Frequently Asked Questions about Birth Injuries in Ohio
At The Eisen Law Firm, our Ohio birth injury attorneys represent children who were injured at birth due to the negligence of medical professionals. We also represent the parents of such injured children. We hope that you never need our assistance, as we typically handle only birth injury cases that result in catastrophic injury, the kind where you or your child need constant care or are permanently disabled. If you feel that your child was injured due to the negligence of a medical professional, you need to consult with an experienced birth injury attorney as soon as possible.
How do I find a birth injury attorney in Ohio?
Birth injury claims are complex and require the careful review of medical records, medical bills, and other types of evidence. You need to be certain that your child’s legal interests are protected throughout the claim. Therefore, you should consult with a birth injury attorney who has extensive experience in birth injury claims.
At The Eisen Law Firm, our attorneys exclusively handle medical malpractice cases, which includes birth injury claims, and we have done so for decades. Our firm is completely devoted to medical malpractice claims, and our attorneys have in depth experience in these cases.
How long do I have to file a birth injury claim for my child?
Birth injury claims are a type of medical malpractice claim. Generally, Ohio allows one year from the date of the injury, or from the last date the claimant received treatment from the negligent medical professional—whichever is later. However, if the individual was under the age of 18 at the time of the malpractice, Ohio law provides that the one-year deadline does not start until the minor turns 18. Therefore, a birth negligence claim may be filed up and until the child’s 19th birthday. However, it is not a good idea to wait that long to file suit, as evidence may disappear and the memories of key witnesses may fade.
How long does a birth injury claim last?
In a single birth injury claim, there may be hundreds—even thousands—of pages of evidence to examine. Medical records, medical bills, expert reports, professional records, internal medical facility records, and other similar documents must all be studied. In addition, it may take time to obtain all of the documents needed to support an allegation of malpractice. As the parties go back and forth and try to negotiate a settlement, they typically disagree on the strength and the the value of the claim. Litigation typically takes more than a year to complete, but it may take several years to conclude. This is especially true where the case goes to trial and then an appeal is taken by the losing side.
Because it can take so long, it can be important to get started as soon as possible. However, sometimes, it is important to wait a little and have the child grow some and reach (or not reach) developmental milestones to determine just what the birth injury and the resulting damages are. Your attorney should discuss with you the best approach in your individual case.
How much money is my claim worth?
The value of a birth injury claim varies depending on the individual facts and circumstances of the case. Serious, permanent injuries that cause disabilities or other long-term complications are generally worth more in damages. The purpose of damages is to make an injured claimant “whole” again after suffering an injury. Damages may include:
- Medical bills
- Lost wages
- The cost of future medical care
- The cost of installing medical equipment or other types of equipment in a home
- Pain and suffering
- Emotional distress
Other types of damages may also be available, depending on the nature of the case.
When should I speak with an attorney?
Although Ohio allows a substantial amount of time to file a birth injury claim, if you think that your child was injured, you should consult a birth injury attorney as soon as possible. If you wait too long, key witnesses in your case may be unavailable, and others may not remember the details of your claim. These issues can substantially weaken your birth injury claim.
If your child has suffered a birth injury, contact The Eisen Law Firm today for a free consultation and case review
At The Eisen Law Firm, our Ohio birth injury attorneys are experienced in handling birth injury claims. We offer a free consultation, so you can learn about your legal options. We also do not ask for any fee (or even expenses) unless we make a recovery for you. So, you pay nothing unless we win. No fees, no expenses, nothing. To schedule your free consultation, call 216-687-0900 or contact us online.