Preventable Errors. Lifelong Consequences

At Beausay & Nichols Law Firm, we understand the challenges families face when a newborn or the mother suffers harm due to medical malpractice. With 80 percent of our caseload involving medical negligence, we have handled numerous birth injury cases stemming from preventable errors during labor and delivery. We know how to get victims the compensation they deserve under Ohio law. Call our birth injury lawyers in Columbus today for a free case evaluation.

What Are Birth Injuries?

Birth injuries are physical or neurological harm sustained by a baby during pregnancy, labor, or delivery. These injuries can range from minor bruising or fractures to serious conditions such as cerebral palsy, brachial plexus injuries, or brain damage. While some birth injuries occur despite proper medical care, others may result from medical negligence or errors during delivery. The attorneys at Beausay & Nichols Law Firm help families understand what qualifies as a birth injury and guide them through legal options to secure compensation and support for their child’s long-term care.

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What Typically Causes Birth Injuries?

Birth injuries can result from a variety of factors, some unavoidable and others caused by medical errors or negligence. Understanding the common causes can help parents recognize when to seek guidance. Typical causes of birth injuries may include:

  • Lack of proper monitoring during labor and delivery
  • Oxygen deprivation (hypoxia or anoxia)
  • Improper use of delivery tools, such as forceps or vacuum extractors
  • Premature birth or low birth weight complications
  • Mismanagement of maternal health conditions, like gestational diabetes or high blood pressure
  • Medical staff errors, including delayed or incorrect interventions

What Compensation Can I Receive for a Birth Injury?

Families affected by a birth injury may be entitled to compensation for a wide range of losses, both financial and non-financial. Our attorneys help parents understand the types of damages that may be available and guide them through the process of seeking fair recovery. Compensation for a birth injury may include:

  • Medical expenses, including ongoing care and therapy
  • Costs for specialized equipment or home modifications
  • Lost wages or reduced earning capacity of the child or parent
  • Pain and suffering or emotional distress
  • Future care and rehabilitation costs
  • Educational support or tutoring needs

Types of Birth Injuries Our Columbus, OH, Birth Injury Lawyers Handle

Birth injuries can occur in a variety of ways, all of which have the potential to cause lasting harm to newborns. Our skilled team is qualified to handle any type of birth injury, and we regularly represent children and families dealing with the following issues:

Cerebral Palsy

Cerebral palsy is a neurological disorder caused by brain damage during or shortly after birth, leading to difficulties with movement, posture, and coordination. According to expert reports, 30% of cerebral palsy cases are caused by birth injuries.

Brachial Plexus Injuries

Stretching of the cervical nerve roots during delivery can damage the network of nerves controlling the arm and hand, potentially causing weakness or paralysis. 

Erb’s Palsy

Excessive force during delivery can lead to this type of brachial plexus injury that majorly affects the upper parts of the arm.

Lack of Oxygen

Oxygen deprivation during birth has been the main cause of many developmental delays or cognitive impairments in children. One of them is Hypoxic-ischemic encephalopathy (HIE), a condition linked with reduced blood flow to the brain.

Spinal Cord Injuries

These are especially caused by intense rotation or traction during extraction. Often, severe damage to the spinal cord may cause paralysis or other permanent disabilities.

Respiratory Failure

This is a condition where the baby cannot breathe properly at birth, possibly because of the doctor's failure to treat respiratory disorders such as apnea.

Cesarean Section Error

Mistakes during a C-section can harm the mother or baby, including lacerations or delivery delays.

Fetal Distress

Labor complications, such as difficult or rapid labor can cause distress to the baby. This often causes brain damage and sometimes death. 

Facial Nerve Damage

At times, pressure or force during delivery can injure the nerves controlling facial movements.

Preeclampsia

This is a maternal condition that accounts for around 15% of premature deliveries. It is marked by high blood pressure that, if left unchecked, can harm both the mother and baby.

Birth injuries can affect a child's quality of life and place significant burdens on families. If you believe your child's injury was caused by medical negligence, our team is here to provide professional guidance on how to go about seeking compensation.

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How Can a Lawyer Help With Your Case?

Handling a birth injury case in Columbus, Ohio, requires in-depth legal and medical knowledge. At Beausay & Nichols Law Firm, we have over four decades of experience advocating for victims of medical malpractice. Here's how we can help with your claim:

Investigating Your Case

A birth injury attorney at Beausay & Nichols will thoroughly investigate the circumstances surrounding your child’s injury. This includes reviewing medical records, partnering with medical experts for their opinions, and identifying instances of negligence on the part of medical professionals. Our three-lawyer firm allows us to deliver personalized attention to each case so that every minute detail gets proper consideration.

Proving Medical Negligence

To secure compensation, you must demonstrate how your healthcare providers deviated from the level of care expected in similar delivery circumstances. This involves demonstrating that their actions directly caused the injury. Our attorneys have robust resources and knowledge in medical malpractice cases, making us well-equipped to build a winning case.

Calculating Damages

Birth injuries often cause significant financial losses and ongoing burdens. Your Columbus, OH, birth injury lawyer will calculate the full extent of damages to ensure your family receives fair compensation. With a focus on catastrophic injuries, we understand the long-term impact that medical malpractice can have on families.

Navigating the Legal Maze

Birth injury cases in Columbus, OH, are subject to various legal rules. For example, you only have one year to launch a medical malpractice lawsuit. This is very important because failure to adhere to the statute of limitations will almost certainly result in the court dismissing your case. However, when you retain a lawyer, you can rest assured that your case will be filed on time to ensure you are not left covering medical expenses out of pocket.

Jeffrey Beausay Smiling

Why Choose the Columbus Birth Injury Attorneys at Beausay & Nichols Law Firm?

Managing a birth injury while caring for your newborn can be overwhelming. That’s why it’s important to retain a birth injury attorney in Columbus to protect your interests and pursue compensation. With over 40 years of combined experience, the team at Beausay & Nichols Law Firm is committed to assisting clients who have suffered catastrophic injuries. We understand the challenges involved and have the resources, knowledge, and commitment to provide strong representation. Respected by peers throughout the Columbus legal community, our firm is recognized for its relentless advocacy on behalf of our clients and for achieving outstanding results.

Our team’s expertise and dedication have been recognized through awards and honors, including:

  • Rated “Excellent” by Avvo
  • Honored as a Super Lawyers Rising Star
  • Selected as an Ohio Super Lawyer
  • Listed among Top National Trial Lawyers

If you suspect nursing home neglect or abuse, contact us today. Our attorneys will guide you through your options.

Birth Injury FAQs

Have More Questions?

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Who can be held liable for birth injuries?

Liability for a birth injury can extend to healthcare providers, including doctors, nurses, midwives, hospitals, or other medical staff, if negligence or mistakes during pregnancy, labor, or delivery contributed to the injury. In some cases, multiple parties may share responsibility. The attorneys at Beausay & Nichols Law Firm carefully investigate each case to identify all potential liable parties.

How long do I have to file a claim for a birth injury in Columbus, Ohio?

Ohio law sets a statute of limitations for filing medical malpractice claims, including birth injuries. Generally, claims must be filed within one year from the date the injury was discovered, though there are exceptions for minors. Our attorneys can review your situation to ensure that your claim is filed within the required timeframe.

What’s the difference between a birth injury and a birth defect?

A birth injury is harm that occurs during labor or delivery and may result from medical negligence or accidents. A birth defect, on the other hand, is a structural or functional abnormality present at birth, often caused by genetics or developmental issues during pregnancy. Determining the cause is critical in assessing whether legal action is appropriate.

Who is most at risk for birth injuries?

Certain factors may increase the risk of birth injuries, including:

  • Complicated or prolonged labor
  • Premature or high-risk pregnancies
  • Large babies (macrosomia)
  • Maternal health conditions, such as diabetes or high blood pressure

What are common treatments for birth injuries?

Treatment depends on the type and severity of the injury. Common interventions may include:

  • Physical, occupational, or speech therapy
  • Surgery to correct injuries
  • Medication or ongoing medical care
  • Assistive devices or adaptive equipment
  • Specialized educational services

When will my case be resolved?

The timeline for birth injury cases varies depending on the complexity of the injury, the availability of medical evidence, the progress of insurance negotiations, and whether the case proceeds to trial. Some cases settle in a few months, while others may take several years. Our team works diligently to resolve cases efficiently while ensuring fair compensation for your child’s needs.

Do birth injury cases always go to trial?

No. Many birth injury cases are resolved through settlement negotiations before trial. However, if a fair settlement cannot be reached, our attorneys are fully prepared to take your case to trial to advocate for the compensation your family deserves.

How much does it cost to hire a birth injury lawyer?

We handle birth injury cases on a contingency fee basis, which means you pay nothing upfront and only pay legal fees if we recover compensation on your behalf. This enables families to pursue justice without incurring additional financial stress.

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