Ohio Birth Injury Lawyer

Doctors, nurses, and hospitals like to throw around phrases like “unavoidable complications” and “unexpected outcomes” when a birth injury happens. But the truth is many of these so-called “complications” come down to completely avoidable mistakes. A wrong move, a delayed response, a failure to monitor distress signals—these are the decisions that leave children with lifelong medical challenges and families with staggering bills.

Some injuries heal with time. Others don’t. The damage depends on what went wrong, when it happened, and how the medical team handled—or failed to handle—the situation.

Common Types of Birth Injuries

• Brachial Plexus Injuries (Erb’s Palsy, Klumpke’s Palsy) – When a baby’s shoulder gets stuck during delivery, doctors may pull too hard, stretching or tearing the nerves in the neck and shoulder. This damages muscle control in the arm and hand. Some babies regain movement with therapy. Others never do.
• Cerebral Palsy – Oxygen deprivation, head trauma, or infections during delivery can cause permanent brain damage, affecting movement, coordination, and muscle control.
• Hypoxic-Ischemic Encephalopathy (HIE) – A long name for a devastating injury. This happens when a baby’s brain doesn’t get enough oxygen during birth, leading to severe neurological impairments. HIE can cause developmental delays, seizures, and cognitive disabilities.
• Facial Nerve Damage – Excessive force from forceps or vacuum extraction can damage facial nerves, leading to paralysis on one side of the baby’s face.
• Fractured Clavicle (Collarbone) – One of the most common birth injuries, especially in difficult or breech deliveries. While fractures heal, improper handling or lack of treatment can cause complications.
• Intracranial Hemorrhage (Brain Bleed) – A traumatic delivery, misuse of forceps, or lack of oxygen can cause bleeding in the brain, leading to developmental disabilities, seizures, or worse.

Common Causes of Birth Injuries

Most birth injuries aren’t freak accidents. They stem from medical errors, negligence, or poor decision-making. Some of the most common causes include:

• Delayed C-Sections – When fetal distress signals show up on the monitor, doctors need to act fast. A delayed C-section can deprive the baby of oxygen, leading to brain damage or even death.
• Misuse of Forceps or Vacuum Extraction – These tools help deliver babies stuck in the birth canal, but when used incorrectly, they can cause skull fractures, nerve damage, and brain injuries.
• Failure to Monitor Fetal Distress – Medical teams are trained to detect distress signals like irregular heart rates and oxygen deprivation. Ignoring or misreading these signs can cause permanent harm.
• Medication Errors – Wrong doses of labor-inducing drugs like Pitocin can cause excessive contractions, reducing oxygen supply to the baby and increasing the risk of brain damage.
• Failure to Prevent Infections – Untreated maternal infections like Group B Strep or prolonged rupture of membranes increase the risk of serious complications for the baby.

Ohio Laws on Medical Negligence in Birth Injury Cases

When a birth injury results from medical malpractice, Ohio law offers a pathway for families to seek compensation. Key legal aspects include:

• Medical Negligence – To establish an Ohio malpractice claim, families must demonstrate that the healthcare provider’s actions fell below the accepted standard of care, directly causing the birth injury. This involves proving:​
  • A doctor-patient relationship existed.​
  • The provider’s treatment deviated from the standard of care.​
  • This deviation directly caused the injury.​
  • The injury led to specific damages.​

• Statute of Limitations – In Ohio, the statute of limitations for medical malpractice claims, including birth injuries, is generally one year from the date the injury is discovered. However, for minors, this period is tolled until they turn 18, effectively giving them until their 19th birthday to file a claim. Additionally, Ohio has a statute of repose that places a hard limit of four years after the injury occurred for filing a medical malpractice claim, but this period is also tolled for minors.