Birth Injury Attorneys in Columbus
Providing Compassionate & Dedicated Representation
Few if any events in people’s lives create more joy than the birth of a child. Unfortunately, this joy sometimes changes to sorrow, pain, and a lifetime of special needs and disabilities as the result of trauma during birth.
A birth injury is any harm caused to an infant during the process of labor and delivery. These injuries can range from mild bruising to severe, lifelong conditions. While some birth injuries are unavoidable, others are the result of preventable medical errors or negligence. Birth injuries may involve physical harm to the baby, the mother, or both.
While sometimes unavoidable, sadly, many forms of birth trauma such as brain injuries and paralysis are avoidable, but they can occur due to errors on the part of healthcare professionals.
These errors can include:
- Failure to recognize and respond to decreased oxygen or blood supply to the baby during labor and delivery
- Medication errors
- Misuse of surgical tools
- Improper use of forceps or suction
- Delayed C-section
- Failure to diagnose fetal distress
At Rourke & Blumenthal, our experienced Columbus birth injury attorneys are dedicated to helping families who have been affected by medical malpractice during childbirth. We understand the emotional and financial strain that comes with these cases, and we are committed to providing compassionate and aggressive legal representation to ensure you and your child receive the justice you deserve.
If you believe your child may have sustained a serious birth injury as a result of medical negligence, please contact our Columbus birth injury attorneys at (614) 321-3212.
Types of Birth Injuries
Birth injuries can affect the baby in various ways, with some injuries being temporary and others requiring long-term care. Common birth injuries include:
- Brachial Plexus Injury (Erb’s Palsy): Caused by excessive pulling of the baby during delivery, often when the shoulder becomes stuck (shoulder dystocia). It can lead to paralysis of the arm or hand.
- Cerebral Palsy: A neurological disorder caused by brain damage during pregnancy, labor, or delivery. It affects motor skills and coordination and may require lifelong care.
- Fractures: Bone fractures, such as clavicle (collarbone) fractures, can occur during difficult deliveries.
- Intracranial Hemorrhage: Bleeding in the baby’s brain, often caused by the use of forceps or vacuum extraction, can result in long-term developmental disabilities.
- Oxygen Deprivation (Hypoxic-Ischemic Encephalopathy): If the baby’s brain does not receive enough oxygen during delivery, it can lead to brain damage, developmental delays, or death.
- Cephalohematoma: A collection of blood between the baby’s skull and the covering membrane, typically caused by the use of forceps or vacuum during delivery.
Causes of Birth Injuries
While many birth injuries are unavoidable, others are caused by medical negligence. Common causes of preventable birth injuries include:
- Failure to monitor fetal heart rate: If the baby’s heart rate drops dangerously low during labor and delivery, immediate intervention is required to prevent brain injury.
- Improper use of delivery instruments: The use of forceps or vacuum extraction during delivery can cause injuries if not performed correctly.
- Failure to perform a timely C-section: If a C-section is needed but delayed, the baby may suffer oxygen deprivation, leading to brain damage or other injuries.
- Failure to diagnose and treat infections: Infections like Group B strep or maternal infections can be passed on to the baby during labor, leading to birth injuries.
- Failure to recognize and manage shoulder dystocia: When the baby’s shoulders become stuck during delivery, prompt action is required to avoid nerve damage and other injuries.
Our Birth Injury Verdicts & Settlements
Regarded as one of Ohio’s top medical negligence law firms, our birth injury attorneys in Columbus have extensive experience handling all types of birth injury cases. These include cases ranging from brachial plexus injuries and Erb's palsy to hypoxic-ischemic encephalopathy.
Some example of successful recoveries for clients include:
- Over $4,000,000 recovered for a child who suffered a hypoxic brain injury due to a delayed delivery
- $1,500,000 settlement for the death of a 2-year-old child who died after sustaining a severe brain injury during birth and developed cerebral palsy
- $1,400,000 for child who suffered brain injury from mismanaged labor
- $700,000 settlement to the parents of an infant who was improperly resuscitated by the hospital’s neonatologist
How Long Do I Have to File a Birth Injury Claim?
In Ohio, the statute of limitations for filing a medical malpractice claim, including birth injury cases, is generally one year from the date of the injury or when the injury was discovered. However, in cases involving birth injuries, there may be extensions depending on the circumstances. It is important to contact an attorney as soon as possible to ensure your case is filed within the legal time limits.
Why Work With Our Team?
The birth injury attorneys at Rourke & Blumenthal have helped numerous parents recover damages for children injured as a result of errors or mistakes by healthcare professionals. Our birth injury lawyers utilize the top experts in the country to determine whether errors occurred in the care provided during labor and delivery, as well as what injuries were sustained by the baby as a result of these errors.
Rourke & Blumenthal works with physicians specializing in many areas, including:
- Pediatric development
- Rehabilitation
- Neurology
- Life care planning
By working with medical experts, we can determine the special needs of the injured baby and outline what form of assistance and care the child will need now and in the future. The goal of Rourke & Blumenthal in birth trauma cases is to recover what is needed to provide the best possible care to the injured child and to help him or her to have the highest quality of life possible.
Contact Our Columbus Birth Injury Lawyers
Birth injuries can be life-altering, leaving both the child and the family to cope with long-term physical, emotional, and financial challenges. Unfortunately, some birth injuries are caused by medical negligence during pregnancy, labor, or delivery. If your child has sustained a birth injury due to preventable errors, you may be entitled to compensation to help with medical expenses, therapy, and other costs associated with raising a child with a birth injury.
Related Readings:
If you believe your child may have sustained a serious birth injury as a result of medical negligence, please contact our Columbus birth injury attorneys at (614) 321-3212.
FAQ: Columbus Birth Injury
How do I know if my child’s injury was caused by medical negligence?
If your child’s injury occurred during pregnancy, labor, or delivery, our team can investigate your case to determine if medical negligence was a contributing factor. We will review medical records, consult experts, and examine the circumstances surrounding your child’s birth.
What types of birth injuries are covered by malpractice claims?
Common birth injuries that may be caused by medical malpractice include cerebral palsy, brachial plexus injury (Erb’s Palsy), fractures, oxygen deprivation, intracranial hemorrhage, and more.
What damages can I recover in a birth injury case?
Damages may include medical expenses (past and future), pain and suffering, lost wages (if a parent needs to take time off work), long-term care, therapy, and other related costs.
How long does a birth injury lawsuit take?
The length of a birth injury lawsuit in Ohio varies depending on the complexity of the case. Some cases may settle before trial, while others may take longer if they go to court. We will keep you updated on the progress of your case.
How much does it cost to hire a birth injury lawyer?
At Rourke & Blumenthal, we work on a contingency fee basis. This means you don’t pay any upfront fees. We only get paid if we successfully win your case.
Can my family receive compensation if my child has a permanent disability due to a birth injury?
Yes. If your child has a permanent disability as a result of a birth injury, you may be entitled to significant compensation to cover the cost of long-term care, therapy, and other related expenses.
A Proven Track Record of Success
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$20,800,000 Drunk Driving Accident
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$8,500,000 Verdict for Amputation Injury
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$7,400,000 Accident Causing Amputation
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$6,500,000 Wrongful Deaths Caused By Arson
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Record-Setting $6,000,000 Wrongful Death
We Come Highly Recommended
Learn what our happy clients have to say about working with our team
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"You NEED attorneys who are experienced in TBI cases."Wonderful firm! We have worked with other attorneys in the past and Mike and Tim blew us away. If you have a brain injury in the State of Ohio, you NEED attorneys who are experienced in TBI cases, not just motor vehicle accidents or other personal injury matters. It makes a huge difference having an attorney who understands the medical, emotional, and financial issues a family suffers after a TBI. They are professional, compassionate, and great communicators. I would recommend this office to anyone.- Suzanne
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"Attorney Stoudt is the best lawyer I've ever worked with."Attorney Jon Stoudt is the best lawyer I've ever worked with. He did everything he could to help me. From the start, Jon was very responsive and always explained everything in terms I could easily understand. Jon's staff was also kind and responsive. I highly recommend Jon and would use him again in the future. Several months after being done with my case, another lawyer, handling a different part of the case, commented on how well Jon handled my civil suit.- Jillian
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"Mr. Rourke and his team were extremely compassionate, knowledgeable and friendly"From the very beginning and to the very end of a long process, Mr. Rourke and his team were extremely compassionate, knowledgeable and friendly. I found them to be honest and easy to communicate with, day or night, weekday or weekend. Mr. Rourke was always professional but at the same time made you feel important and took as much time that was needed to explain the many steps in this process. Everyone of his team were very respectful and caring of everyone in my family involved in our case. I will have an admiration for Mr. Rourke and his team for the remainder of my life.- Kelly
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"Excellent Counsel"Jonathan Stoudt gave us excellent counsel during our time with him.- Cathy
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"I always felt that he had my best interests as the top priority."Mr Timothy Mahler represented me after a personal injury auto accident. He was professional, knowledgeable, empathetic and experienced. I always felt that he had my best interests as the top priority. I was relieved from the intricate and time-consuming tasks related to the accident, free to focus on healing and recovery. He managed the complicated insurance and settlement to the best outcome. His team always treated me with respect. I would highly recommend Mr Mahler and his team. Thank you.- Cathy B.
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"I will forever be grateful for their help!"I suffered physical injuries and a concussion from an auto accident in December of 2020. The team, from receptionist to attorneys, were nothing less than stellar, professional, kind, and hard working. The accident and aftermath were extremely stressful; but the Rourkes, Michael Senior and Michael Junior, helped me navigate the process while I focused on healing. For me, recovery from the accident was the most important part of the process. While I worked on recovering, Rourke and Blumenthal worked on negotiating a fantastic settlement for me. I will forever be grateful for their help!- Maggie S.
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"These attorneys always do what they promise."Attys. Mike Rourke, Sr. and Mike Rourke, Jr., helped us understand and settle all the legalities after my husband was hit be a car while riding his bicycle. Their extensive knowledge with injury cases, and their professionalism were ever-present, along with their empathy and understanding of what people experience after injuries that change lives. These attorneys always do what they promise, and in a timely and concise manner.. We would recommend Rourke & Blumenthal for anyone who needs legal services related to an accident or injury.- Stefanie M.
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"Our family is so grateful to have Rob Miller represent my daughter’s personal injury case."Our family is so grateful to have Rob Miller represent my daughter’s personal injury case. He is extremely knowledgeable about Ohio Law and was very patient with my numerous questions. Rob was always genuinely concerned about my daughter’s recovery and well being first. He is professional, knowledgeable, understanding, patient and we are so pleased with the outcome of the settlement. I would highly recommend Rob Miller to anyone looking for a top personal injury attorney.- Kathy
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Rourke & Blumenthal is here to help you get the results you need with a team you can trust.
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