When a baby is injured during labor or delivery, parents are left with devastating questions and few clear answers about what went wrong, whether it could have been prevented, and if a legal claim can be made.
The foundation of every birth injury case is the standard of care. Without a qualified medical expert willing to testify that a provider deviated from that standard and that the deviation caused the injury, most cases cannot move forward.
Beausay Law Firm has spent over 40 years helping Ohio families find answers and get justice. As recognized Super Lawyers Rising Stars and Top National Trial Lawyers, our attorneys have handled some of the most complex birth injury cases in the state, including a $2.8 million recovery for a baby who suffered cerebral palsy and spastic quadriplegia after caregivers failed to respond to a non-reassuring fetal monitoring strip.
In this blog, we'll walk you through what expert medical review actually involves, why it's so critical, and what families should know before pursuing a birth injury claim.
Common Birth Injuries That May Involve Expert Review
According to the Centers for Disease Control and Prevention and peer-reviewed obstetric literature, common birth injuries that may give rise to malpractice claims include:
- Cerebral palsy, which is often linked to oxygen deprivation during labor
- Brachial plexus injuries (Erb's palsy), which are sometimes caused by excessive traction during delivery
- Hypoxic-ischemic encephalopathy (HIE), which is a brain injury from oxygen deprivation
- Intracranial hemorrhage, or bleeding in or around the brain
- Skull fractures, which are associated with instrument-assisted deliveries
- Spinal cord injuries, which are rare but catastrophic
What Does “Standard of Care" Mean?
In medical malpractice law, the standard of care refers to the level and type of care that a reasonably competent and skilled healthcare professional, with a similar background and in the same medical community, would have provided under the same circumstances.
In a birth injury case, that standard shapes everything. For example:
- Complications aren't automatically malpractice. Difficult outcomes can occur even when a medical team does everything right.
- Malpractice occurs when avoidable mistakes are made. The question isn't whether something went wrong, but whether the medical team acted as a competent provider should have.
- Proving that distinction requires expert opinion. No matter how clear the facts seem, the law requires a qualified medical expert to draw that line.
Under Ohio Revised Code § 2317.02, pursuing a medical malpractice claim also requires filing an affidavit of merit, a document signed by a qualified medical expert confirming the claim has merit before the case can proceed in court.
What Expert Medical Review Actually Involves
When we take on a birth injury case, one of our first priorities is building a medical review team. This process is detailed, time-intensive, and absolutely essential. Here's what it looks like in practice:
- Obtaining and Analyzing Medical Records
- We gather complete obstetric records, including:
- Prenatal visits
- Labor and delivery notes
- Fetal monitoring strips
- Nursing documentation
- Operative reports
- Neonatal records
In complex cases, this can amount to thousands of pages, but every entry matters because establishing the timeline of events is crucial.
Engaging Qualified Medical Experts
We work with board-certified obstetricians, neonatologists, pediatric neurologists, and other specialists depending on the nature of the injury. These experts review the records and render opinions on whether the standard of care was met or breached.
Evaluating Causation
To reiterate, it's not enough to show that a provider made a mistake; the expert must establish that the mistake caused the injury. In birth injury cases, causation can be genuinely complex.
For example, determining whether a baby's hypoxic-ischemic encephalopathy resulted from a failure to perform a timely C-section versus a pre-existing condition requires deep medical knowledge and careful record analysis.
Connecting Injury to Long-Term Impact
Expert review doesn't stop at what happened in the delivery room. We work with life care planners and medical experts to document the full scope of a child's future needs, ensuring compensation reflects the real, lifelong cost of the injury.
This may include:
- Therapy
- Assistive devices
- Medical care
- Educational support
What Families Should Know Before Pursuing a Claim
Hospitals and their insurers don't concede birth injury claims easily. From the moment an adverse outcome is documented, they have legal teams, risk managers, and their own experts working to minimize liability.
That's why who you hire matters as much as the facts of your case. When evaluating a birth injury attorney, consider:
- Their expert network: An attorney handling high volumes of general personal injury work may not have the relationships to quickly retain the right specialists. Beausay Law Firm attorneys have spent decades building a network of credible, qualified medical experts who can withstand rigorous cross-examination.
- Their experience with complex medical cases: Birth injury litigation requires a different level of preparation and resources than most personal injury claims. It's not the place for a generalist.
- Their timeline: Ohio's statute of limitations for medical malpractice is generally 1 year from the date of discovery, with some exceptions for minors. Waiting is never advisable because medical records become harder to obtain over time.
We're Here for the Conversations That Matter Most
Birth injury cases are among the most emotionally charged and legally complex matters we handle. Our duty, above all else, is to listen. Then we investigate, thoroughly and honestly, and tell you what the evidence shows.
At Beausay Law Firm, you will always speak with an attorney—not a paralegal or a call center. Jacob Beausay and Jeff Beausay personally evaluate every case. We work on a contingency fee basis, which means you pay nothing unless we recover compensation for you.
If your child suffered a birth injury and you have questions, we're here to help. Contact Beausay Law Firm at (614) 505-4533 or schedule a free case evaluation online. Our team serves families throughout Columbus and all of Ohio, and we're honored to stand with yours.
Legal Disclaimer: This blog is intended for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship with Beausay Law Firm. Every case is different. If you believe you have a birth injury claim, please consult a licensed Ohio attorney to discuss the specific facts of your situation.
