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Did Your Newborn Suffer Cerebral
Palsy or Another Brain Injury Before
or During Labor and Delivery?

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Our Birth Brain Injury Resource Guide

the guide

Get a FREE guide of resources available throughout Ohio to children and families of children who were born with brain injuries.

Our guide can help you build a foundation of knowledge and tools that will help you help your child
now and in the future.

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Legal Questions

Diagnosing, assessing, and treating a birth injury are all major challenges parents must face. They may go on to pursue legal action as well, depending on the cause of the injury and its effects. Here are some common legal questions and insights into important considerations..

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What Leads to a Birth Injury Lawsuit?

Parents often seek settlements if a doctor, nurse, or hospital are found negligent. A physician that doesn’t properly monitor the health of the mother and baby during labor, or respond to potential complications, may be found negligence from a legal perspective. An undiagnosed problem can result in significant harm to the mother and baby, as can medication errors and improper methods of delivery.

Are Such Lawsuits Always Won?

Injury during birth isn’t always a doctor’s fault. For the lawsuit to be won, the defendant must be found guilty of negligence that harmed an infant or mother.

Is There a Statute of Limitations?

In Ohio, a lawsuit may be honored up to four years after the date of the injury. Parents have one year to file suit from the time it occurred and can file wrongful death lawsuits up to two years from the day an infant succumbed to their injuries due to medical negligence.
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If a Case Succeeds, Who Receives the Proceeds?

Damages are awarded to the child if they survive. Parents may also recover compensation if they can prove emotional distress, for example. In a wrongful death lawsuit, damages are typically collected by the estate, and most often go to the parents of the deceased child.

Do Birth Injury Claims Differ from Medical Malpractice Cases?

If an injury occurred during birth, a specific form of medical malpractice claim could be filed. In general, a malpractice claim involves negligence on the part of a health care provider, which is the direct cause of personal injury.

Can Legal Claims Be Brought for Birth Defects?

A birth defect can give rise to a lawsuit. However, it depends on the cause and the circumstances. It is different from an injury in that a defect involves harm to a fetus in the mother’s womb, well before labor begins.

When Is It Too Late to File a Birth Injury Claim?

Once the amount of time since the injury exceeds that specified in the statute of limitations, the claim can no longer be the subject of a lawsuit. However, Ohio allows a child to pursue it once they turn 18 if they’re parents hadn’t already. They have a year to file suit, which means a case can be brought up until the individual turns 19.