Preparing to have a child is often an exciting experience. New parents are gearing up for diaper changes, late-night feedings, and more. What most new mothers don’t expect, however, is the possibility of themselves or their child being injured during pregnancy, labor, or delivery. If you’ve suffered at the hands of a hospital or doctor, a Cincinnati birth injury lawyer from Bey & Associates, LLC is here for you.
When you file a birth injury claim against a negligent doctor, hospital, or other medical professional for the injury of your child, you’ll be on the path to receiving the compensation you need that ensures they receive the care needed to live a high-quality life, regardless of their injuries or the lasting complications. You’ll also be sending a message to the medical facility that you won’t stand for wrongful injuries.
In the event you’ve tragically lost your child due to a birth injury, our lawyer can help you file a wrongful death claim. To understand how complex birth injury litigation is and why it’s so important for families to file claims, let’s take a look at birth and birth injury statistics for Cincinnati.
Births and Birth Injury Statistics in Cincinnati
In an effort to improve the health of women and infants, and to lower the number of infant deaths, Hamilton County published the Maternal and Infant Health Monthly Surveillance Report. In regard to infant deaths, the report contains information on the monthly infant mortality rates, monthly neonatal mortality rates, monthly preterm, very preterm, and <23 weeks gestation birth rate, small for gestational age birth rate. In 2019, there were 23 infant deaths in Hamilton County—11 of which occurred in Cincinnati.
According to the National Healthcare Quality Report (AHRQ), six to eight of every 1,000 infants born in the United States sustain a birth injury. This means that approximately one in every 9,714 people in the U.S. are born with a birth injury. Often times, that injury can cause lifelong complications.
Determining whether a birth injury has occurred is challenging. You’ll need sufficient evidence that proves what happened should not have, and that you or your child suffered unnecessarily. To successfully start a claim, it’s important to first identify the type of birth injury you’re dealing with.
Types of Birth Injuries
Expecting mothers need to receive proper medical management and monitoring from the initial sonograms to the time they give birth. They often come into contact with many medical providers, some of them specialists, who have a legal obligation to adhere to the medical standards of childcare. In the event that standard is deviated from in any way, the negligent medical provider is putting the mother and child at risk of injury.
It’s important to understand that birth injuries do not just happen at the time of birth. They can happen in the months, weeks, and days leading up to the baby’s actual delivery. You’ll want to understand the different mistakes that can be made along the way, so you can be prepared if you’re dealing with an injury.
Labor and Delivery Complications
Complications during labor and delivery can affect both the mother and infant. In the event the doctor uses delivery assistors improperly, the baby could suffer from broken bones or there could be issues with the umbilical cord. It’s also important for the medical care team to carefully go over the mother’s medical history so they are aware of any medication allergies. Some of the most common labor and delivery complications include:
- Misuse of forceps or vacuum extractor
- Umbilical cord prolapse or compression
- Prolonged and arrested labor
- Drug reactions
Infant Conditions and Injuries
If the infant isn’t monitored properly while it’s in utero, the doctor could miss complications involving irregular heartbeats or a lack of oxygen. If the proper steps aren’t taken to fix those issues, it’s possible the baby could be stillborn or born with preventable conditions. Often times, the conditions can affect a child’s development physically or mentally—depending on the injury. Some of the most common infant conditions and injuries include:
- Shoulder dystocia
- Cerebral palsy
- Erb’s palsy
- Broken bones
- Brain damage
Maternal Medical Conditions
During pregnancy, the medical professional responsible for taking care of you and your baby should take the necessary steps to monitor your health. Doing so will ensure they identify any potential issues early on, so the necessary precautions can be taken.
If not monitored properly, complications can arise during pregnancy or active labor, or post-birth. Complications during pregnancy have the potential to result in miscarriage. If problems arise during active labor or once the child has been delivered, the mother is most at risk for hemorrhaging and losing a significant amount of blood. Some of the most common maternal medical conditions include the following:
- Placental abruption
- Uterine rupture
- Placenta previa
Recovering Compensation for a Birth Injury
Birth injuries often result in extensive medical bills. When you file a personal injury claim, you have the right to seek compensation for those bills and more. Damages are typically separated into two categories: economic and noneconomic.
Economic damages are calculable because they are based on a real amount. Common economic damages include medical bills, lost wages from time taken off work to recover or care for your child, the future cost of care to maintain your child’s health, and future lost wages. Your lawyer will work with medical experts and evaluate your income to determine what a fair amount is for future compensation.
Noneconomic damages are harder to calculate because they are more subjective. Essentially, they are based on factors like pain and suffering, mental anguish, and lost potential. It can be challenging to determine what a fair amount is when it comes to noneconomic damages, which is another reason it’s so important to work with an attorney. Your Cincinnati lawyer will use their experience to determine what is owed.
It’s important to note that there are caps on noneconomic damages in Ohio. State law limits the amount of noneconomic damages that a personal injury victim can recover to $250,000 or three times the amount of economic damages—whichever is greater. In total, noneconomic damages cannot exceed $350,000 for one plaintiff and $500,000 for more than one plaintiff.
Contact Bey & Associates, LLC
If you or your child sustained a birth injury during pregnancy, while in labor, or during the delivery process, and you believe physician or hospital negligence played a role, you have the right to file a personal injury claim with the help of a Cincinnati birth injury lawyer.
You’ll benefit from working with an attorney for a number of reasons. First, we’ll do what we can to manage the bulk of your medical malpractice claim for you, while keeping you informed about its status and your options. This way, you’ll be able to focus on your child and taking the necessary steps to secure their future and health. Additionally, we’ll know what to value your claim and we won’t settle for less than you deserve.
Birth injury claims are complex and the statute of limitations in Ohio strictly limits the amount of time you have to file a claim. As such, the sooner you get in touch with Bey & Associates, LLC, the sooner we can begin investigating the circumstances that resulted in your injury or the injury to your child and build a claim that proves you were wronged. Contact us today for more information.