Cleveland Birth Trauma Attorneys
Top advocates for injured newborns
No one ever hopes to hire a birth injury lawyer. No parent should have the happiest day of their life ruined by medical negligence. It can be daunting to consider filing a claim against enormous medical facilities and their employed professionals. The Eisen Law Firm and its committed team of Ohio birth injury attorneys can give you the help you need. We will work tirelessly on your claim in our mission to protect your child’s rights and provide you and your loved ones with the compensation you deserve.
Does my situation qualify for a birth injury claim?
As with any medical procedure, delivering a child has risks. Even with the most experienced physician, complications can arise at any point during childbirth. Negligence on the part of medical professionals, however, is often a cause of complications, and can result in severe damage to a baby’s health.
Medical malpractice damages can include:
- Physical pain
- Emotional suffering
- Lost wages
- Medical costs
- Cost of future medical care
- Funeral service and burial expenses
Other types of damages may also be available, depending on the precise circumstances. In order to recover for any damages, however, a medical malpractice claim may be necessary.
In order to file a successful claim, the claimant must prove that:
- The medical professional/facility owed reasonable care to the newborn or mother;
- The medical professional/facility failed to provide reasonable care because of either a negligent act or a negligent omission (failure to act); and
- The newborn or mother suffered damages as a result of this failure.
When a mother is taken into a hospital for childbirth, that facility and all physicians involved have a responsibility to provide her reasonable care. Because of this, the first point is rarely disputed.
The latter two points, however, are almost always disputed. In order to effectively prove the second point, an attorney needs to rely on a medical witness — an expert in their field — to testify on the distinction between what the doctor or nurse did and what the standard practice would have been. Consider a physician, for example, who failed to notice an irregular heartbeat during contractions, leading to an insufficient oxygen supply to the child’s brain. In this case, an expert medical witness would describe standard practices and procedures that should have been used to prevent the injury. Many medical negligence lawsuits are lost as a result of an ineffective expert witness. The Eisen Law Firm avoids such pitfalls by working with a network of top-notch, reliable medical professionals, experienced in their respective fields, who routinely consult for cases.
Prevalent newborn trauma caused by medical error
In the most severe instances of medical error, grave birth injuries can occur. These include:
- Neonatal Falls
- Cerebral Palsy
- Other brain injury
- Spinal cord injury
- Brachial Palsy
Trauma to the mother includes: damage to the organs, sterility, sepsis, bleeding, and death.
But not all birth trauma injuries cause lifelong disability. Other frequent birth injuries include:
- Broken bones
- Bleeding under cranial bones
- Blood vessel rupturing
- Nerve injuries
Contact leading Ohio birth trauma attorneys for a free consultation before it’s too late
If you or your child suffered before, during, or after birth as a result of medical error by your health professional or hospital, you should seek compensation. In Ohio, you have until your child’s 19th birthday to file a claim, but it is beneficial, strategically, to file much earlier than that deadline. Contact The Eisen Law Firm today to discuss whether compensation may be available to you and your family. To schedule a free consultation, call (216) 687-0900 or contact us online.