Cleveland Heights Birth Injury Attorneys

Dedicated attorneys with a track record of success

At The Eisen Law Firm, we know hiring a Cleveland Heights birth injury attorney was something you hoped you would never have to do. Witnessing your baby’s injuries is a frightening, traumatic experience. Pursuing a claim against a medical professional or medical facility is overwhelming and daunting, especially when you are caring for an injured baby. As soon as you retain our firm, we immediately begin working on your claim to protect your baby’s legal rights and ensure that your family obtains the compensation you need to care for your baby’s lifetime needs.

What is a birth injury claim?

Although childbirth is a natural process, it is not without risks. There are a number of complications that may arise before, during, and after a child is born. When the negligent acts or omissions of a medical professional or medical facility contribute to these complications or injuries, a medical malpractice claim may be appropriate.

There are three elements that a plaintiff in a birth injury case must prove:

• The medical professional owed a duty to the injured patient;
• The medical professional breached this duty with a negligent act or omission; and
• Due to this breach, the patient was harmed and suffered damages.

Each of these elements must be adequately supported by objective evidence for the claim to proceed. Without one of the elements, the claim will fail and the victim will not be entitled to any damages.

It is typically easiest to prove the first element, that there was a duty owed to the patient. When a patient consents to medical treatment, the medical professional takes on the duty to provide quality medical treatment.

The second and third elements are generally where the parties disagree. To argue that the medical professional breached the standard of care, an expert medical witness in a related field must testify about the applicable standard of care and how that standard of care was breached. For example, consider a physician that failed to properly monitor a baby during the labor process. The baby is injured during birth. Another physician experienced in delivering babies would need to explain how the physician should have and could have prevented the baby’s injuries.

As for damages, the plaintiff must demonstrate a clear link between the harm the defendant medical professional caused and the recovery sought. For example, if the plaintiff is seeking reimbursement for medical expenses, the plaintiff must provide medical bills and medical records that lay out these costs. If the plaintiff seeks money to cover future medical care, the plaintiff must demonstrate through expert testimony what care will be required and how much it is likely to cost.

What do birth injury attorneys do? How are they able to help me?

Birth injury negligence attorneys hold medical professionals accountable when they injure patients. Birth injury negligence claims are complex and require a detailed understanding of Ohio law and of several areas of medicine, from obstetrics to neonatology to pediatric neuroradiology. Birth injury attorneys have a reliable network of experts they may consult throughout a case, and they also have access to research tools that help them strengthen their claims. Additionally, birth injury attorneys are aware of all of the deadlines Ohio has in place for filing and pursuing medical negligence claims. Without an attorney, a claimant risks losing the right to fully recover damages to which he or she may be entitled.

Contact our Cleveland Heights birth injury attorneys today to learn about your legal options

If your child was injured by the negligence of a medical professional, you need to learn your legal options as soon as possible. To schedule a free consultation with our experienced Cleveland Heights birth injury attorneys, call 216-687-0900 or contact us online.