How an Ohio Birth Injury Attorney Can Help With Your Birth-Related Malpractice Claim

An Ohio birth injury attorney has the sole goal of obtaining as much legal relief as possible for their clients. They take on numerous tasks and challenges that allow them to hold insurance companies and healthcare professionals liable for their negligence.

If you are dealing with the consequences of a birth injury, an Ohio birth injury lawyer can help you fight for justice.

The Role of an Ohio Birth Injury Attorney

The role of a birth injury attorney consists of representing clients who are seeking compensation. Throughout the process, there are various hurdles injury victims must face, including building a case for negligence.

Making matters more complicated are medical malpractice insurance companies that fight claimants every step of the way. Their goal is not to compensate but to escape paying high compensation payouts, even when they are justifiable.

Ohio birth attorneys also provide their clients with guidance and counsel, which gives clients a great deal of peace during the claims process.

Evaluating Birth-Related Medical Malpractice Claims

Your first meeting with an Ohio birth injury attorney is the first step in the evaluation process of your claim. After reviewing your case, your attorney will tell you whether they believe you have a valid claim. If they believe you do, they will proceed with the case.

The next step would involve obtaining an affidavit of merit. This affidavit is a document asserting that a qualified medical professional has reviewed the claim and finds the allegations of medical malpractice to have merit. It is not a determination of malpractice but an acknowledgment that negligence may indeed have occurred.

Uncovering Evidence to Support Your Claim

Your claim needs hard evidence of negligence. Allegations are not enough. Because of the technical nature of modern medicine, the evidence involved is complex, specialized, and detailed. Your attorney must consult with relevant medical experts and also have a grasp of the issues at stake.

Evidence involved in birth injury cases may include:

• Medical records
• Test results
• Hospital staffing records
• Witnesses
• Expert testimony
• Photos or video footage

Your own words will also prove to be valuable evidence in your birth injury claim.

Establishing Causation

Causation is an essential element of medical malpractice claims that requires plaintiffs to demonstrate that the healthcare professional’s negligence caused the birth injury in question. In other words, the evidence your attorney gathers must show a link between the negligence and the injury.

For example, if the birthing staff fails to identify a problem they should have recognized, the evidence must show that the injury would not have occurred had they recognized the problem and taken action.

Leveraging Expert Witnesses

Expert witnesses are usually instrumental in medical malpractice cases because their testimony is necessary to establish causation and negligence. Your attorney will work closely throughout your claim to gather vital expert testimony that backs up your case.

If a trial occurs, they will ensure that the expert witness clearly presents medical evidence to the jury.

Calculating Damages

During damages calculations, your Ohio birth injury attorney will fiercely safeguard your financial interests in the matter. Ohio allows various types of damages for birth injury claimants, including damages for medical bills, lost income and wages, pain and suffering, and loss of society and companionship.

Compassionate Legal Support

Quality legal representation involves compassionate legal support. Injured clients and their families need attorneys who provide a dimension of care and empathy in the legal services they give. They need individualized attention for their unique circumstances and attorneys who give them hope.

What Is the Statute of Limitations for Birth-Related Malpractice Claims?

Most medical malpractice claims have a one-year statute of limitations. However, birth-related claims on the part of the child are exempt from this rule and are tolled until the child turns 18. Additionally, evidence of injury to the mother that develops after the occurrence of the negligent act may lead to the tolling of the statute of limitations.

What Professionals Can Be Sued for Birth-Related Malpractice?

Various medical professionals may be involved in a birth, and all of them must exercise reasonable medical care throughout the delivery. They include:

• Doctors
• Nurses
• Midwives
• Anesthesiologists
• Surgeons
• Doulas

Additionally, the hospital or birthing center that employs a negligent birthing professional may also be held liable for that professional’s malpractice.

Even if the professional is an independent contractor, the hospital may still be held vicariously liable under the theory of apparent agency (the independent contractor gives the appearance of being an agent of the hospital).

Keep in mind that some birth injury cases may involve non-malpractice negligence or unlawful acts. For example, birth injuries caused by a defective medical device or tool are not medical malpractice. They are considered to be a product liability issue unless the hospital or doctor knew the device was defective and decided to use it anyway.

How Long Will My Birth-Related Malpractice Claim Take?

Given the complex nature of birth injury cases, your claim could take many months or even years to resolve. It is impossible to determine how long any given birth injury case might take without first reviewing the facts. In every case, competent birth injury lawyers go to great lengths to get their clients compensated in a reasonable fashion.

Some issues that may lead to longer resolution times in your birth injury claim include:

• Unclear liability
• Evidence issues
• Serious injuries

Delays in seeking an attorney can also lead to extended resolution times. If a claim goes to trial, this also extends the time it takes to receive compensation.

Get Help With Your Birth Injury Claim Today

An Ohio birth injury lawyer is an essential component of your birth injury claim. They compel insurance companies and negligent professionals to pay for negligence that harms babies, mothers, and entire families. If you need help seeking justice for a birth injury, contact the Moore Law Firm today.