We are a team of experienced and knowledgeable medical malpractice attorneys who have helped many families find a remedy for the tragic circumstances that led to harm to their newborn. These cases are understandably emotionally charged, which is why we offer compassionate support and guidance to help families decide the best path towards accountability and closure.
The best approach for deciding if you have a birth injury claim is to contact the Cleveland birth injury lawyers at Thomas Law Offices today. We’ll review your case to determine whether it warrants proceeding as a medical malpractice claim. or negligence. This will be a free case evaluation with no obligation. We want to help you make an informed decision about what should happen with your claim.
As you consider your options, it is important to understand the difference between birth injuries and birth defects. A birth defect is a health complication that develops before the child is born. Thanks to advances in medical screening, many of these defects can be discovered during pregnancy. However, there are instances when they won’t be fully diagnosed until after the baby is born.
Birth defects are congenital and typically have biological causes. These could include factors such as genetic abnormalities or problems with the mother’s health during pregnancy.
On the other hand, a birth injury is a health problem that arises before, during, or shortly after birth.
Birth injuries don’t happen because of a baby’s biological makeup but rather by something that happens to the baby during gestation, labor, delivery, or shortly after delivery.
If you aren’t completely clear about whether your child suffered a birth injury that was caused by a negligent doctor, the Cleveland birth injury attorneys at Thomas Law Offices can help you find clarity by relying on our network of medical professionals to analyze your case.
A birth injury is never intentional, but that doesn’t mean negligence isn’t involved. In many cases, these injuries are preventable if the doctor in charge recognizes a problem or their staff communicates signs of distress properly. Failure to do so can lead to the following types of serious birth injuries to fetuses and newborns:
If a medical mistake harmed you or your newborn, we’ll investigate what went wrong and fight for funds for lifelong care. Start with a free case evaluation today.
A head injury can change everything. We pursue negligent drivers, companies, and providers to seek compensation for treatment, lost income, and long-term needs. Get a free case evaluation now.
Exposed to contaminated water at Camp Lejeune (1953–1987)? This page explains what happened and potential harms—note the firm is no longer taking these cases. Explore the details and see other options.
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Birth injuries are a tragic circumstance that no family should have to endure. They most often occur when medical providers fail to follow accepted standards of obstetric and neonatal care.
This standard of care begins in the OBGYN office and extends to a hospital delivery room. Here are some of the common causes of avoidable birth injuries that might apply to your potential medical malpractice claim:
Once a mother goes into labor at a hospital, it is vital for the delivery team to provide continuous fetal monitoring. This monitoring can detect signs of oxygen deprivation or abnormal heart rate patterns.
If these signs are missed, or worse, ignored, serious injuries such as hypoxic-ischemic encephalopathy (HIE) or cerebral palsy can occur. Failure to intervene quickly at the first sign of trouble can permanently harm a newborn’s brain and nervous system.
There are often delivery scenarios where the mother’s labor is not progressing safely, or some form of fetal distress is detected. In those cases, a timely C-section can prevent injury. If a doctor delays an emergency C-section, it might result in prolonged oxygen deprivation, physical trauma, or other life-altering complications for the baby.
During the delivery, a doctor has many tools available to help with the birth. Forceps and vacuum devices must be used with extreme caution and only when medically appropriate. If a doctor uses an improper technique or excessive force, they can cause a skull fracture, brain bleeding, facial nerve damage, or brachial plexus injuries such as Erb’s palsy.
There might come a time in the delivery when labor-inducing drugs are recommended. If an incorrect dosage of a labor-inducing drug like Pitocin is administered, it can cause overly strong or frequent contractions. That can trigger a restriction of the oxygen flow to the baby or lead to uterine rupture that places both the mother and child at risk.
Doctors have to be on alert for such maternal health concerns as preeclampsia, gestational diabetes, infections, or placental complications. These conditions all require close monitoring and preemptive management. Failure to properly diagnose or treat these conditions can considerably increase the likelihood of birth injuries.
Birth injuries regularly result from breakdowns in communication among doctors, nurses, and hospital staff. When the labor process lasts several hours, personnel may shift. Sometimes those changes lead to inadequate handoffs, incomplete medical records, or failure to escalate concerns.
All of that lack of communication can lead to overlooked warning signs and delayed care.
When a child suffers a preventable birth injury, families are left experiencing tremendous emotional and financial burdens. A Cleveland birth injury lawyer at Thomas Law Offices can evaluate whether medical negligence played a role and help families pursue accountability, answers, and the compensation needed to support their child’s long-term care.
A birth injury is never intentional, but that doesn’t mean negligence isn’t involved. In many cases, these injuries are preventable if the doctor in charge recognizes a problem or their staff communicates signs of distress properly. Failure to do so can lead to the following types of serious birth injuries to fetuses and newborns:
One of the most important aspects of a birth injury claim is determining liability. These types of claims are complex because they can involve multiple named defendants. These liable parties can include the following:
These providers can include doctors, nurses, midwives, anesthesiologists, neonatologists, specialists, and any other medical professionals involved in the delivery process.
A hospital or medical facility can be held liable for its employees’ actions. This falls under the legal doctrine of “respondeat superior.”
Some of the largest birth centers in Cleveland, where injuries might occur, include:
If it can be established that harm was caused by medications administered during pregnancy or childbirth, the pharmaceutical company that produces a drug could be held liable.
When a birth injury is caused by a defective medical device used during childbirth, the company responsible for its design or manufacture may be held accountable.
Once it has been established who is liable for the birth injury, there must be a full accounting of the measurable costs associated with that injury. You will work closely with your birth injury attorney to calculate all of the current financial losses you experienced, along with any future losses likely to occur.
Yes, in some instances of medical malpractice, the costs of care can extend over the entire lifetime of the child and range in value from a few thousand to millions of dollars.
Here are the factors your attorney will consider when assessing the value of your claim:
Accurately calculating the value of your case is critical to your family’s financial future. That’s why you want to carefully consider any initial settlement offer from an insurance company. If you accept that offer without the benefit of legal counsel, there is no turning back.
In other words, you won’t be able to ask for additional compensation if future losses arise.
In Ohio, birth injury claims generally have a one-year statute of limitations from discovery, but for children, this is extended: parents can file for the child, or the child can file themselves, up to one year after their 18th birthday. Wrongful death claims have a two-year deadline from the date of death. Key exceptions exist, like for undiscoverable injuries (with a four-year cap) or when formal notice is given (extending by six months). This is why consulting with an attorney experienced in birth injury claims is so important.
Some birth-related injuries do not become apparent until months or even years later, when developmental milestones are missed, or neurological symptoms emerge. In these situations, the legal timeline may be affected by when the injury reasonably should have been discovered, rather than the date of birth itself. An attorney can help determine how Ohio law applies to your specific circumstances.
No. While medical records are essential to building a strong case, families are not required to gather or interpret them on their own before seeking legal help. If we agree to work with you, our team can obtain records and consult qualified medical experts who can help identify what went wrong and who is to blame.
Yes. Birth injury cases often involve care provided by multiple professionals across different stages of pregnancy and delivery. Liability need not rest with a single individual. A legal investigation can examine how each provider’s actions or inactions contributed to the baby’s injury.
Many birth injury claims are resolved through negotiated settlements, particularly when the evidence is strong. However, we approach every claim as if we are going to trial. That means compiling evidence, witness statements, and documentation to support your claim. If we have to file a civil complaint, our attorneys will be ready and willing to litigate.
Medical experts are essential in birth injury litigation. They review records, explain complex medical issues, and provide opinions on whether the care provided met accepted standards. Their testimony often forms the foundation of a successful malpractice claim.
Beyond financial recovery, a birth injury claim can help families secure the resources needed for future care, therapy, education, and support services. It can also bring accountability and clarity, helping families understand what happened and why.
If you suspect that medical negligence played a role in your child’s injury, you do not have to navigate this process alone. The Cleveland birth injury lawyers at Thomas Law Offices offer free, confidential case evaluations to help families understand their legal options.
Our team is committed to providing compassionate guidance while pursuing accountability and meaningful compensation for your child’s future care. We fight for our clients to help them receive the maximum compensation they are entitled to.
Contact us today to take the first step toward answers and peace of mind.
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Have You Been Injured? We're Ready to Fight for You.
