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Welcoming a new baby should be one of the best times of your life and cause for celebration, but if medical negligence causes your baby to have a birth injury, this devastating news could be life changing. During this incredibly difficult time, it’s important to find an experienced Ohio birth injury lawyer who understands the complexities of medical malpractice as soon as possible. Ohio has strict filing deadlines, caps on non-economic damages (pain and suffering), and requires birth injury claims to include an affidavit of merit from a qualified expert. If your child has been harmed by a birth injury contact Postman Law today at 312-561-9318, or fill out our contact form to schedule a free consultation to protect your family’s rights.
Why an Experienced Ohio Birth Injury Lawyer Matters For Your Case
Birth injury lawsuits are among the most complex legal claims because they involve both complicated medical issues and state-specific laws. To bring a lawsuit, it must be proven that medical professionals deviated from accepted standards of care during pregnancy, labor, or delivery, and this directly led to your child’s injuries.
Due to the complexity and proving medical negligence, hiring a Postman Law Ohio birth injury attorney is extremely important for your claim. The hospital’s defense attorneys will fight aggressively to protect the hospital’s finances and Postman Law will fight to protect your rights and ensure your family receives the compensation you deserve.
What Are the Filing Deadlines in Ohio Birth Injury Lawsuits?
Ohio has specific statutes of limitations for birth injury cases, and must be filed within one year of discovering the injury, or when it should have been discovered under Ohio Revised Code §2305.113. For minors, the statute of limitations is often paused until the child turns 18, though strict deadlines still govern when the claim must be filed. Despite this extended timeframe, you shouldn’t wait because evidence becomes less reliable or is lost, witnesses’ memories fade, and medical records can become harder to obtain.
What Are Damage Caps in Ohio Birth Injury Settlements?
In birth injury cases, Ohio imposes caps that limit the total recoverable damages. These caps are part of Ohio’s state law designed to restrict non-economic damages like pain and suffering, emotional distress, and loss of enjoyment of life.
- Non-economic damages cap⎯For most medical malpractice claims, Ohio law limits non-economic damages to $250,000 per plaintiff.
- Economic damages⎯There usually isn’t a cap on economic damages in Ohio birth injury cases, which cover medical bills, rehabilitation costs, and lost wages.
Since birth injury cases involve both economic and non-economic losses, working withPostman Law’s Ohio medical malpractice attorneys understand damage caps, and how to help maximize compensation for your family.
What is a Medical Malpractice Expert Affidavit Requirement in Ohio?
Ohio Civil Rule 10(D)(2) requires birth injury claims to include an affidavit of merit at the time of filing. This means a qualified medical expert must review your medical records and state under oath that the healthcare provider breached the standard of care. Our Ohio birth injury lawyers have a trusted network of medical experts who can review your case and provide an affidavit of merit.
What Are the Most Common Birth Injuries?
Some of the most common birth injuries include:
- Brachial Plexus Injuries (Erb’s Palsy)⎯Nerve damage affecting the shoulder, arm, or hand, often caused by excessive pulling during delivery.
- Cerebral Palsy⎯Disorders affecting muscle tone and movement, which can result from a lack of oxygen at birth.
- Fractures⎯Fractures, like a broken collarbone can happen during a complicated delivery.
- Hypoxic-Ischemic Encephalopathy (HIE)⎯Brain damage caused by a lack of oxygen during labor or delivery.
- Cephalohematoma⎯Bleeding between the baby’s skull and scalp, often caused by forceps or vacuum-assisted deliveries.
- Facial Injuries⎯Cuts, bruising, or nerve damage, sometimes resulting from forceps or vacuum use.
- Internal Organ Injuries⎯This are rare, but serious injuries to organs caused by excessive pressure during delivery.
- Umbilical Cord Injuries⎯Damage or compression to the umbilical cord can limit oxygen and blood flow to the baby.
How Long Do Birth Injury Cases Take in Ohio?
The length of a birth injury case settlement in Ohio can take anywhere from a few months to years. Factors such as the complexity of the medical issues, the need to gather records, secure expert testimony, and negotiate with hospitals and insurance companies all influence the timeline. Some claims settle before trial, but others need to go to court to obtain a fair resolution. Hiring an experienced Ohio medical malpractice attorney will help you through every step of the process and keep in constant communication so you know the status of your claim.
Schedule Your Free Consultation for an Ohio Birth Injury Case
If you suspect medical negligence caused your child’s birth injury, don’t wait to contact us because Ohio has strict filing limits on a claim. Postman Law’s Ohio birth injury lawyers offer free, no-obligation consultations, and work on a contingency fee basis which means you pay nothing up front unless we secure a win for you. Our experienced medical malpractice attorneys will hold negligent healthcare providers accountable and fight for the compensation you deserve. Contact Postman Law 24/7 for a free case consultation at 844-POSTMAN or by rellenar nuestro formulario en línea.
Postman’s Cincinnati law firm is located at 201 E 5th St, Suite 1900 Cincinnati, OH 45202 and our local phone number is: 513-449-1597
Cláusula de exención de responsabilidad: Esta entrada de blog tiene únicamente fines informativos y no constituye asesoramiento jurídico. Para obtener orientación específica sobre su situación, consulte a un abogado colegiado.
Preguntas frecuentes
You should file a birth injury lawsuit as soon as possible after discovering the injury and suspecting medical negligence. In Ohio, the general statute of limitations is two years from the date the injury was, or when the injury reasonably should have been discovered.
In a birth injury claim, families can pursue several types of damages including:
- Dolor y sufrimiento
- Gastos médicos
- Salarios perdidos
- Future costs for care
The average birth injury settlement varies depending on the severity of the injury, long-term care needs, medical expenses, pain and suffering compensation, and the circumstances of the case. Settlements can range from tens of thousands of dollars for minor injuries to millions for severe injuries that require lifelong care such as cerebral palsy or permanent physical impairments.
A birth injury settlement is usually paid by the party or parties found liable for the injury. This often includes:
- Hospitals⎯Many settlements come from the hospital’s liability insurance if the staff or policies contributed to the injury.
- Doctors and other healthcare professionals⎯Individual providers may also be responsible if their negligence caused the injury, and their malpractice insurance can cover the settlement.
Most medical malpractice claims are ultimately paid through the provider’s or hospital’s insurance.
Cerebral palsy is a group of disorders that affect movement, muscle tone, and coordination. While there can be multiple causes, it often results from oxygen deprivation, trauma, or medical errors during labor or delivery. If a provider’s careless actions contribute to the condition, cerebral palsy may be the basis for a birth injury case.
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