Thursday, October 1, 2015

Filing a Birth Injury Case

The time when a child is born to loving parents is the most joyous time in their lives but often, this too, becomes a source of pain and anguish if the delivery doesn’t go as was expected and hoped. Thankfully, most child deliveries are smooth from start to end, but in many other cases, complications have been known to arise during the pregnancy itself as well as the delivery; complications that could have been avoided.

To fully safeguard their legal rights, it’s important to teach expecting parents about birth injury cases and to provide them the resources in case of the unexpected, so that parents know what to do in the event of a birth injury.

Cases involving birth injuries can differ from one another, but most situations do have two situations in common by which parents can find the necessary grounds when it comes to taking legal action. The general scenarios are;

  • Doctor’s failure in responding or assessing to conditions during the delivery
  • Injuries incurred due to pre-natal care during pregnancy which includes prescription drugs


What Is It: Birth Injury or Birth Defect?


When it comes to filing the injury case, determining whether or not the complications rose by a birth injury or as a result of a birth defect is difficult to figure out, especially at first. Ohio injury lawyers instruct that parents should take precaution and examine their specific case closely before taking legal action.

Birth Injuries:  For every 1000 babies born in America, every five will be injured during the birth; therefore such injuries normally occur in the labor or delivery room. Complications resulting in the injury can be due an obstetrician’s improper use of medical technique or equipment, such as use of forceps or vacuum, resulting in severe head injuries to the baby due to lack of oxygen. 

Birth Defects: In contrast to birth injuries that usually happen during the delivery itself, defects can involve any harm that arose to the baby prior to the birth i.e. during the pregnancy of the mother and most probably due to pre-natal care.

Proving Your Case with the Help of an Ohio Injury Lawyer Specializing In Birth Injury Cases


The particular facts of your specific case matter, as you will need to show evidence to the court regarding medical malpractice or negligence of the medical providers and/or pharmaceutical companies in providing the right medical and prescription care to you and your baby before the delivery and during it. If you are considering suing any such party for medical malpractice, it’s better to hire an attorney specializing in this area and have them standing in your corner.