Birth Injury

Holding negligent OB/GYNs, anesthesiologists, nurses and hospitals accountable for failing to protect newborns.

Physical and brain injuries during labor and delivery can leave a child facing a lifetime of challenges. Families also face long-term emotional and financial struggles when their baby suffers a birth injury.

Types of Birth Injuries

Mistakes by members of the birthing team and problems at the hospital can cause one or more of the following birth injuries:

  • Facial Paralysis — Damaging nerves by pressing too strongly on a newborn’s head or incorrectly using forceps during delivery can leave a child unable to control his or her facial muscles. Such injuries then cause problems with appearance and difficulties with speaking and eating.
  • Brachial Plexus Injuries — These injuries typically occur when a newborn’s head emerges from the birth canal but his or her shoulders get stuck. Tearing or rupturing one or more of the nerves that connect an arm to the spinal cord can cause problems that range from total paralysis and difficulty breathing to delayed development of arm strength and poor fine motor control with the affected hand and fingers.
  • Fractures — A newborn can easily suffer a broken collarbone and shoulder blade when members of the birthing team fail to gently and appropriately reposition a breech baby. Fractures that do not heal correctly can limit a child by restricting arm movement and delaying the development of arm strength.
  • Spinal Cord Injuries — Vaginal births are often aided with the use of forceps or vacuum devices. Slight misplacement or the use of too much force can stretch or tear a newborn’s spinal cord, leading to muscle control problems, paralysis or, in the worst case scenario, death.
  • Hypoxic Injuries — A breech, an anesthesia error, or getting the umbilical cord wrapped around the baby’s neck can cut off the flow of oxygen and cause brain damage. Even a couple of minutes without sufficient air can cause permanent developmental difficulties. More than a few minutes can result in death.
  • Cerebral Palsy — Oxygen deprivation during delivery has been linked to this disorder. Even when the telltale symptoms of muscle weakness, poor muscle control, and spasms are not particularly severe, children growing up with cerebral palsy experience problems in school and at play.

Lawyers Working on Behalf of Birth Injury Victims

The one bit of good news is that families have legal rights to file insurance claims for preventable birth injuries. A birth injury claim in Ohio is a special type of medical malpractice case. As such, it is subject to a strict one-year statute of limitations. Also, the parent or adult child who files the birth injury claim must be able to present a significant amount of detailed medical and procedural evidence.

Contact our Birth Injury Lawyer

Succeeding with a birth injury claim in Cleveland or anywhere else in the state requires hard work and dedication. At Agee Clymer Mitchell & Portman, our birth injury lawyers and newborn brain injury attorneys dedicate themselves to fighting the legal battle when struggling parents cannot. Caring for a disabled child must be the parents first and only concern. We handle negotiations with medical practice insurers and filings with the court.

You can schedule a free consultation with a caring birth injury attorney in Cleveland by calling (800) 678-3318 or connecting with us online. Should health considerations or other concerns make visiting our offices impractical, we can come to you.



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Worker’s Comp Lawyers Columbus, Ohio - Agee Clymer

140 E. Town St. #1100
Columbus, OH 43215