If you think your baby was harmed in utero or during labor or delivery, there is no harm in contacting a lawyer to review the medical records to see if you have a malpractice case. The best medical malpractice lawyers and law firms offer free case evaluation and review cases without charging the potential client any money.
Experienced malpractice lawyers will work on a 40% contingency fee and front all out of pocket expenses related to bringing a case against a hospital or doctor who made a mistake.
At Rittgers Rittgers & Nakajima, attorney Lindsay Lawrence is the head of our malpractice team which consists of four lawyers and more support staff. We have success evaluating, settling, and winning jury trials for victims of medical negligence in both Ohio and Kentucky.
We’ve successfully resolved numerous cases involving negligence of OBGYN practitioners and nurses.
We also have in-house physicians to review and timely evaluate your case at no charge to you.
What types of injuries can happen as a result of medical malpractice before, during or after labor and delivery?
Medical malpractice during childbirth can cause a variety of injuries to a newborn, including:
- Brain damage: This can include hypoxic-ischemic encephalopathy (HIE), which is severe brain damage caused by a lack of oxygen or blood flow.
- Hypoxic-ischemic encephalopathy (HIE): is a type of brain damage that occurs when a baby’s brain doesn’t receive enough oxygen or blood flow before or shortly after birth. HIE can cause neurological or developmental problems, and can range from mild to severe
- Spinal cord injuries: These can be caused by physical trauma.
- Brachial palsy: This is damage to the brachial plexus nerve, which can cause weakness or paralysis in the arm, shoulder, hand, and wrist.
- Cerebral palsy: This is a group of conditions that affect muscle tone and movement, and can result from a brain injury at birth.
- Caput succedaneum: This is swelling or bruising on the baby’s scalp.
- Cephalohematoma: This is a collection of blood that pools under the skin on the baby’s scalp.
- Diabetic Ketoacidosis: A condition that is life threatening to both the mother and baby if the mother is a type 1 or type 2 diabetic.
Other types of birth injuries that can be caused by medical malpractice include: fetal demise, Intraventricular hemorrhage, Kernicterus, Newborn jaundice, Periventricular leukomalacia, and Skull fractures.
Some common causes of medical malpractice that result in birth injuries include: Failure to spot fetal distress, Delayed delivery, Improper use of forceps, and Using too much force during delivery
Will contacting an attorney and compensation help my child and our family?
Yes. You should always contact a medical malpractice attorney if your child has been injured.
If you have a case and receive compensation, there are ways in which lawyers are able to protect the compensation your child receives by setting up a Special Needs Trust or Guardianship.
A special needs trust (SNT) is a legal arrangement that can help an injured child receive compensation while still being eligible for government benefits like Medicaid and Supplemental Security Income (SSI):
How does a Special Needs Trust work?
A parent or guardian sets up an SNT to hold assets, like a personal injury settlement, for the child’s benefit. The funds belong to the trust, not the child, so they won’t count toward the child’s government benefits eligibility.
Why it’s useful
An SNT allows a parent to leave an inheritance to their child without disqualifying them for government benefits. It can also help protect the child’s livelihood and benefits after the parents pass away.
How to set it up
A parent’s special needs estate planning attorney can help create a third-party SNT as part of their Will or Revocable Trust.
How long do I have to bring a claim for my child?
In most states you have until your child turns 18 years old. This is because your child is a minor and the statute is tolled or delayed until they reach the age of 18.