Understanding Cerebral Palsy: How Legal Support Can Make a Difference for Families

Welcoming a child into the world can be one of life’s greatest joys. After months of anticipation, mothers rush to the hospital to ensure a safe delivery. Doctors, nurses, and other medical personnel are amongst the most trusted individuals and must perform up to the highest standards. However, medical help is not always up to standard, and some parents and children are left with severe physical, financial, and emotional struggles. Mothers who choose to deliver their child in a hospital should not have to worry about the competence of the staff attending to them. 

One of the most prevalent birth injuries is cerebral palsy. Typically caused by brain damage to the infant, cerebral palsy is a life-long condition that can change cognitive and motor abilities. It depends on its severity, but many people living with cerebral palsy are forever dependent on others for help with daily tasks and require ongoing medical treatments. This creates a permanent emotional and financial strain for most families caring for an individual with cerebral palsy, and many are unaware that the condition may have been preventable.

If doctors fail to properly monitor the infant before, during, and shortly after birth, they can miss signs of fetal distress. Many mothers also require additional medical care due to preexisting health conditions. If medical personnel do not adequately respond to a mother’s condition, it can lead to life-altering consequences for both mother and baby. Even one mistake can lead to life-long consequences. This direct correlation between medical malpractice and birth injuries is obviously concerning. Seeking legal assistance can help get you the compensation you need for any ongoing medical treatments. 

If you or a loved one suffers from a birth injury, finding a Columbus medical malpractice lawyer to determine what your case is worth is your next step to financial recovery. The Fitch Law Firm is here to help you understand the impact of birth injuries and how Ohio families can take steps towards healing. In this blog we provide you with information about birth injuries and local resources for those located in or around Columbus, Ohio. Local to the area, the Fitch Law Firm has experience working with and understanding the specific issues that affect people in central Ohio. We can help you navigate any legal steps you wish to pursue as well as help you understand what resources are available to you. 

A Birth Injury Case from the Fitch Law Firm

A pregnant woman with a history of asthma was rushed to the emergency room with an asthma attack. Clearly in distress, the woman struggled to breathe. The ER doctor brought in a specialist who promptly ordered steroids to be administered. These steroids would open her airways and make it significantly easier to breathe.; however, a resident in training at the hospital improperly cancelled the order for steroids. Consequently, the pregnant woman went into respiratory arrest while in the hospital and doctors had to perform an emergency C-section due to baby’s limited oxygen supply. 

The lack of appropriate care for her asthma attack caused both the mother and baby to lack oxygen, resulting in the baby being born with cerebral palsy. Oxygen deprivation to a baby’s developing brain can cause severe damage to the brain’s tissues. Once brain cells have been without oxygen for an extended time, they die and can create permanent neurological disabilities including cerebral palsy. Cerebral palsy can lead to delayed development, causing potential cognitive or physical disabilities. Many children with cerebral palsy continue to rely on their parents well into adulthood as their condition can drastically impact their ability to function. 

The mother became aware of her child’s condition and reached out to The Fitch Law Firm to determine who was at fault and what she could recover. Mr. Fitch consulted the necessary medical experts to evaluate the child’s condition, the delivery process, and how the hospital staff’s actions may have directly resulted in the child’s cerebral palsy. Mr. Fitch found that the resident cancelling the order for steroids caused the mother and baby to lack oxygen, directly causing the infant’s brain damage and the development of cerebral palsy. Mr. Fitch found this was a clear case of medical malpractice, and the expert testimony helped establish this. With the help of our diligent and compassionate attorneys, the woman and her family recovered a substantial settlement, knowing they can focus on their child’s wellbeing without the financial burden of ongoing medical bills.

Expert legal support may provide Ohio families with services they need to support their child emotionally and financially. Ongoing treatment for a child’s birth injury, such as cerebral palsy, can cost extraordinary sums over a lifetime. The financial burden is even heavier for those living without health insurance. In Ohio, the cost of medical insurance has been increasing faster than the national average according to the United States Bureau of Labor Statistics. In 2023, the average rates for medical insurance for any Ohio family grew 7.0%. Having an attorney on your side can make up the difference in financial recovery and in fighting these growing rates of medical coverage. The Fitch Law Firm is here to help Ohio families in need of representation financially recover from birth injuries caused by the wrongdoings of medical professionals. 

What is Cerebral Palsy?

According to Mayo Clinic, “cerebral palsy is a group of conditions that affect movement and posture.” Cerebral palsy is caused by damage to a developing brain, oftentimes before or during birth. Cerebral palsy means “brain paralysis,” with the word “cerebral” referring to the brain and “palsy” referring to impairment or paralysis. Cerebral palsy is considered a birth injury because it’s primary cause is a lack of oxygen to the baby’s brain during delivery. Symptoms of cerebral palsy first become noticeable during infancy or preschool years and vary in severity. The location of the injury and the amount of damaged brain tissue determine the condition’s severity. Cerebral palsy may cause exaggerated reflexes, stiff muscles, irregular posture, or uncontrolled movements. 

Cerebral palsy affects everyone differently. Some children with cerebral palsy can walk while others require a wheelchair. Cerebral palsy may cause:

• Intellectual disabilities
• Trouble hearing/seeing
• Trouble speaking
• Trouble with swallowing, chewing, or eating
• Delayed growth
• Delayed motor skills, such as crawling and sitting up
• Bladder and bowel issues
• Mental health conditions

It is important to understand how cerebral palsy impacts functioning. If a doctor or medical professional fails to adequately care for a mother during pregnancy and birth, it could result in a life-long condition for the child.

Types of Cerebral Palsy

There are several types of cerebral palsy because different parts of the brain are affected by the lack of oxygen during an infant’s delivery. Cerebral palsy can either be unilateral (affecting either the right or left side of the body) or bilateral (affecting both sides of the body). With unilateral cerebral palsy, only one side of the brain’s motor cortex is damaged. With bilateral cerebral palsy, both sides of the motor cortex are damaged.

Unilateral cerebral palsy is considered hemiplegia, a paralysis or weakness of one side of the body. An example of this would be someone’s left arm and left leg either weakened or paralyzed due to their cerebral palsy.

Bilateral cerebral palsy can affect the body in a variety of ways. These include:

• Quadriplegia: All four limbs and the torso are weakened or paralyzed.
• Triplegia: Paralysis or weakness in three of the limbs.
• Diplegia: Paralysis or weakness in two symmetrical limbs, such as both legs or both arms.

Cerebral palsy is also categorized by the distinct parts of the brain that are affected and how it impacts a person’s motor and cognitive abilities. 

• Spastic CP: The most common type of cerebral palsy, affecting about 80% of people with cerebral palsy. (CDC) Spastic CP causes increased muscle tone which leads to stiff muscles and potentially uncomfortable movements. 
• Dyskinetic CP: Causes problems controlling the hands, arms, legs, and feet. This makes it difficult for those with dyskinetic CP to sit or walk.
• Ataxic CP: Causes problems with coordination and balance. Thos with ataxic CP may struggle controlling their movements and feel unsteady when walking.
• Mixed CP: A combination of these types of cerebral palsy. Spastic-dyskinetic CP is the most common type of mixed CP.

What Causes Cerebral Palsy?

Doctors and other healthcare providers are trusted to keep mothers and their babies safe throughout the delivery, however that’s not always the case. If these trusted individuals are negligent, avoidable issues can lead to life-long health problems for the mother and her baby. 

Examples of factors that can increase the risk or cause cerebral palsy:

• Intracranial Hemorrhages (Brain Bleeds): Bleeding in the brain can damage the brain tissue and potentially cause cerebral palsy.
• Physical Birth Trauma: Including bone fractures or nerve damage which can contribute to causing cerebral palsy.
• Birth Asphyxia/Hypoxic-Ischemic Encephalopathy (HIE): Oxygen deprivation during the baby’s delivery can cause brain damage and significantly increases the risk of cerebral palsy.
• C-Section Errors and Delays: A C-section that is delayed or performed improperly can lead to other complications and increases the risk of cerebral palsy.
• Forceps and Vaccuum Extractor Injuries: Excessive force or the misuse of these tools can cause physical trauma to the baby’s head and increases the risk of cerebral palsy.
• Maternal Infections: An infection in the mother during pregnancy, including hepatitis B and rubella, heightens the risk of cerebral palsy.
• Failure to Provide Proper Fetal Monitoring: Medical personnel who fail to detect and respond to fetal distress can cause oxygen deprivation which increases the risk of cerebral palsy.

While these issues can increase the likelihood of cerebral palsy, they do not guarantee it. Cerebral palsy is often preventable. If any preexisting condition of the mother is mismanaged, the baby faces a higher chance of developing cerebral palsy. It is crucial to determine if any medical personnel erred before, during or shortly after the delivery that could permanently impair the baby’s cognitive and motor abilities.

What is Hypoxic-Ischemic Encephalopathy (HIE)?

HIE is a type of brain damage that occurs when the baby lacks oxygen before, during, or shortly after delivery. The longer a baby is without oxygen, the greater the risk of HIE development. HIE affects the baby’s central nervous system and can lead to development delays and conditions such as cerebral palsy. Many factors can heighten the risk of HIE including:

• Umbilical cord issues
• Emergency or delayed C-section
• Poor or no oxygen supply before, during, or after delivery
• Physical trauma during birth
• High or low blood pressure in the mother

If the baby and mother are not properly monitored, this is a greater risk of HIE. A mother’s blood pressure not being treated, a C-section not being performed efficiently, or any physical trauma to the baby can drastically increase the risk of HIE.

The symptoms of HIE may not develop until later in the child’s life, potentially around 3 or 4 years old. Depending on which part of the infant’s brain is damaged, HIE may cause different symptoms. The severity of the damage can also impact how prevalent your child’s symptoms are. Some of the symptoms caused by HIE includes:

• Trouble breathing
• Trouble hearing
• Not eating
• Seizures
• Organ failure
• Slow heart rate
• Muscle or reflex problems

These symptoms can also be caused by other health conditions, so it is important to consult your child’s doctor to make any diagnosis. 

HIE can lead to a variety of other health complications, depending on the severity of the brain damage. HIE can cause:

• Cerebral palsy
• Epilepsy
• Attention-deficit/hyperactivity disorder
• Learning problems
• Feeding difficulties
• Other developmental disorders

Diagnosing the condition as early as possible is crucial in preventing potential complications. Therapeutic interventions such as speech therapy and physical therapy can dramatically improve your child’s ability to thrive with their condition. Make sure to monitor your child for any potential symptoms of HIE and consult their doctor if you notice changes.

Birth Injuries vs. Birth Defects

It is important to understand the difference between a birth injury and a birth defect to know what legal steps you can pursue. Birth injuries and defects are inherently different and are caused by drastically different things.

Birth injuries are sustained before, during, or shortly after the delivery of a baby. Oftentimes caused by improper use of medical tools or excessive force during the child’s delivery, many birth injuries are preventable. Other common causes of birth injuries include:

• Failing to respond to an infant in fetal distress.
• Administering medication improperly.
• Not providing the baby with sufficient oxygen.
• Performing a delayed C-section.

Birth defects are present at birth and were formed during pregnancy. Birth defects can be caused by various genetic or environmental factors unrelated to the delivery process or medical intervention. Examples of birth defects include:

• Cleft lip or palate occurs when the mouth does not form properly.
• Down syndrome, one of the most common birth defects in the world, is caused by having an extra copy of chromosome 21.
• Anencephaly occurs when the infant does not develop significant parts of the brain or skull.
• Spina bifida occurs when the infant’s spinal cord and vertebrae do not develop properly during pregnancy. Specifically, it is a neural tube defect and occurs when the neural tube does not close completely.
• Heart defects include when the infant’s heart develops abnormally or has a misshapen valve.

Since most birth defects develop during pregnancy and are not caused by medical malpractice, you typically cannot file a lawsuit for your child having a birth defect. However, you may have a lawsuit if you can prove that your medical provider acted negligently during your pregnancy.

A Columbus birth injury attorney at The Fitch Law Firm can obtain the necessary medical experts to determine what caused your infant’s birth defect or injury and if you have a potential case. The first consultation is always free so there is no risk of getting your case evaluated by a legal expert.

What is Medical Malpractice?

Health care professionals are trusted to provide their patients with proper care. If any healthcare professional directly causes an injury to a patient through failing to provide this care, it may be considered medical malpractice. 

Examples of Medical Malpractice include:

• Failing to diagnose or misdiagnosing a patient
• Misinterpreting or ignoring a patient’s lab results
• Disregarding patient history/preexisting medical conditions
• Surgical errors, such as performing the wrong operation

According to the U.S. Department of Health and Human Services (HHS), medical malpractice payouts totaled over $4 billion in 2022. Birth injuries are amongst the most common medical malpractice cases. If you or a loved one has sustained a birth injury due to medical malpractice, you may qualify for financial assistance.

How Does Medical Malpractice Relate to Birth Injuries?

Doctors or other medical personnel may be medically negligent during a woman’s pregnancy by not adequately diagnosing or treating preexisting health conditions. Complications during birth may arise if the following conditions are not treated effectively:

• Maternal Infection
• Preeclampsia 
• Hypertension
• Obesity
• Diabetes

While the mother is in labor, doctors may commit medical malpractice if they fail to perform up to standard. This includes:

• Failing to monitor the baby’s or mother’s heart rate and vital signs
• Failing to perform a C-section in the appropriate time
• Improper use of medical devices
• Using excessive force to pull the baby out of the birth canal

Post-birth, a doctor can still act medically negligent if they fail to continue monitoring and treating the baby and mother. Life-long health complications can arise if the doctors:

• Fail to treat uterine or vaginal tears
• Fail to diagnose and treat newborn conditions, including jaundice
• Improperly/roughly handle the newborn
• Improperly prescribe medications

The Birth Injury Guide estimates that nearly 50% of all birth injuries are potentially preventable through identification and planning. This direct correlation between medical malpractice and birth injuries is alarming and emphasizes the need for an experienced birth injury attorney. An attorney will contact any necessary experts to best understand you or your child’s injury and how it may have been prevented.

Most Common Birth Injuries

Every year in the U.S., around 30,000 babies, or about three babies every hour, are born with a birth injury (Cerebral Palsy Guide). Many families are left to cope with their child’s symptoms without knowing what may have caused them. Medical negligence is a significant factor in causing birth injuries and families should not have to fight for justice alone. Birth injuries commonly caused by medical malpractice:

• Asphyxia (Oxygen Deprivation): When medical personnel fail to monitor a baby’s oxygen levels, oxygen deprivation can occur and the risk for cerebral palsy heightens.
• Nerve Damage: Rough handling or carelessness with a baby’s extremities can cause nerve damage. This can lead to a variety of serious conditions, including Erb’s palsy and Brachial plexus palsy.
• Forceps Injuries: Improper use of these medical tools can bruise or lacerate the baby. The mother can also be injured by improper use of forceps.
• Bone Injuries: A baby’s bones may be broken or fractured during childbirth. The risk for broken bones is heightened during a problematic delivery, including a breech delivery.

What is Erb’s Palsy?

Erb’s palsy is a condition that causes weakening or loss of muscle function in the shoulders and arms. Erb’s palsy is caused by damage to the brachial plexus, a collection of nerves that provide feeling and movement to the arms, shoulders, and hands. This condition is considered the most common type of brachial plexus palsy. Erb’s palsy can occur in both adults and infants.

Erb’s palsy can develop in infants as a result of traumatic force being used on the baby during delivery. If excessive force is used on the baby’s upper arm and shoulder, severe damage to the brachial plexus can occur increasing the risk for Erb’s palsy. For larger infants, the risk is even greater because they may get stuck in the birth canal and need pulled out by doctors. There are approximately 12,000 cases of Erb’s palsy in infants recorded each year (Cleveland Clinic). 

Erb’s palsy can lead to several life-long complications that impact mobility including:

• Numbness or a tingling sensation in the arm/hand
• Paralysis of the shoulder, arm, and elbow
• “The waiter’s tip” hand position; when the arm hangs by the side, the palm of the hand faces backward and the fingers curl upward.

Many infants with Erb’s palsy can recover with adequate treatment. However, for some it is a life-long condition. Adults living with Erb’s palsy must prioritize physical therapy and potentially have muscle or nerve reconstruction surgery to recover.

What is an APGAR Score?

An APGAR score is a quick test that is performed on a newborn 1-5 minutes after birth. The test is done to determine the health of the newborn based on five characteristics: 

• Skin color 
• Pulse (heart rate)
• Respiration (breathing)
• Muscle tone
• Reflex irritability

Each of these characteristics is rated on a scale of 0-2, with 2 indicating a healthier infant. The total score of the test ranges from 0 to 10 points, 10 indicating the healthiest possible infant. A score of less than 7 typically indicates some type of health concern for the infant and any score above 7 indicates a healthy baby. If a baby receives a low score, a medical professional can then assess what further treatment is needed. 

The heart rate portion of the test is often considered the most important part. This determines if the infant needs resuscitation or not. Failure to perform this part of the test could have fatal consequences.

Common Maternal Birth Injuries

Mothers can suffer from both physical and psychological injuries if medical personnel do not adequality monitor and treat them before, during and after the baby’s delivery. Common injuries to the mother caused by medical malpractice include:

• Postpartum hemorrhage can be caused if the doctors fail to respond to excessive bleeding or improperly monitor the mother’s vital signs.
• Abnormal blood pressure can be caused if the doctors fail to treat a mother’s high blood pressure.
• Maternal death can be caused by a misdiagnosis or failure to treat a diagnosis.

Those who suffer from a birth injury caused by medical malpractice are also more likely to develop post-traumatic stress disorder, anxiety, and depression. These hardships often make any legal battle more difficult for a mother to pursue, especially if her baby has also sustained injuries. At the Fitch Law Firm, we put you and your child’s needs first to ensure that you can focus on healing while we manage your case.

Symptoms of Birth Injuries

The impact of a birth injury can be short term or lifelong and can drastically affect a child’s physical and emotional health. The symptoms of a birth injury may appear immediately or develop over time depending on the location of the injury and the severity. Common signs of birth injuries include:

• Irregular physical characteristics including deformed spines, misshapen heads, or facial features.
• Sensory issues such as a heightened sensitivity to sound and light, sometimes causing abnormal eye movement or consistent ringing in ears.
• Breathing issues caused by the baby suffering from oxygen deprivation.
• Temperament problems are often symptoms of brain injuries and can lead to a baby being harder to calm down and crying excessively.
• Seizures, tremors, and muscle spasms occurring shortly after birth are common symptoms of infant brain damage.
• Developmental disabilities are not immediately noticeable, but a brain injury may be present if a child is slower than average to begin functioning independently. This includes crawling, walking, and talking.

Cerebral palsy is one of the most prevalent birth injuries and it is critical to catch the signs of it early. Knowing what signs to look for is the first step to receiving the necessary medical intervention. If cerebral palsy is caught early, certain therapies are available to improve your child’s motor and cognitive abilities while their brain is still in the early stages of development. According to the CDC, here is what to look for:

Infant Younger than 6 Months:

• They feel stiff or floppy.
• Their back and neck seem to overextend when you cradle them, and it seems like they are pushing away from you.
• Their legs get stiff and possibly cross when picked up.

Infant Older than 6 Months:

• They do not roll over.
• They cannot bring their hands together or to their mouth.
• They reach out with only one hand and keep the other in a fist.

Infant Older than 10 Months:

• Their crawl seems lopsided, using one hand and leg while dragging the other limbs.
• They do not crawl on all fours, they either hop on their knees or scoot on their bottom.

Monitoring your child’s development is the best way to detect the signs of cerebral palsy. If you notice any of these signs, it is recommended you tell your child’s doctor or nurse. The pediatric departments of many hospitals can perform a developmental screening to determine if your child has any developmental delays. If the test shows signs of delay, your doctor will recommend a developmental evaluation that can diagnose specific disorders, including cerebral palsy.

How Do I Know if my Child’s Birth Injury Was Caused by the Doctor? Once your child is diagnosed with a birth injury, it is natural to wonder how it happened. It is common for families to not consider if the injury was caused by medical malpractice or not. However, medical malpractice does cause a substantial number of birth injuries every year. Everyone makes mistakes, even the best doctors. If your child was diagnosed with a birth injury and you believe it was due to medical negligence, consult a medical expert. They can evaluate your case and your child’s condition to provide a formal opinion. 

If a medical expert confirms that your child’s birth injury was caused by medical malpractice, your next step may be to contact a Columbus birth injury attorney. At The Fitch Law Firm, we will analyze the details of your case to best determine what compensation you are entitled to. Our attorneys will get any necessary medical experts to evaluate your child’s condition and the potential causes.

What are Treatment Options for Birth Injuries?

Finding the right treatment option for your child’s birth injury is an incredibly important yet difficult task. Various forms of therapy can help your child improve their cognitive and physical abilities including: 

• Physical therapy
• Speech therapy
• Sensory integration therapy
• Behavioral therapy
• Group therapy

The most severe birth injuries may require surgery, medications, or medical devices. Surgery is often done to repair fractures or nerve damage but is a last resort treatment option for most. 

Medications are often used to limit the symptoms of birth injuries, such as pain or swelling. They can also be used to minimize muscle spasms or seizures caused by the injury and are typically used with another form of treatment to maximize recovery. For children with spastic cerebral palsy, medication can be used to relax muscles that are overactive.

Medical devices may be a necessity following a birth injury for mobility, respiratory, urinary, sensory, or feeding aid. Potentially necessary devices include wheelchairs, crutches, feeding tubes, ventilators, catheters, or hearing aids. 

There is no cure for cerebral palsy, but there are treatment methods in place that can improve the condition’s symptoms. Children with CP may require custom made orthotic devices to help with motor abilities, such as hip-knee-ankle-foot braces. Custom wheelchairs, hearing aids, and adaptive shoes are also common for children with CP. It is important to consult your child’s doctor when deciding which treatment is best.

Treatment for CP is long-term care and oftentimes lasts for the person’s whole life. Most medical expenses will add up as therapies, medications, and other treatments work best if they are recurring. Along with these costs, some children may require in-home care while their parents work to support them. 

If your child’s birth injury was preventable you may be entitled to financial compensation that can help with the cost of treatment. Contact The Fitch Law Firm today to determine who may be at fault and what damages you can claim. 

Will my Child Heal from their Birth Injury?

This is one of the hardest questions to answer definitively. Some infants with birth injuries may recover in a few months or years. For example, many infants with Erb’s palsy make a full recovery within several months, if treated effectively. However, there are severe cases of birth injuries that could have a life-long impact. Children born with cerebral palsy can have severely limited mobility for their entire life, and many adults with cerebral palsy rely on a caregiver to help with daily tasks.

It all depends on the type and severity of the birth injury, and if it was treated effectively. The location of the injury and how much damage is sustained can impact how long your child will be affected. If a doctor fails to respond to a birth injury or is unaware of it, the condition could worsen or permanently limit the child.

Getting treatment for your child as soon as the condition is diagnosed can make all the difference in their ability to thrive. Without the necessary treatments, such as physical or speech therapy, your child may struggle more with the symptoms of their condition. However, these treatments can quickly add up in cost and may not be accessible for all families. If your child’s birth injury was preventable, you may qualify for financial compensation. Contact The Fitch Law Firm to determine what your case may be worth and how an attorney can help your family heal.

Legal Aspects of Birth Injuries

What is a Birth Injury Considered in Legal Terms?

In Ohio, a birth injury refers to any harm sustained by the baby or mother before, during, or shortly after birth. If a birth injury is caused by a medical professional’s failure to perform up to the standard of care, you and your family have the right to seek financial compensation. 

What Damages Can I Claim in a Birth Injury Case?

Typically, the two types of damages in a birth injury claim are punitive and compensatory. Punitive damages are awarded to punish misconduct that was intentional or showed a blatant disregard for the infant’s wellbeing. If medical personnel acted maliciously, causing harm to a patient, they may be subjected to punitive damages.

Compensatory damages are awarded for noneconomic and economic losses. Economic losses include:

• Present and future medical bills
• Cost of rehabilitation including physical or speech therapies
• Reduced earning capacity
• Travel expenses for doctor and hospital visits
• Medical devices and equipment

Noneconomic losses include:

• Emotional distress
• Pain and suffering
• Reduced quality of life
• Disability

An attorney at The Fitch Law Firm can help you determine which damages you qualify for and how much your case might be worth using their extensive experience with birth injury cases. The first consultation is always free, so there is no risk of getting your case evaluated by a seasoned lawyer. 

How long do I have to take legal action for a birth injury in Ohio?

In Ohio, you only have one year after an incident of medical malpractice to file a personal injury claim according to O.R.C. 2305.113. However, there are several exceptions to this that may extend the time you have, particularly if there is an injury to a child. The Ohio statute of limitations is complicated. Consult an attorney as soon as possible to discuss the statute of limitations issue. The statute of limitations for wrongful death in Ohio is two years.

What is my Birth Injury Claim Worth?

It is hard to predict the exact amount that your case may be worth. Every case is different, so it is important not to compare birth injury case verdicts. However, there are several factors that can help you estimate what you should be compensated for. All birth-injury related expenses (past, present, and anticipated) should be compensated, which includes:

• Follow-up medical care
• Surgical operations
• Medical Equipment
• Therapy (Physical therapy, speech therapy)
• Childcare
• Medications
• Lost wages (If a member of the family has had to work less to care for the child)

An experienced attorney can help you determine what cost factors will contribute to what your claim is worth. Hospitals and insurance companies will often try to get you to settle for the lowest possible amount. It is crucial to have an attorney that puts you and your child first, so you do not settle for less than you deserve. At The Fitch Law Firm, we have experience going up against these large corporations and fighting for justice on behalf of all Ohioans. We put your best interest first and are confident representing you and your family against the organizations that put themselves first. 

What Could Impact my Birth Injury Case?

Several factors could impact the success and outcome of your birth injury case including:

• Injury type/severity: What injuries did your child sustain and how will it affect the rest of their life?
• Liability: Has liability been clearly established?
• Amount of evidence: Is there enough evidence to prove that the injury was caused by medical malpractice or negligence?
• Out-of-pocket costs: What have you spent and what do you expect to spend on your child’s birth injury? This includes verified financial costs such as medical expenses.

Choosing an experienced attorney will help limit how much these factors impact your compensation. A lawyer familiar with birth injury cases will be able to collect evidence on your behalf and help establish who is at fault. Dedicated attorneys can also find experts to determine the total out of pocket costs and anticipated costs, which may include lost wages.

What Do I Have to Prove in a Birth Injury Case?

In a medical malpractice case, and any birth injury case, it is crucial to prove several things. 

• The plaintiff, or injured party, must show that the doctor or medical personnel behaved negligently and deviated from the standard of care. 
• The plaintiff must also show that they were a patient of the medical personnel being sued, also known as the defendant. 
• Lastly, it should be proven that the defendant’s negligence caused the injury, and the injury is severe enough to warrant compensation.

Not every medical error involves medical malpractice. However, many people are victims of medical errors that were caused by medical personnel straying from the standard of care. Injuries or deaths caused by any doctor or other health professional not performing up to standard could be considered malpractice and qualify one for financial compensation.

In order to prove all necessary aspects of the case, sufficient evidence must be collected. A lawyer will use their expertise to evaluate your case and determine what evidence would strengthen your case. Common types of evidence collected in birth injury cases include:

• Detailed medical records: Includes any relevant diagnostic tests, notes from the healthcare providers, as well as records of the pregnancy, delivery, and postpartum period.
• Witness statements: Includes statements from healthcare providers that were present during delivery and can discuss what led to the infant’s birth injury.
• Hospital policies and procedures: Comparing the hospital’s standard of care to the events that led up to a birth injury can help determine the level of malpractice in a specific case.
• Billing records & other relevant expenses: Includes any expenses that occurred because of the birth injury, such as medical expenses for ongoing treatment.
• Child’s medical records: Includes medical records of the child’s current condition, such as records of any ongoing therapy treatments or specific needs of the child.
• Expert medical testimony: A qualified medical expert can study your case and determine if the medical personnel deviated from the standard of care and if that directly caused the infant’s birth injury.

The evidence collected will be different for every case. Contact a birth injury attorney at The Fitch Law Firm to determine what evidence may be relevant for your case and how we can help you and your child heal.

What is Standard of Care?

The standard of care refers to how a competent medical professional would treat a specific type of patient or diagnosis under similar or identical circumstances. If a medical professional deviates from the standard of care they are acting negligently, and sometimes this is considered medical malpractice. In a case of medical malpractice, the injured party or their family can file a lawsuit for compensation. It is important to know the level of treatment you deserve as a patient of medical professionals and when that treatment is less than standard.

Who is Liable in a Birth Injury Lawsuit?

In many medical malpractice cases, the personnel responsible for treating the injured patient is held liable for the harm they caused. This would include a surgeon that improperly performed a C-section or a nurse that failed to administer medication properly.

However, sometimes the hospital itself may be found liable. For example, if a hospital hired a doctor without running a background check or erred in scheduling and left the hospital short staffed, they may be liable for an injury or condition sustained by a patient.

Other individuals/groups that could be liable includes:

• Manufacturer of a defective/dangerous piece of medical equipment used during a baby’s delivery
• Anesthesiologist
• Obstetrician (OB-GYN)
• Attending physician during the baby’s delivery
• Nurses and other hospital employees

An experienced lawyer can determine who is liable in your birth injury case and what evidence is necessary to collect. A lawyer will also obtain expert witnesses to best understand the birth injury and how it was caused. 

What is the Timeline of a Birth Injury Case?

The first step to any birth injury case is getting you or your child’s injury diagnosed. If you are unsure if there is an injury, monitor for the symptoms and contact a medical professional if any changes are noticed. 

Once a birth injury has been determined, contact a lawyer to analyze your case and find if it is a case of medical malpractice. An experienced attorney will contact a medical expert to help establish the severity of the birth injury and what caused it. They will also gather evidence to help strengthen your case, including medical records, witness statements, and the expert’s testimony. Once your lawyer supports your case with this evidence, the lawsuit may be filed and both sides will begin exchanging discovery. After everyone involved has the necessary case information, settlement negotiations may begin. If both sides are unable to reach a settlement, your lawyer will begin preparing your case for trial.

The trial will begin with jury selection followed by opening statements from both sides. Both sides then elicit testimony. After all the witnesses have testified, each side will provide a closing argument for the judge and jury. Once the jury has learned all of the details regarding the case from both sides, they will deliberate a verdict. The jury will determine if the healthcare provider was liable for the injury, and if so, how much compensation is owed to the injured party.

Birth injury cases can take a significant amount of time to resolve. The length of the case depends on a variety of factors including the severity of the injury, the willingness to negotiate, the court’s availability, or the case’s complexity. If the case is unable to be settled outside of court, it will go to trial and significantly lengthen the legal process. It is important to contact a legal expert as soon as possible. 

What are the Outcomes of a Birth Injury Case?

There are two ways a birth injury case can end: a settlement or a trial. Many birth injury lawsuits result in settlements that take place outside of court. Settlements will close the case sooner than if it went to trial. However, it is important to know that many hospitals, insurers, or individuals who may be at-fault will want to settle for as little as possible and also engage in silly tactics. Having an experienced and dedicated lawyer will ensure you do not settle for less than you deserve.

How Much Compensation Can I Get for a Birth Injury Case?

Every birth injury case is different, so it is crucial to have your case evaluated to determine what it might be worth. Depending on the extent of you or your child’s injuries and your medical expenses, the compensation you receive will vary from case to case. 

How Much Does It Cost to Hire a Birth Injury Attorney?

Typically, it does not cost anything up front to hire a birth injury attorney. At The Fitch Law Firm, not only is the first consultation free, but we also work on a contingency fee basis. That means you don’t pay unless we recover and get you compensation.

Local Resources for Birth Injuries in Columbus, Ohio

Columbus, Ohio is home to many hospitals and maternity wards for families seeking care. If you or a loved one needs a medical professional to help before, during, or after the delivery of the child there are several local hospitals that have established themselves as nationally recognizable.

Hospitals for families located near Columbus, Ohio:

• Nationwide Children’s Hospital: Tied for #1 Children’s Hospital in all of Ohio and the Midwest according to U.S. News. Has been on the U.S. News & World Report’s Honor Roll for the 11th consecutive year, an honor only awarded to 10 children’s hospitals in the country. 
  • Nationwide Children’s Hospital offers specific treatment plans for cerebral palsy and other conditions. This includes offering physical, speech, and behavioral therapy. View their locations or schedule an appointment here.
• Ohio State University Wexner Medical Center: Ranked #28 in the nation for Obstetrics & Gynecology Hospitals. They have several offices in central Ohio that hold the most experienced Ob/Gyn experts. Learn more about what makes OSU Wexner Medical Center a great option for you and your family here. 
• OhioHealth Riverside Methodist Hospital: Ranked a level III Maternity Center by the Ohio Department of Health that provides families and mothers with the highest standard of care. Learn more about their maternity care here.
  • OhioHealth Riverside also offers a variety of maternity courses for parents and grandparents. The courses are held online or in person and cover a range of topics including breastfeeding, baby care basics, and childbirth education. Register for a course here.

Columbus is a continuously growing city, and with a growing population comes a higher demand for medical resources. In early 2021, the Columbus Division of Fire had to enact the emergency citywide ambulance diversion system to combat overflowing emergency rooms. According to The Columbus Dispatch, this system has to be enacted multiple times a year due to overcrowding in hospitals. Having to manage an influx of patients can lead the overwhelmed hospital staff to provide inadequate care. As we know, even the smallest error in a hospital can have the most devastating impact on an individual and their family. 

If you are located near Columbus, Ohio and are in need of at-home care for your child with a developmental disability, there are several resources that can help. At-home care can provide you with peace of mind that your child is safe and cared for while you work to support them.

At-Home Care Resources Near Columbus, Ohio:

• Home Watch Caregivers: This organization has over 19 years of experience providing at-home care for various developmental disabilities including cerebral palsy, autism spectrum disorder, and epilepsy. They provide services including meal preparation, companionship, light housekeeping, transportation, and medication reminders.
• Nationwide Children’s Home Care: One of the top children’s hospitals in the nation, Nationwide Children’s Home Care, provides children with developmental disabilities with the medical attention they need from the comfort of their home. They offer services including home medical equipment, short-term or long-term nursing, skilled therapy services (physical, speech, behavioral), and infusion pharmacy. 

If you or a loved one has suffered from a birth injury, it is important to have a lawyer who knows the Ohio law.

Statistics on Birth Injuries in Ohio

According to the American Public Health Association, Ohio ranks 7th in the nation for the highest infant mortality rate. Birth injuries are the fourth leading cause of infant mortality in the United States, causing 20% of all infant deaths annually (Cerebral Palsy Guide). These statistics are alarming for anyone, especially for those in Ohio looking to start a family. It is important to know which hospitals and medical services are reputable for you and your child. 

The average rate of birth injuries in the United States is roughly 7 out of every 1000 live births. Of these birth injuries, 80% are considered moderate to severe cases (Cerebral Palsy Guide). A moderate to severe birth injury would include any type of brain damage, nerve damage, or bone fractures. Under Ohio law, any harm sustained by the mother or baby before, during, or shortly after delivery is considered a birth injury.

In 2023, there were 126,896 live births in Ohio. Applying the national average of birth injuries would mean that in 2023, nearly 900 babies suffered from a birth injury in just Ohio. The number of people living with the consequences of birth injuries may increase as healthcare and insurance costs exponentially increase in Ohio. 

Ohio was recently ranked ninth in the U.S. for the highest rate of medical malpractice incidents, averaging 22.57 reports per 100,000 people annually. At The Fitch Law Firm, we analyzed data from the National Practitioner Data Bank, a database that accounts for all reports of medical malpractice in the U.S. We analyzed the reports made in all fifty states from 2019 to 2023 and compared the numbers to each state’s population. Ohio was determined to have the ninth highest number of reports compared to their population, an alarming ranking for all Ohioans. 

Having a local attorney that is confident in navigating Ohio law can help victims of medical malpractice combat this shockingly high ranking. The Fitch Law Firm, based in Columbus, understands this heightened need for medical malpractice attorneys and is here to help Ohioans with over thirty years’ experience representing your best interests.

Cost of Cerebral Palsy

Countless families struggle to support their loved ones with cerebral palsy because of expensive treatments. Many children with cerebral palsy require custom made medical devices, such as hearing aids or wheelchairs, that can cost thousands of dollars alone. On top of this, therapy treatments such as physical therapy, speech therapy, and behavioral therapy cost anywhere between $100 and $450 per session. People living with cerebral palsy may require in-home care that costs an average of $14,528 per patient per year and in-patient hospital stays that cost an average of $2,096 per patient per year (JMCP). These costs add up quickly and can create financial distress for anyone. 

According to an article in the Journal of Managed Care and Specialty Pharmacy, the average annual cost of Medicaid for a child with cerebral palsy is 15 times higher than other children under Medicaid coverage ($22,383 for a child with CP compared to $1,358 for other children). This is because children with CP often require extensive and specific medical services that quickly add up in cost. 

Ohio’s Medicaid program provides coverage for more than 3 million people, nearly 26% of all Ohioans. While Medicaid provides health coverage for those in need, it does not provide the best coverage for those with specific medical conditions. The Journal of Managed Care and Specialty Pharmacy found that 42.4% of Medicaid-eligible children with cerebral palsy did not receive therapies that are commonly used for cerebral palsy management. 

In 2023, the average income per person in Columbus, Ohio was $37,189 and nearly 18% of all people were living in poverty (Census.gov). A large part of the population struggles financially, and supporting a child with cerebral palsy only increases the financial burden. Seeking legal help may be the best way to receive the financial support you need. An experienced attorney can determine what you deserve and ensure that you don’t settle for any less. 

About The Fitch Law Firm

At The Fitch Law Firm  we are passionate about restoring the lives of Ohio families and individuals. We prioritize protecting your legal rights and providing you peace of mind throughout the legal journey. When dealing with hospitals or insurance companies whose main concern is themselves, it is crucial to have a lawyer that will put you first.

Our attorneys are confident in navigating Ohio legal procedure. Legal “reforms” have impacted how much Ohioans can recover in a lawsuit and reinforce the need for an experienced lawyer. Over the years, we have recovered millions for our clients, and the majority of our cases have been resolved without going to trial. We will work diligently to make sure you receive the compensation you deserve. 

The Fitch Law Firm is in the heart of Columbus. Native to the state, our attorneys understand the concerns facing many Ohioans including increased traffic on our roads, access to healthcare, and limited affordable housing. The last thing people should be worried about is which attorneys they can trust. The Fitch Law Firm is here for you and your best interest.

To best understand your case, our team will investigate the events that led up to your child’s birth injury with the help of medical experts. Our investigation may include:

• Questioning any witnesses present at the time of birth, this may include nurses or doctors
• Working with medical experts to best understand the injury and what may have caused it
• Going over your detailed medical records to best understand what led up to the birth injury

Every case is different and will require unique investigations. Our team will evaluate your case so we can best personalize the investigation to strengthen your case. 

Choosing an attorney can be a challenging task and for many the deciding factor is cost. When dealing with the aftermath of a birth injury, no one should have additional costs to worry about. At the Fitch Law Firm, all potential fees are discussed up front, guaranteeing no surprise costs later. Our attorneys also work on a contingency fee basis, you do not pay unless we recover money for you.

If you would like to discuss a potential case, do not hesitate to call us at (614) 545-3930 or schedule a free consultation on our website. We want to take care of all your legal needs correctly and will ensure that we can give your case the time it deserves. We understand this may be a challenging time for you and your family, but you are not alone. Let The Fitch Law Firm alleviate your stress and help get you the highest possible compensation. 

Contact a Birth Injury Attorney Today

You deserve a qualified legal advocate that has experience fighting for justice in Ohio. Our team of compassionate lawyers will make sure you and your family can focus on your child’s health throughout the legal journey. 

We will determine who is at fault, work with medical professionals to fully understand the injury and what caused it, work with experts to assess the extent of your damages and ensure that you and your child receive the best care going forward. We are here for you 24/7 and will continue to help even after the case is settled. If you need help, do not hesitate to contact The Fitch Law Firm today for a free consultation.