Some of the most common birth injuries in the United States include cerebral palsy, Erb’s palsy, preeclampsia, shoulder injuries, epilepsy and other seizure disorders, and anoxic or hypoxic injuries. In Ohio, any family whose child is a victim of these or other types of birth injury may file a lawsuit for up to one year plus 180 days after the injury occurs.
In some cases, birth injuries may not be detected right away. Cerebral palsy, for example, is a condition caused by brain damage that is often due to a lack of oxygen right after birth. This condition is characterized by an inability to control the muscles, an inability to walk or talk, and delayed mental development. Because these symptoms may not be noticeable in an infant, the government of Ohio allows an extended statute of limitations on birth injury lawsuits of up to four years after birth. But once the injury is discovered, the family only as the single year to file a lawsuit.
Ohio allows allows a child to present a case on their own behalf for a year after they turn 18. If the parents were unable to file a birth injury lawsuit in time during childhood, this is the last option available for seeking retribution. This is called a tolling law.
Caps on Malpractice Lawsuits
Ohio does not have a cap on the amount that can be awarded in a medical malpractice lawsuit. In 2010, a family whose baby was born in the MetroHealth Medical Center in Cleveland was awarded 8.5 million dollars for the care of the child who suffered a brain injury.
According to the lawsuit that was brought to the court, the nurse who was responsible for the baby’s care directly after birth did not notify the doctor in a timely matter that the child wasn’t breathing properly. The lack of oxygen led to a brain injury which now means that the child will never be able to eat or live normally on her own.
Another case in 2012 resulted in a four-million-dollar settlement after the use of forceps caused a child to become brain damaged. The case was contested by the medical care staff, but the healthcare provider eventually settled out of court.
Working with an Attorney
An Ohio attorney who specializes in birth injury lawsuits can help families who believe that a birth injury has caused a serious condition or disorder. When you first contact a lawyer, they can begin an investigation using the records you have kept, and by obtaining records from the healthcare facility or doctors who were present.
The records kept by the family are important for proving that birth injury was caused by malpractice. Records from before the birth, during the birth, and directly after the birth, can all help to establish that the child was healthy before birth, and that no genetic condition or previous healthcare was the culprit. A lawyer may also be able to track down witnesses and experts to testify on the behalf of the family.
The attorney can help decide how much to request from the alleged guilty facility or professional, in relation to how expensive lifelong medical care will be for the child, and how expensive medical care has been up till now. There may also be payments ordered to provide for the loss of income the child will face as an adult if they will be unable to work, as well as retribution made for the emotional damages suffered by the family and the victim.
Ohio birth injury lawsuits can cover a wide variety of injuries experienced, so keeping extensive records and visiting an attorney quickly are two important actions to take.
Sources:
http://www.feldmanshepherd.com/148-results-4-Million-Settlement-in-Toledo-Ohio-Birth-Injury-Case.php
http://www.birthinjuryguide.org/birth-injury/financial-support/statute-limitations/