Welcoming a child into the world should be a joyous moment, but when a medical professional makes a mistake and hurts your baby, that joy can quickly turn into fear, confusion, and heartbreak.
Beyond the emotional trauma, families can face exorbitant medical expenses, ongoing care costs, and an uncertain future.
If medical negligence contributed to your child’s injury, you deserve justice and the financial support necessary to provide the best possible care for your child.
Monge & Associates fights for the rights of families affected by birth injuries in Cincinnati.
Our Cincinnati birth injury attorneys are committed to holding negligent healthcare providers accountable while securing the compensation your family needs to move forward.
Schedule your free case review today and start building your claim.
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Understanding Birth Injuries
Birth injuries sound similar to birth defects, but these terms refer to two different types of conditions.
While birth defects occur during fetal development due to genetic factors or environmental influences, birth injuries result from trauma or complications during labor and delivery.
These preventable injuries often stem from medical negligence and can have lifelong consequences for your child.
Common types of birth injuries include:
- Cerebral palsy
- Erb’s palsy
- Brachial plexus injuries
- Hypoxic-ischemic encephalopathy
- Bone fractures
- Spinal cord injuries
Medical negligence during prenatal care, labor, or delivery frequently causes these injuries.
Healthcare providers may fail to monitor fetal distress, misuse delivery instruments, or delay necessary interventions like emergency cesarean sections.
Signs and Symptoms of Birth Injuries
Birth injuries can be challenging to spot. Some signs appear immediately after birth, while others may not become apparent until months or years later.
Immediate indicators often include seizures, muscle stiffness, difficulty breathing, or feeding problems.
Your newborn may also display abnormal reflexes or fail to meet basic developmental milestones.
As your child grows, developmental delays, challenges with motor skills, or cognitive impairments may become more obvious.
You might notice your child struggling to reach milestones like sitting up, crawling, or walking at expected ages, or they may have difficulty with speech development, fine motor skills like grasping objects, or social interactions.
Seek medical care immediately if you notice any signs of a birth injury—the sooner that the condition is diagnosed, the better your child’s chances for effective treatment.
Legal Grounds for a Birth Injury Claim
Birth injury claims are a type of medical malpractice lawsuit.
These claims are founded on the principle that all medical providers, from doctors and nurses to surgeons and anesthesiologists, must uphold a certain standard of care.
When they breach this duty through actions or omissions that fall below these standards, and this breach directly causes your child’s injury, you may have grounds for a claim.
Ohio requires all medical malpractice claims, including birth injury lawsuits, to be filed with an affidavit from a qualified medical expert.
This Affidavit of Merit contains sworn testimony that there is a reasonable basis to believe that the healthcare provider deviated from accepted medical standards and that this deviation caused the injury.
Monge & Associates can work with qualified medical experts to prepare this affidavit and ensure your case meets all legal requirements.
Statute of Limitations in Ohio
Every type of lawsuit in Ohio is subject to a certain statute of limitations.
This law limits the amount of time that you can pursue a lawsuit; if you file after the deadline, your case will likely be dismissed.
For most medical malpractice claims, the statute of limitations is one year from the date that the injury is discovered.
However, birth injuries do not always show symptoms right away. Some do not manifest until your child reaches toddler or school age.
When injuries are discovered later, the statute of limitations begins from the discovery date rather than the birth date.
For children, the time limit is paused until they turn eighteen, allowing them to pursue their own claims as adults if they choose.
Compensation Available for Birth Injury Cases
Birth injury settlements and verdicts can provide substantial compensation for affected families.
By filing a claim, you can secure damages for:
- All medical expenses associated with your child’s injury, including hospitalizations, surgeries, medications, and specialized equipment
- Disability accommodations to help your child navigate daily life
- Pain and suffering damages, which address the physical and emotional impact of the birth injury
The full extent of compensation depends on the severity of your child’s injuries, their long-term prognosis, and the impact on your family’s life.
Our birth injury attorneys work with medical experts and life care planners to accurately calculate these damages and fight for your family’s fair compensation.
Why Choose Monge & Associates as Your Birth Injury Law Firm
For decades, Monge & Associates has stood up for the rights of families affected by birth injuries and medical negligence.
We understand the medical complexities involved and have the resources necessary to build compelling cases against well-funded healthcare institutions and their insurance companies.
Our client-centered approach means we develop personalized legal strategies tailored to your family’s circumstances.
We take the time to understand your child’s specific needs and how the injury has affected your family.
You pay no upfront fees when you work with us.
We operate on a contingency basis, meaning you pay legal fees only if we successfully recover compensation.
Instead of worrying about legal bills, you can focus on what matters most: supporting and caring for your child.
Steps to Take If You Suspect a Birth Injury
If you suspect your child suffered a birth injury, seek immediate medical evaluation and diagnosis from qualified specialists.
Early intervention can make a significant difference in your child’s development and long-term outcomes.
Document all medical treatments, communications with healthcare providers, and your child’s symptoms or challenges.
Keep detailed records of appointments, test results, and any conversations about your child’s condition.
Finally, consult with a qualified birth injury attorney as soon as possible to explore your legal options.
Your lawyer will assess the available evidence and help plan your path forward.
Frequently Asked Questions about Birth Injury Claims
What distinguishes a birth injury from a birth defect?
Birth injuries result from trauma or complications during delivery, while birth defects occur during fetal development due to genetic or environmental factors.
How long does a birth injury lawsuit typically take?
Timelines can vary based on the complexity of the case. Most birth injury lawsuits take one year or longer to resolve.
Can I file a claim if the injury was discovered years after birth?
Yes. You have one year from the date of discovery to file a lawsuit if the injury was not apparent immediately after birth.
What costs are involved in hiring a birth injury lawyer?
Monge & Associates works on contingency, meaning you pay no upfront costs and legal fees only if we recover compensation for your family.
Contact Monge & Associates Today
Was your child hurt at birth by a negligent medical provider? Our Cincinnati personal injury lawyers at Monge & Associates will fight for the justice and compensation you need to secure your child’s future.
Contact us today at (513) 224-5591 for your free consultation and explore your next steps.
Visit Our Office:
8520 E Kemper Rd Suite 204
Cincinnati, OH 45249