
Columbus Birth Injury Attorneys
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 lawyers 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 Handled by Our Birth Injury Lawyers Columbus
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. In most cases, a cephalohematoma will resolve on its own; however, in some instances, it can lead to complications such as anemia or jaundice, requiring medical intervention. It is crucial for healthcare providers to monitor this condition closely to manage any developing issues effectively.
Causes of Birth Injuries Your Birth Injury Attorney Can Explain
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. Regular monitoring is vital to detect signs of fetal distress early and take appropriate actions.
- Improper use of delivery instruments: The use of forceps or vacuum extraction during delivery can cause injuries if not performed correctly. Ensuring that medical staff is properly trained in these procedures can reduce the risk of injury significantly.
- 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. Decision-making must be prompt when signs indicate the necessity of a C-section to prevent unnecessary risks.
- 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. Early detection and treatment are critical in avoiding transmission and subsequent complications.
- 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. Implementing proper techniques to address shoulder dystocia can minimize adverse outcomes.
Success & Justice: 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. Our commitment to securing favorable verdicts and settlements has offered financial relief and justice to many families affected by birth-related injuries. We work tirelessly to ensure that victims receive compensation to manage medical expenses, therapy, and future healthcare needs.
Some examples 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 claims, 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 claim is filed within the legal time limits.
Why Work With Our Team of Birth Injury Attorneys?
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 professionals 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 professionals, 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 claims 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 Today
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.
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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.

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Learn what our happy clients have to say about working with our team
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I was blown away by Michael Rourke's professionalism, legal expertise, and his commitment to advocate on my behalf.- Ashley M.
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We sincerely want to express our gratitude to Mike Rourke and Jon Stoudt for their commitment to us and our case. Their guidance through the whole process was invaluable. The whole time they were very respectful, caring, and compassionate regarding our circumstances. They explained in detail every step of the process. This gave us peace of mind when moving forward with the case. We put our trust in Mike and Jon, and so glad we did. Their skilled expertise was instrumental in the outcome of our case. We couldn’t be happier with the final outcome. Thank you to Mike, Jon, and their wonderful staff.- Shelley
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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 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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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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Jonathan Stoudt gave us excellent counsel during our time with him.- Cathy
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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 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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