Toledo Birth Injury Attorneys

Fighting For Birth Injury Victims Across Ohio

Medical providers who care for pregnant mothers and assist in labor, delivery, and childbirth have legal duties to treat patients in accordance with the accepted standards of their profession. When they fail to do so, often due to negligence, they can be held liable for the damages victims suffer as a result.

At The Becker Law Firm, LPA, our Toledo birth injury lawyers have spent decades litigating complex birth injury claims across Ohio and the nation and have earned a record of success in high-stakes cases.

We know how insurance companies fight to deny liability when providers fail to meet their “duty of care” and what’s needed to develop arguments that support claims. This insight makes our clients confident, knowing their cases are in capable hands and positions them to obtain full compensation.

Call The Becker Law Firm, LPA, today at (440) 252-4399 or contact us online to schedule a consultation with our birth injury attorneys in Toledo.

What is a Birth Injury?

A birth injury is harm that occurs to a baby or mother during the process of labor and delivery. These injuries can happen due to complications during childbirth, improper medical interventions, or issues arising from the baby's position or size. Birth injuries can range from mild and temporary to severe and long-lasting, sometimes affecting physical or neurological development.

Common types of birth injuries include:

• Brachial Plexus Injuries (Erb’s Palsy): Caused by damage to the network of nerves controlling the arm and hand. This injury often happens when the baby's shoulder gets stuck during delivery (shoulder dystocia), leading to weakness or paralysis in the affected arm.
• Cerebral Palsy: Often results from brain injury before, during, or shortly after birth. Causes include lack of oxygen, infection, or traumatic delivery, affecting muscle tone, movement, and coordination.
• Fractures (usually clavicle): The clavicle, or collarbone, is the bone most commonly fractured during delivery. This injury often occurs if there are difficulties with the baby's shoulders or if the baby is larger than average.
• Facial Nerve Injury: Pressure on the baby's face during delivery (e.g., from forceps) can cause damage to facial nerves, leading to temporary or sometimes permanent weakness on one side of the face.
• Intracranial Hemorrhage (Brain Bleeding): Bleeding within the baby’s brain can occur if there is trauma during birth, particularly in cases involving the use of forceps or vacuum extraction.
• Caput Succedaneum and Cephalohematoma: These are two types of scalp injuries caused by pressure on the baby's head during delivery. Caput succedaneum is swelling of the scalp, while cephalohematoma is bleeding between the skull and periosteum (the membrane covering the bones).
• Perinatal Asphyxia: This occurs when a baby doesn’t receive enough oxygen before, during, or right after birth, potentially causing brain injury and leading to lifelong neurological conditions.
• Spinal Cord Injuries: Rare but can occur due to severe trauma during delivery. These injuries may result in permanent paralysis or severe neurological deficits.

Additionally, birth injuries can also refer to injuries to the mother, such as perineal tears, pelvic floor injuries, or complications from a cesarean section. Proper medical care and prompt intervention can sometimes reduce the risk of both maternal and neonatal birth injuries.

Why Choose The Becker Law Firm, LPA?

The Becker Law Firm is one of Ohio’s most respected civil trial law firms. Backed by a team of highly experienced litigators – including two NBTA Certified Civil Trial Specialists (Michael Becker and Romney Cullers) and attorneys who are also Registered Nurses – our team has earned a reputation for our ability to handle complex, high-stakes claims.

Clients throughout Ohio and attorneys with complex cases nationwide turn to The Becker Law Firm when they need help with medical negligence cases. There are many reasons why:

• We’ve secured Ohio’s largest personal injury settlement for a single victim.
• We have recovered over $600 Million in compensation for victims and families, and have successfully represented children across the U.S., from Maine to Hawaii.
• Our birth injury lawyers have over 100 years of combined experience, and have been recognized among the nation’s best.
• Our team includes lawyers who are also Registered Nurses with medical expertise.
• We have negotiated multiple eight-figure settlements for birth injury clients.
• Our firm has secured verdicts in birth trauma cases across Ohio, including hundreds of millions in cases other law firms turned down.

Birth Injury Claims We Handle

Since 1980, The Becker Law Firm has focused solely on protecting the rights of clients who’ve suffered harm and losses due to the negligence of others. If you believe a birth injury resulted from substandard care, you may be able to bring a claim against the at-fault party (or parties).

While each case should be personally reviewed by an attorney to better understand what allegations can be raised, examples of birth injury claims handled by our firm include:

• Failures to prevent, diagnose or treat:
  • Fetal distress
  • Placental abruption
  • Prolapsed umbilical cord
  • Gestational diabetes
  • Infections
  • Oxygen deprivation
• Negligent management of high-risk births, including:
  • Premature births
  • Suspected large fetus
  • Multiple births (twins, triplets)
  • Delayed C-sections or failures to perform emergency C-sections
• Trauma during delivery involving:
  • Improper use of forceps/vacuum extractors
  • Improper delivery technique
  • Shoulder dystocia
  • Cranial Compression (excessive pressure on the fetal head)

From infant brain damage, HIE, and cerebral palsy to lasting physical, financial, and emotional strains, birth injuries can profoundly alter families’ lives. At The Becker Law Firm, we’re committed to helping victims fight back against negligent providers for the compensation needed to navigate their futures.

Who is Liable for a Birth Injury?

Liability for a birth injury can fall on various parties, depending on the circumstances of the injury, such as medical negligence, improper handling, or inadequate care. Below are the main parties who may be held liable for a birth injury:

• Obstetrician or Delivering Physician: The obstetrician or physician who manages the labor and delivery is primarily responsible for ensuring the safety of both the mother and the baby. If the injury results from the doctor’s negligence, such as improper use of delivery instruments (forceps or vacuum), failure to monitor the baby’s oxygen levels, or errors during surgery (e.g., C-section), the doctor may be held liable.
• Midwife: In cases where a midwife is involved in the delivery, they may be held responsible if the injury was caused by their failure to follow proper protocols or guidelines for care. If the midwife is not qualified or properly trained for the specific birth situation (e.g., handling complications), they can be held accountable.
• Nurses: Nurses who assist in labor and delivery are responsible for monitoring the mother and baby during childbirth. If a nurse fails to report signs of distress, provide proper care, or follow doctor’s orders, they may be liable for birth injuries, especially if the injury was preventable.
• Hospital or Medical Facility: Hospitals and medical facilities may be held liable if the injury was caused by improper procedures, inadequate equipment, or failure to maintain proper safety standards. This can include errors such as inadequate staffing, failure to properly monitor fetal heart rates, or delays in providing necessary interventions.
• Anesthesiologist: If the injury results from an error related to anesthesia, such as improper administration of epidurals or general anesthesia, the anesthesiologist may be held liable. Mistakes in dosage, placement, or failure to properly monitor the mother during anesthesia can lead to complications affecting both mother and child.
• Laboratory Technicians or Medical Specialists: In some cases, lab technicians or specialists who handle prenatal tests or ultrasounds could be liable if an error in diagnosis or failure to recognize critical issues (e.g., fetal distress or infections) leads to a birth injury. This includes failing to identify potential complications in advance that could have altered the course of the delivery.
• Medical Device Manufacturers: If the injury results from a defect in medical equipment (e.g., forceps, vacuum extractors, or monitors), the manufacturer of the faulty device could be held liable for the injury. This would be a product liability case, where the defect in the product directly caused harm.
• Emergency Medical Personnel: In cases of emergency deliveries or situations involving first responders, paramedics, or other medical personnel, they could be held responsible for injuries that result from improper actions or delays in medical treatment, especially if they fail to follow proper protocols in transferring or assisting with childbirth.

Legal concepts in birth injury claims include:

• Medical Negligence or Malpractice: This is the most common legal theory used in birth injury cases. A healthcare provider can be held liable if they fail to meet the standard of care expected in their field, leading to preventable harm to the mother or baby.
• Vicarious Liability: In some cases, a hospital or healthcare facility can be held vicariously liable for the actions of its employees (e.g., doctors, nurses) if the injury occurred during the course of their employment.
• Failure to Obtain Informed Consent: In situations where a medical intervention, such as a cesarean section or forceps delivery, leads to injury, a healthcare provider may be held liable if they did not fully inform the mother of the potential risks and alternatives to the procedure.
• Product Liability: If the injury is caused by a defect in a medical device or product used during the birth, the manufacturer of the product could be held responsible.

How to Prove Negligence in a Birth Injury Claim?

Proving negligence in a birth injury case requires demonstrating that a medical professional failed to meet the standard of care expected in their field, which resulted in harm to the newborn. The following elements must be established:

Duty of Care

Medical professionals, which includes obstetricians, nurses, and hospital staff, are legally obligated to provide their patients a standard level of care. This includes thorough monitoring during pregnancy and childbirth.

Breach of Duty

To establish negligence, it must be shown that the medical professional failed to adhere to the accepted standard of care. This can involve:

• Inadequate Monitoring: Failing to monitor the fetal heart rate or maternal condition appropriately.
• Improper Use of Delivery Instruments: Using forceps or vacuum extraction incorrectly can lead to injuries.
• Delayed Intervention: Failing to perform a timely C-section when complications arise can result in harm to the child.

Causation

It must be established that the breach of duty directly caused the birth injury. This often demands expert testimony from medical professionals who can explain how the negligent actions led to the specific injury.

Damages

Finally, the claim must demonstrate that the injury resulted in quantifiable damages, such as:

• Medical Expenses: Costs associated with treating the birth injury.
• Long-term Care Needs: Ongoing medical treatment, therapy, or special education for the child.
• Pain and Suffering: Emotional pain experienced by the child and family due to the injury.

Gathering Evidence

Building a strong birth injury claim requires comprehensive evidence. This can include:

• Medical Records: Detailed documentation of prenatal care, labor, delivery, and any complications.
• Expert Testimony: Medical experts can deliver insights into the standard of care and whether it was met.
• Witness Statements: Testimonies from nurses, doctors, or others present during delivery can support negligence claims.

A Proven Record of Success in Birth Injury Cases

The Becker Law Firm has secured hundreds of millions in compensation for birth injury victims, including some of the largest medical negligence recoveries in the state of Ohio and the largest personal injury settlement for a single plaintiff in Ohio history.

Examples of our birth injury results include:

• $25.5 million over oxygen deprivation/brain damage caused by a failure to follow emergency protocol.
• $14.5 million for a baby born with cerebral palsy and permanent cognitive impairments due to a delayed C-section.
• $11.35 million for a baby who suffered a watershed brain injury during birth.

If you believe a birth injury suffered by you, your child, or a loved one could have been prevented, our team wants to hear about your case. Call or contact us online to request a FREE consultation with our birth injury lawyers in Toledo.