How Does Medical Negligence Cause Birth Injuries?
When an obstetrician is attentive and makes sure to follow the medical standard of care, there’s little reason a birth injury should occur. But sometimes, these medical professionals make careless mistakes that result in serious injuries during pregnancy, labor, or delivery.
If a qualified medical expert reviews the medical evidence in a malpractice case and determines that your healthcare provider could have prevented the injury by handling the situation differently, your healthcare provider may be considered medically negligent.
Some common examples of medical negligence we’ve seen cited in birth injury malpractice cases include:
- Complications caused by a delayed c-section
- Ordering a vaginal birth when a c-section would be safer
- Failure to diagnose and treat maternal health conditions, like high blood pressure
- Failure to identify fetal health problems, like oxygen deprivation
- Improper use of assisted delivery tools, like forceps and vacuum extractors
In order to prove medical negligence, you’ll need to find an Ohio birth injury lawyer who can have your medical records evaluated by a qualified medical expert in the same field as your healthcare provider.
Complications Commonly Caused By Birth Injuries
While some birth injuries may heal quickly with minimal medical care, many others can cause lifetime complications for the child. Some of the most common injuries and complications include:
The costs of caring for a child with one of these serious conditions exceeds the average Ohio family’s budget. This is why it’s important to speak with an Ohio birth injury lawyer if you believe your child’s injury was caused by medical negligence.
What Are The Medical Malpractice Laws In Ohio?
Like all other states, Ohio has their own laws regarding medical malpractice lawsuits. It’s good to have an awareness of these laws, but we suggest speaking with an experienced birth injury malpractice lawyer to understand how they may apply to your family’s case.
Statute Of Limitations
The statute of limitations is a deadline for filing a medical malpractice lawsuit. The date of this deadline varies from case to case. If you fail to file your claim within the statute of limitations, you may lose your right to file a lawsuit. This is why it’s extremely important to seek legal advice without hesitation if you’re considering a birth injury malpractice lawsuit.
Affidavit Of Merit Requirement
In order to file a medical malpractice lawsuit in Ohio, you must also file an affidavit of merit containing the medical opinions of a qualified expert witness. This witness must practice medicine in any state and spend at least 75% of their professional time in practice. In the affidavit, they must state that they’ve reviewed the medical records for the case, that they’re aware of the standard of care, and that they believe your healthcare provider caused an injury by breaching this standard of care.
Like many other states, Ohio limits the noneconomic damages you can recover in a medical malpractice lawsuit. Noneconomic damages are those without a direct dollar figure, such as pain, suffering, and loss of enjoyment of life. This limit is set at the greater amount
This limit is set at the greater amount of $250,000 and three times the economic damages, up to a maximum of $350,000 per plaintiff. In cases with catastrophic injuries, this amount is raised to $500,000.
Determining how much your case may be worth requires a careful review by both legal and medical professionals.
Building A Successful Birth Injury Malpractice Lawsuit
Birth injury malpractice cases are some of the most complicated forms of personal injury lawsuits. In order to secure a settlement or court victory, it’s important to have legal guidance from an experienced Ohio birth injury lawyer. The right lawyer will understand how state laws apply to your case, have resources for gathering medical evidence and expert testimony, and courtroom and negotiation skills for securing compensation.
Our dedicated Ohio birth injury malpractice lawyers help families in Cleveland, Cincinnatti, Columbus, and all over Ohio recover the financial support their children need following a preventable birth injury. To find out more about how your family can plan for your future, contact us today for a free consultation.