Ohio Birth Injury Lawsuit
How Do I Know if I Should File a Birth Injury Lawsuit?
Recovering from a difficult delivery and coming to terms with a disabled child leaves you little time to consider legal action. However, if your child has lifelong disabilities, they will need a lot of expensive treatment and care. A lawsuit may be the best way to cover these costs for your child.
The best way to determine if it makes sense to file a lawsuit is to talk to an experienced lawyer. Reputable firms always offer free case evaluations. This gives you a chance to ask questions with no obligation to hire a lawyer. If they think you have a case, the lawyer will probably offer to represent you. You can then decide what to do next.
What Are the Steps in an Ohio Birth Injury Lawsuit?
Birth injury lawsuits in Ohio follow the same general steps as most personal injury cases. The first step is to hire the right lawyer. They can then do all the legwork, with your input, going through all the necessary steps to conclude your case:
- File a complaint
Your lawyer’s first step is to file this document with the correct court in Ohio. The complaint serves to make the suit official but also notifies the defendants. - Build a case
The filing leads to a period of time known as discovery. This is when both sides have time to investigate what happened and to build a case. Your lawyer talks to witnesses and experts during discovery, looking for evidence of negligence. - Negotiate a settlement
Most birth injury cases end in a pre-trial settlement. Defendants, even if they don’t admit liability, will settle out of court to save money. Your lawyer will negotiate to get you the most compensation. - Litigate in court
Some cases go to court, either when the defendants won’t negotiate or offer too little compensation. Your lawyer will argue your case in court, presenting evidence and testimony to the jury. The jury decides if the defendants are negligent, and if so, select an award amount. - Fight an appeal
This last step is only necessary if the defendants appeal a jury decision in your favor. This takes it to a higher court in Ohio, where your lawyer will argue in front of a judge to keep the verdict.
What is the Statute of Limitations for a Birth Injury Lawsuit in Ohio?
Ohio’s personal injury statute of limitations is two years. This law gives you two years from when you discovered your child’s injuries to file a lawsuit. There may be some exceptions, but it is important to talk to a lawyer as soon as possible, so you don’t miss the chance to recover damages.
How Will My Lawyer Prove My Case?
To prove medical negligence and that the hospital or insurer owes you damages, your lawyer must rely on evidence, expert testimony, and your recollections of the incident. Proving medical malpractice requires a medical expert to first establish a standard of care. This is what another doctor would have done in the same situation.
Your lawyer will then use witness and expert testimony and physical evidence to show your doctor or other medical professional did not follow that standard. To help your lawyer prove negligence, provide your honest recollections, medical records, bills, and information about who was present.
How Much Compensation Can I Get?
Damages in birth injury cases depend on factors unique to each one:
- The type and severity of the injuries
- The permanence of the injuries and any lasting disabilities
- How the injuries impact your and your child’s quality of life
- Current medical bills
- Future expected expenses for your child’s medical treatments, home care, and other needs
- Lost wages if you missed work
- Lost future earning potential if you must stay home to care for your child
Damages amounts can also depend on state laws. For instance, Ohio courts follow comparative negligence rules. If the defendants show you share some of the blame for the injuries, the court will reduce any jury award. Ohio also caps non-economic damages, although not necessarily for serious injuries. Your child may be exempt from the total cap of $350,000.
Examples of Ohio Birth Injury Lawsuits
When you file a lawsuit, you cannot predict the outcome. Working with an expert firm that believes you have a case gives you a great chance of the best outcome. The possibilities vary, depending on the factors of your case. These examples from around Ohio can give you an idea of what might be possible for your family when working with the right lawyer.
An Ohio family experienced the devastation of birth injuries at Clearfield Hospital in Pennsylvania in 2012. Nicole Welker was struggling with labor when a doctor gave her Pitocin to increase contractions. This, Welker’s attorneys argued, slowed down delivery of oxygen to the baby, resulting in brain damage. As a result, the baby was born with cerebral palsy and significant disabilities. A jury awarded the family $14.5 million.[1]
Another Ohio family received a $10 million jury verdict for birth injuries in 2021. Shyann Johnson gave birth to Ella-Marie in 2015. The baby died of asphyxiation shortly after birth at Henry County Hospital. After a seven-day trial, the jury agreed it was a case of negligent wrongful death. The family is still working to settle with the hospital on medical malpractice charges as well.[2]
If your family is suffering because your baby was born with serious injuries, contact a lawyer. They may say you have a strong case to sue. A lawsuit can provide you with the compensation you need to get your child the best care for life.