Lorain County Birth Injury Lawyers
Steadfast advocates for injured babies
According to one study, approximately 28,000 babies suffer a birth injury every year. Many of these injuries can be prevented with proper care. Unfortunately, these birth injuries frequently leave babies with serious and permanent disabilities. Tragically, some babies even lose their lives due to birth injuries. At The Eisen Law Firm, our experienced Lorain County birth injury attorneys aggressively pursue birth injury claims so you obtain the compensation you deserve.
How do I know if my child suffered a birth injury?
In many cases, parents are unaware that their child has suffered a birth injury. They may be told that there were complications with the birth, or that their child’s injuries were unavoidable due to the nature of the labor and delivery. However, a medical professional’s negligence is often to blame for a newborn’s birth injuries.
Sometimes, the signs of a birth injury are not apparent right away. It may take a few weeks, a few months, or even a few years for the symptoms of an injury to manifest. In Ohio, you have until your child’s 19th birthday to file a medical negligence claim. But, there are many strategic reasons why waiting this long to file suit is a bad idea.
If your child suffered a birth injury and you suspect that negligence may be to blame, you should consult with an experienced Lorain County birth negligence attorney. Birth negligence attorneys carefully review medical records and other types of evidence to determine if a medical professional may have committed malpractice.
What happens during a birth negligence claim?
If your birth negligence attorney feels that a medical professional is responsible for your baby’s birth injury, it may be necessary to file a birth negligence lawsuit.
A birth negligence claim is a type of medical malpractice claim. Your attorney must draft a document called a “complaint” and file it in court. The complaint specifies who is being sued and lays out the specific allegations of negligence. Medical malpractice and birth negligence claims may be brought against both individuals and medical facilities. Often, a birth injury is the result of a series of mistakes committed by a series of individuals and entities.
After the complaint is filed and served on the defendants, the defendants will have a deadline by which they must respond to the complaint.
After this initial paperwork has been filed, the parties enter the discovery phase. During discovery, the parties are able to request evidence from each other. For example, the defendant may ask to see the injured patient’s medical history, and the injured patient may ask to see various documents that pertain to the care at issue but aren’t part of the medical records. The following evidence is usually exchanged during the discovery phase:
- Medical records
- Medical bills
- Estimates of the cost of future medical care, if necessary
- Photographs
- Video footage
- Medical facility rules and protocols
- Information about available insurance coverage
- Depositions
- Expert witness reports
The parties may request any evidence that is relevant to the claim. Evidence is a birth injury case often spans thousands of pages.
How long will it take to resolve my birth negligence claim?
Every birth negligence claim is unique. Therefore, it is difficult to say exactly how long each claim will take. Birth negligence claims may be resolved in a few months but more often take a year or longer. An experienced attorney can make the process much easier and more efficient, but even the best attorney cannot necessarily make it go as quickly as you might like. To some significant degree, the court’s docket and schedule will determine the pace of the case. But an experienced attorney can reduce the number of delays by being prepared throughout the case, meeting deadlines, and taking decisive action when the defense attempts to stall the case.
Call today to schedule your free consultation with our experienced Lorain County birth injury attorneys
At The Eisen Law Firm, our skilled Lorain County birth injury attorneys are prepared to assist you with your potential claim. To schedule your free consultation with our team, call 216-687-0900 or contact us online.