Common Birth Injuries

The Ohio birth injury lawyer families trust when it matters most

Every 20 minutes, a child is born with a birth injury, according to statistics compiled by the National Center for Health Statistics, a division of the Centers for Disease Control and Prevention (CDC) and the U.S. Department of Health and Human Services. That’s more than 26,000 birth injury injuries nationwide every year.

Some birth injuries are fairly common, while others are extremely rare. Worst of all, many of these injuries could have been prevented. That’s because many birth injuries occur due to negligence and mistakes made by medical professionals.

Cleveland birth injury attorney John A. Lancione understands why preventable birth injuries happen and the legal options available to families. That’s because he has more than three decades of experience handling such complex legal cases in Ohio and nationwide.

When you have The Lancione Law Firm working for your family, you can trust us to work tirelessly to find the evidence needed to build the strongest possible legal case. Attorney Lancione also never loses sight of what matters most – your best interests. That’s why you can reach me anytime on his personal cellphone to learn more about the status of your case. You’re more than just a client. We truly care about making a difference and demanding justice for you.

What are common birth injuries?

Many birth injuries occur before or during a baby’s delivery due to fetal risk factors or due to mistakes made soon after a child’s birth, which are known as neonatal injuries. Some of the most common birth injuries due to negligence involve the following types of injuries:

Cerebral Palsy – One of the most common – and most serious – birth injuries is cerebral palsy, a muscle disorder that affects an estimated 3 out 1,000 newborn children. Cerebral palsy often occurs due to negligence during the birth of a child.
Brain Injury – Injuries to the brain sustained by children before, during or soon after birth can cover a wide range. Hypoxic-Ischemic Encephalopathy is a common brain injury among newborn children, along with injuries due to lack of oxygen in the brain (Hypoxia Anoxia) and other fetal risk factors.
Spinal Cord Injury – Injuries to the spine often occur during a baby’s delivery, including the misuse of forceps and extractors and other preventable birth injuries due to mistakes made by medical professionals.
Shoulder Injury – Injuries to a baby’s shoulder often involve bone fractures or nerve damage to the shoulder sustained during pregnancy or the baby’s delivery. Such injuries cover a wide range, including brachial plexus injuries.
Facial Paralysis (Bell’s Palsy) – Paralysis to the face muscles in newborn children often occurs as a result of negligence by medical professionals during the mother’s pregnancy or the baby’s delivery. One of the most common types of facial paralysis among newborns is Bell’s Palsy, in which the child cannot move one side of their face.

Other birth injuries due to negligence by medical professionals are common. In each case, parents need to take immediate action for the health and well-being of their child and to hold medical professionals accountable for their actions. That’s why it’s important to talk to an experienced birth injury attorney as soon as you suspect that your child has a birth injury due to mistakes made by doctors, obstetricians, nurses or other healthcare professionals.

Why should I hire a lawyer?

There are many reasons why you should have an experienced birth injury attorney on your side if you suspect your child sustained an injury due to medical negligence. These reasons include:

Medical professionals often deny doing anything that caused your child’s birth injury.
The financial impact of your birth injury claim can often add up to thousands of dollars or significantly more.
Healthcare professionals and medical institutions (including hospitals) often hire several lawyers to defend their actions and deny your claim.

When you have an experienced lawyer on your side, you can make sure your child’s birth injury receives the attention your family rightfully deserves. Your attorney can:

Gather evidence in support of your birth injury claim.
Negotiate a settlement offer on your behalf with the at-fault party’s insurance company.
Take legal action on your family’s behalf if necessary, including filing a birth injury lawsuit.

The stakes are high. Your family may be legally entitled to receive financial compensation for your child’s medical bills (including money for future, long-term medical care), childcare, replacement income if you or your spouse needs to work less due to your child’s birth injury and other birth injury-related expenses. However, actually receiving such compensation can often be a challenge. That’s why The Lancione Law Firm wants to help you demand the justice you deserve.

Get the Ohio law firm that gets results. Contact us

The clock is ticking when it comes to your birth injury claim. Often, you only have a limited amount of time to take legal action in most states. This deadline is known as the statute of limitations.

In Ohio, you generally only have one year from the date of the injury to file a medical malpractice lawsuit, according to Ohio Revised Code (ORC) § 2305.113(A). However, that deadline can often be extended in birth injury cases due to the exception for minors rule: According to Ohio Revised Code (ORC) § 2305.16, the statute of limitations can be tolled (paused) until the child turns 18. There is also a law known as the “statute of repose,” which can be found in Ohio Revised Code (ORC) § 2305.113(C). This law gives people a four-year deadline to take legal action in cases involving medical negligence. This simply means that someone could not have reasonably known about an injury due to medical negligence within the one-year deadline.

But just because you might have more time to take legal action doesn’t mean you should wait. Only an attorney can tell you which legal deadlines apply to your situation. The sooner you understand your legal rights, the better. That’s why our legal team wants to meet with you. Contact our law firm and schedule a free consultation at our Rocky River, Ohio office today. You can reach us online or call (440) 331-6100 or (877) 515-4369 to speak directly with Cleveland birth injury lawyer John A. Lancione. He’s here for you when your family needs him most.