experienced physicians as expert witnesses, as most losses in medical malpractice cases are due to a failure to obtain effective expert testimony.
To prove damages, the victim must establish a clear link between harm to the victim caused by the medical professional and the recovery sought. In demonstrating this link, our attorneys believe in leaving no stone unturned. Our methods include:
- Deposing medical professionals involved
- Gathering audio and video footage
- Examining autopsy reports, if necessary
- Taking personal statements and affidavits
- Consulting medical experts, publications, textbooks, and other literature
- Examining in excruciating detail medical bills and records
Do I need a birth injury attorney?
Birth injury negligence claims are very complex. They require a deep understanding of Ohio law, as well as a breadth of knowledge about neonatology, obstetrics, pediatric neuroradiology, and placental pathology. In addition, birth injury lawyers must understand the disabilities suffered by children with brain damage from a birth injury and how those disabilities may affect the child for the rest of the child’s life. Our birth injury lawyers have a network of reliable medical experts to consult on your specific case and research tools to improve your claims. Our birth injury attorneys also have knowledge of and experience with the convoluted system Ohio has in place for filing and pursuing claims of birth negligence. A claimant without an attorney risks losing their rights and entitlement to fully recover damages for their injuries.
The system is complicated. We can help.
Our medical malpractice attorneys work with diligence and compassion to ensure that you obtain the maximum available compensation. To discuss what opportunities may be available to you, contact The Eisen Law Firm at 216-687-0900 or contact us online for a free consultation.