Bringing a child into the world should be one of the most joyful experiences of your life. However, when things go wrong during labor and delivery, that joy can be overshadowed by fear, anger, and heartbreak. If your child has suffered a birth injury due to medical negligence, you may be unsure about where to turn.
An experienced Cincinnati birth injury lawyer from O’Connor, Acciani & Levy understands the emotional and financial toll a birth injury can take on your family. We’re here to guide you through this difficult time.
Filing a birth injury claim is about more than getting compensation. It’s about securing the resources and care your child needs to live the best life possible. With more than two decades of experience fighting for injured clients, we are dedicated to holding negligent parties accountable and helping families rebuild their lives.
If you suspect your child’s birth injury was caused by medical negligence, contact us today. We offer free consultations and work on a contingency fee basis, meaning you pay no attorney’s fees unless we recover compensation in your case.
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Table of Contents
- Why Us for Your Cincinnati Birth Injury Case?
- Understanding Birth Injuries
- How Does Negligence Cause Birth Injuries?
- Types of Birth Injury Cases We Handle
- Who May Be Held Liable in a Cincinnati Birth Injury Claim?
- Do I Have a Birth Injury Case?
- How Our Lawyers Prove Negligence in a Cincinnati Birth Injury Case
- Compensation Available in a Birth Injury Claim
- What is the Statute of Limitations for Filing a Cincinnati, Ohio, Birth Injury Lawsuit?
- Cincinnati Birth Injury Claims FAQs
- Contact Our Trusted Cincinnati Birth Injury Lawyers Today
Why Us for Your Cincinnati Birth Injury Case?
At O’Connor, Acciani & Levy, we understand how deeply a birth injury can impact your family. That’s why we are committed to providing compassionate legal representation backed by over 200 years of combined experience.
When you work with us, you can expect personalized attention to your case and aggressive advocacy to hold the responsible parties accountable.
Here’s why families across Cincinnati have trusted us with their birth injury cases for more than two decades:
- A Proven Track Record
Our team has secured tens of millions of dollars in compensation for our clients. We know how to negotiate with insurance companies and fight in court to get fair results. - No Fees Unless You Win
We believe you shouldn’t have to worry about legal costs on top of everything else. That’s why we only get paid if we recover compensation for you. - Compassionate Support
We take the time to listen to you and understand your needs. Birth injury cases are not just legal battles; they are personal. Your story matters to us, and we are here to support you every step of the way. - Resources to Build a Strong Case
Birth injury claims often require expert witnesses, detailed medical records, and sophisticated strategies. Our attorneys have the resources and knowledge to handle even the most challenging cases.
Choosing the right law firm can make all the difference in your birth injury claim. At O’Connor, Acciani & Levy, we are prepared to fight for the compensation and justice your family deserves.
Understanding Birth Injuries
A birth injury refers to any preventable harm to a baby or mother during pregnancy, labor, delivery, or shortly after birth, often due to medical negligence. These injuries can result in long-term physical, developmental, or cognitive challenges for the child.
Families coping with birth injuries often face mounting emotional, physical, and financial burdens. Filing a birth injury claim can help you obtain essential resources for your child and hold medical professionals accountable for their mistakes. Understanding how these injuries occur is the first step toward seeking justice.
How Does Negligence Cause Birth Injuries?
Medical professionals owe a duty of care to their patients, including expectant mothers and their babies. When healthcare providers fail to meet this duty, their negligence can lead to avoidable birth injuries. Examples include:
- Delayed Intervention - Failing to perform a timely C-section can deprive the baby of oxygen, causing brain damage.
- Improper Use of Tools - The incorrect use of forceps or vacuum extractors can damage a baby’s nerves or skull.
- Medication Errors - Administering the wrong medication or dosage can harm both mother and baby.
- Failure to Monitor - Not tracking vital signs can lead to missed signs of fetal distress, resulting in injuries.
When these preventable mistakes happen, families have the right to seek justice through a birth injury claim.
Types of Birth Injury Cases We Handle
At O’Connor, Acciani & Levy, we represent families dealing with a wide range of birth injuries, including but not limited to:
- Cerebral Palsy - Often caused by oxygen deprivation, this lifelong condition affects movement and muscle control.
- Erb’s Palsy - A nerve injury that can result from excessive pulling on the baby’s shoulders during delivery.
- Hypoxic-Ischemic Encephalopathy (HIE) - Brain damage caused by a lack of oxygen to the baby’s brain.
- Brachial Plexus Injuries - Damage to the network of nerves controlling the arm and hand.
- Skull Fractures - Often caused by improper use of delivery instruments.
- Facial Nerve Damage - Injuries that occur when pressure is applied to the baby’s face during delivery.
Every birth injury case is unique, and our experienced attorneys will work tirelessly to uncover the truth and hold negligent parties accountable.
Who May Be Held Liable in a Cincinnati Birth Injury Claim?
Determining liability in a birth injury case starts with identifying the parties whose negligence caused the injury. Depending on the circumstances, several individuals or entities may be held responsible, including:
- Doctors and Nurses - Physicians overseeing delivery, nurses assisting during labor, or any medical staff responsible for monitoring the mother and baby.
- Hospital Facilities - The hospital may be liable if inadequate staffing, faulty equipment, or unsafe conditions contributed to the injury.
- Obstetricians/Gynecologists (OB-GYNs) - Specialists responsible for prenatal care and delivery who failed to provide an acceptable standard of care.
- Midwives or Delivery Teams - Non-hospital personnel involved in the childbirth process may also be liable if they acted negligently.
- Pharmaceutical Companies - If your child’s injury resulted from a defective drug prescribed during pregnancy, the drug manufacturer might share responsibility.
Identifying all liable parties ensures you have the best chance of obtaining full compensation for your child’s needs.
Do I Have a Birth Injury Case?
Determining whether you have a birth injury case starts with understanding a few key factors.
- Evidence of negligence: Did a doctor, nurse, or medical staff fail to provide the level of care expected during your pregnancy, labor, or delivery? Mistakes such as delayed responses to complications, misusing delivery tools, or failing to perform a timely cesarean are examples of potential negligence.
- Connection between negligence and injury: Your case must show that the medical professional’s error directly caused your child’s injury. Medical records, expert testimony, and other evidence can help establish this crucial link.
- Impact on the child and family: A birth injury can result in physical, cognitive, or developmental challenges that require long-term care, therapy, and financial resources. These hardships can place an immense emotional and financial burden on your family.
Our experienced birth injury attorneys can review your situation, investigate the facts, and determine whether negligence may have played a role.
How Our Lawyers Prove Negligence in a Cincinnati Birth Injury Case
A successful birth injury claim requires proving that medical negligence directly caused harm to your child. Our experienced lawyers handle this process by carefully investigating and building your case. Here’s how we do it:
- Gathering Medical Records
We thoroughly review medical records to understand what happened during prenatal care, labor, and delivery. Any discrepancies or signs of substandard care will be identified. - Consulting Expert Witnesses
We work with medical professionals who can review the case and provide expert opinions on whether negligence occurred and how it caused the injury. - Reconstructing Events
Using available evidence, we piece together the sequence of events leading up to the injury, identifying critical moments where mistakes were made. - Establishing Duty of Care
We demonstrate that the healthcare provider owed a specific duty of care to you and your baby and that this standard of care was not met. - Linking Injury to Negligence
Finally, we show that the birth injury was a direct result of the provider’s actions or inaction, ensuring no detail is overlooked.
Throughout the process, we keep you informed and involved. Our goal is to obtain the compensation and justice you deserve while giving you the peace of mind to focus on your child’s recovery.
Compensation Available in a Birth Injury Claim
When your child suffers a birth injury due to medical negligence, seeking compensation is about much more than money. It’s about ensuring your child has the resources they need to thrive both now and in the future.
From specialized medical care to long-term support services, financial relief can ease the burdens on your family and allow you to focus on what truly matters—your child’s well-being.
By filing a birth injury claim, you may be able to recover compensation for:
- Medical Expenses – Current and future costs of surgeries, medications, therapy, and hospital stays.
- Caregiving Costs – Expenses for in-home care, special education, or adaptive equipment.
- Pain and Suffering – Compensation for the emotional distress and reduced quality of life caused by the injury.
- Lost Income – Wages lost due to time off work to care for your child or the inability to work.
- Future Financial Needs – Ensuring your child has access to the services and support they may require for the rest of their life.
Filing a claim can help secure the financial resources your family needs to move forward. You don’t have to face this alone—we’re here to help every step of the way.
What is the Statute of Limitations for Filing a Cincinnati, Ohio, Birth Injury Lawsuit?
If your child suffered a birth injury due to medical negligence, Ohio law allows you to file a lawsuit. However, strict deadlines, known as the statute of limitations, apply to these claims.
Generally, in Ohio, you have one year from the date of injury to file a medical malpractice lawsuit. However, in cases involving children, the timeline may extend. Plaintiffs must file birth injury lawsuits by the time the child reaches their 19th birthday, although a healthcare provider’s actions may influence this timeline.
In addition, Ohio's statute of repose generally sets an absolute deadline of four years from the date of the alleged negligent act or omission, regardless of discovery, with limited exceptions (like foreign objects left in the body or written notice).
Consult an experienced Cincinnati birth injury attorney as soon as possible to preserve critical evidence and strengthen your case.
Cincinnati Birth Injury Claims FAQs
Navigating a birth injury claim can feel overwhelming, but we’re here to provide answers to some of the most common questions families like yours face during this difficult time.
How do I know if my child’s injury was caused by negligence?
Birth injuries caused by negligence often result from preventable errors, such as failing to monitor fetal distress, delayed cesarean deliveries, or improper use of delivery tools. A lawyer can review your medical records and consult with experts to determine if medical malpractice occurred.
How long does a birth injury lawsuit take?
The timeline for a birth injury case varies depending on its complexity. Some cases settle in months, while others take years to resolve, especially if they go to trial. Your lawyer will aim for a prompt resolution without compromising on the compensation you deserve.
What if the injury is discovered years after birth?
Some birth injuries, such as developmental delays or cognitive impairments, only become evident as the child grows older. Ohio law allows for certain exceptions to the statute of limitations in these cases. A lawyer can assess your situation and clarify your options.
How much does it cost to hire a birth injury attorney?
At O’Connor, Acciani & Levy, we operate on a contingency fee basis, meaning you pay nothing upfront. We only receive a fee if we recover compensation for you. This ensures there’s no financial risk in seeking the help your family needs.
Contact Our Trusted Cincinnati Birth Injury Lawyers Today
If your family is dealing with a birth injury, our compassionate and experienced attorneys can guide you through this difficult time.
We can help by:
- Conducting a thorough investigation to uncover evidence of negligence.
- Collaborating with medical experts to prove the cause of your child’s injury.
- Handling all insurance and legal communications on your behalf.
- Pursuing maximum compensation to cover your child’s medical, developmental, and emotional needs.
Your child’s future is too important to leave to chance. Contact O’Connor, Acciani & Levy today at (513) 241-7111 or through our online form for a free, no-obligation consultation.
We’ll take the time to listen to your story, answer your questions, and work relentlessly to secure the justice and compensation your family deserves.
