A birth injury occurs when a newborn suffers harm before, during, or shortly after delivery due to medical negligence or improper care. In Ohio, common birth injuries include cerebral palsy, brachial plexus injuries (Erb’s palsy), skull fractures, brain damage from oxygen deprivation, and spinal cord injuries. These injuries can lead to lifelong complications, requiring extensive medical care and financial support.
At The Henry Law Firm, our founding attorney Eric Henry is a dedicated birth injury lawyer in Ohio who believes in being tough and fair. As a trial lawyer, he has won life-changing financial recoveries for clients—even in cases that other lawyers deemed unwinnable. With a deep commitment to justice, our personal injury law firm fights for families impacted by birth injuries, helping them recover maximum compensation.
Birth Injury Laws in Ohio
Ohio law provides legal protections for families whose newborns suffer preventable birth injuries due to medical negligence. These laws establish the standards of care for medical professionals, define the legal grounds for pursuing a birth injury claim, and set procedural requirements for filing a lawsuit.
Legal Basis for Birth Injury Claims in Ohio
Birth injury claims in Ohio fall under medical malpractice law, which requires proving that a healthcare provider deviated from the accepted standard of care, directly causing harm to the infant. Plaintiffs must establish the following elements:
- Duty of Care: The healthcare provider owed the mother and baby a duty of care.
- Breach of Standard of Care: The provider acted negligently, failing to meet the medical standard expected under similar circumstances.
- Causation: The provider’s negligence directly resulted in the infant’s injury.
- Damages: The injury led to measurable harm, such as medical expenses, long-term disabilities, or emotional suffering.
Statute of Limitations for Birth Injury Claims
Ohio law sets time limits for pursuing birth injury litigation. Under Ohio Revised Code § 2305.113, a medical malpractice lawsuit must generally be filed within one year of discovering the injury. However, Ohio provides a special statute of limitations for birth injury cases:
- For the child: Parents can file a claim on behalf of their child at any time before the child turns 18 years old. However, once the child turns 18, they have one additional year to file a lawsuit on their own behalf.
- For the parents: Claims for parental damages, such as medical expenses and emotional distress, must generally be filed within one year from the date the injury was or should have been discovered.
Ohio’s Affidavit of Merit Requirement
Ohio law mandates that plaintiffs include an Affidavit of Merit when filing a birth injury lawsuit. This document, signed by a qualified medical expert, confirms that:
- A doctor-patient relationship existed.
- The medical provider in question failed to meet the accepted standard of care.
- The failure resulted in harm to the infant.
- The injury resulting from the medical professional’s negligence could have been prevented with proper medical care.
Failing to submit an Affidavit of Merit may result in the dismissal of the case.
Caps on Damages in Ohio Birth Injury Cases
Ohio has laws limiting non-economic damages (pain and suffering, emotional distress) in medical malpractice cases, including birth injury claims. Under Ohio Revised Code § 2323.43, non-economic damages are capped at:
- $250,000 or three times the amount of economic damages, whichever is greater
- A maximum cap of $500,000 per plaintiff or $1 million per case in most instances
There’s no cap on economic damages, meaning families can recover full compensation for medical expenses, therapy, assistive devices, and long-term care costs.
Potential Liable Parties in Birth Injury Cases
Birth injury lawsuits in Ohio may hold multiple parties accountable, including:
- Obstetricians and gynecologists (OB-GYNs) for errors during labor and delivery
- Nurses and hospital staff for inadequate fetal monitoring or delayed responses to distress
- Anesthesiologists for administering improper doses of medication during labor
- Hospitals and medical facilities for failing to maintain proper procedures, staff training, or equipment
Comparative Negligence in Ohio Birth Injury Cases
Ohio follows a modified comparative negligence rule under Ohio Revised Code § 2315.33. If the defendant can prove that the parents’ actions (e.g., failing to follow prenatal care advice) contributed to the injury, their compensation may be reduced. However, as long as the parents are found to be less than 50% at fault, they can still recover damages.
Seeking Justice for Birth Injury Victims in Ohio
Winning a birth injury claim in Ohio typically requires extensive medical evidence, expert testimony, and aggressive legal advocacy. Families pursuing compensation should work with a seasoned birth injury lawyer with knowledge of Ohio’s birth injury laws to ensure compliance with procedural requirements.
Your Cleveland birth injury attorney should have proven negotiation skills and trial experience to fight for the highest possible financial recovery for your child’s future.
Types of Cases Our Ohio Birth Injury Attorneys Can Handle
At The Henry Law Firm, our birth injury lawyers in Ohio are fully equipped to represent clients in all types of birth injury claims, including:
HIE Injury (Hypoxic-Ischemic Encephalopathy)
HIE is a severe birth injury caused by a lack of oxygen and blood flow to the baby’s brain during labor and delivery. It can lead to lifelong disabilities such as cognitive impairments, motor dysfunction, and cerebral palsy. Our attorneys work with medical experts to prove negligence in cases involving delayed C-sections, improper fetal monitoring, and other preventable medical errors.
Cerebral Palsy
Cerebral palsy often results from birth complications that cause oxygen deprivation, improper use of delivery tools, or untreated infections. If medical negligence contributed to your child’s cerebral palsy, we will fight for the compensation needed to cover medical expenses, therapy, and long-term care.
Other Birth Injuries
We handle a wide range of birth injury cases, including:
- Brachial plexus injuries (Erb’s palsy and Klumpke’s palsy)
- Skull fractures and brain bleeds
- Shoulder dystocia
- Spinal cord injuries
- Maternal infections left untreated
Baby Death
The loss of a newborn due to medical negligence is devastating. If a preventable medical error during pregnancy, labor, or delivery led to your baby’s death, our compassionate medical malpractice claim attorneys in Ohio will hold the responsible parties accountable and help your family seek justice.
We have the skills, experience, and resources to take on powerful hospitals and large insurance companies in Ohio to obtain justice and recover the highest possible wrongful death damages for parents who suffered the loss of a baby due to medical negligence.
Choose Our Award-Winning Ohio Birth Injury Lawyer
At The Henry Law Firm, our Ohio birth injury attorney Megan Shore is a nationally recognized medical malpractice and birth injury lawyer with a proven track record of winning high-stakes cases. She has litigated birth injury claims across the country, achieving multi-million dollar settlements and jury verdicts—including the largest obstetrical malpractice verdict in U.S. history at the time, $143 million.
Recognized by Super Lawyers, The National Trial Lawyers, and the National Academy of Personal Injury Attorneys, Megan has been featured in major media outlets like CBS, ABC, NBC 5 Chicago, Law360, and The Chicago Tribune. Her experience in auditing electronic medical records for falsified or late charting gives her an edge in uncovering medical negligence.
The Henry Law Firm is determined to provide compassionate yet relentless advocacy for your financial recovery and your child’s future. To schedule your free consultation, call us at (440) 644-3995 or contact us online.
